Legal Question in Wills and Trusts in Nevada

Common Laws on NV Marriage and Separations

In the state of Nevada is there such a thing as a common law separation? If someone is married legally in las vegas and their spouce leaves them and moves to another state, and remains in that state for over 12 years but neither partys file for divorce or separation is there such a thing as a common law separation? And in the event the remaining spouce and NV dies without a will - would the children get the belongings or would the estranged wife be able to come back and still claim everything? Even if her name was not on any of the accounts or property?


Asked on 8/07/07, 6:10 am

2 Answers from Attorneys
Jim Herbe Black & Lobello

Re: Common Laws on NV Marriage and Separations

You are still legally married and would need to file formal divorce papers. In Nevada, you would have extremely strong grounds for such a divorce based on living apart for longer than one year and "incompatibility."

If there is no formal divorce decree, the estranged wife still would have a basis to claim at least 50% of all community property as they are still legally married. The presumption in the court would be to give the wife the assets under the will; you would have to fight for an equitable remedy in Court that would be very complex and difficult to predict.

My office handles family law and would be willing to speak to you about your situation. If you would like to schedule a consultation with myself or my law partner to discuss your matter, contact my office ASAP. Your matter needs immediate attention.

Best Regards,

Jim Herbe

Jim Herbe

Breeden & Herbe, LTD

139 E. Warm Springs Road, Suite 115

Las Vegas, NV

89119

[email protected]

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Answered on 8/07/07, 12:13 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Common Laws on NV Marriage and Separations

The estranged wife will still have whatever rights are granted to the wife in Nevada.

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Answered on 8/08/07, 9:56 pm


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