Legal Question in Family Law in Nevada
Default Divorce
My request for submission on a default divorce was striken. Assets I proposed to divide cannot be divided without a QDRO. I want to ammend my complaint to not split the stock options and 401K (they belong to the defendant). I also need to change the visitation arrangements at the courts request. What kind of forms do I need to file if there has not been an order or decree issued? Does he get another chance to respond or is it just submitted to the court?
2 Answers from Attorneys
Re: Default Divorce
You should hire a lawyer now because this is something that is getting complicated. Like Mr. Smith said, if you amend the complaint you need to re-serve him and he gets another chance to respond.
There is a time cost and the possibility of error cost if you continue to try to do this yourself and it may be cheaper all around to hire a lawyer.
Re: Default Divorce
When you amend the complaint you have to re-serve it and give the defendant an additional 20 days to respond. The theory is that he may not have decided to respond to the first one for some reason, but he may want to respond to the second version of the complaint.