CARR LAW OFFICE

The Carr Law Office has experience handling all types of divorce cases, whether contested or uncontested.

The fastest and easiest way to bring a divorce case to conclusion is to agree with your spouse on a fair division of the property and debts.  Divorces with both parties in agreement can be resolved in days or weeks. Heavily litigated matters can take considerably more time and money to resolve.

If your case is uncontested and you and your spouse have resolved all of the issues (property, debt, child custody and support) we can prepare the necessary forms, file them with the court and have them finalized by a judge.

If your case is litigated (contested), our office will file the papers to open the case with the court and to request temporary spousal and child support and attorney's fees to support you during the litigation.  We will see to every detail through the final entry of the decree of divorce.

FREQUENTLY ASKED QUESTIONS

I was married in Las Vegas, but now live in Arizona.  Am I required to file for divorce in Nevada?

No, you are required to file in the state in which you reside (usually the state in which you live).  To file for divorce in Clark County either you or your spouse must reside in Clark County for the six weeks immediately prior to filing for divorce.

Nevada does have jurisdiction for annulment matters regardless of where the parties reside (provided the ceremony was performed in Nevada).  See below for more information.

I am from England.  I was recently on vacation in Las Vegas, got drunk and married a coctail waitress.  Is there anything I can do?

Yes, you can get an annulment.  Nevada automatically has jurisdiction over marriages performed in Nevada (regardless of where the parties reside).  If the marriage was performed in another state, one of the parties must be a resident of Nevada for the six weeks immediately prior to filing for the annulment.

An annulment essentially cancels the marriage, making it as though it never happened.  Annulments, however are granted only for very specific reasons.

Among the reasons a person would be entitled to an annulment are:

1. The  parties are related by blood any closer than second cousins;
2. Either party is married to someone else at the time of he marriage;
3. Either party is a minor at the time of the marriage and does not have parental consent;
4. Want of understanding (extreme intoxication, insanity, mental disability); 
5. Fraud (inability or unwillingness to cohabit, to have children or have sexual relations);
6. Grounds for declaring a contract void in equity (mutual mistake, undue influence, duress, negligent misrepresentation, etc.).

Something is wrong with my decree.  How do I fix it?

There are several options for fixing problems with a decree. 

1. Rule 60(a) allows for correction of clerical mistakes in orders (and decrees) at any time. 
2. Rule 60(b) allows for the orders or decree to be set aside within 6 months, if there is "mistake, inadvertance, surprise or excusable neglect."  It can also be set aside for "newly discovered evidence," but only if that evidence could not have been discovered at the time of trial.  Fraud, misrepresentation or misconduct of the adverse party is also a reason to ask that the orders or decree be set aside.

Other options may exist, as outlined below.

What if the whole decree is wrong?  I was never served by my husband and I just found out that 4 months ago he had a decree entered which gives him everything.  What can I do?

NRCP Rule 60(c) and (d) provide for relief when either a party was not served or when the party failed to respond to the original complaint and is in "default."  Rule 12(b) also provides a remedy if service was improper.  Still other options may exist if the court lacks jurisdiction over the parties.