According to NRS 125 .150 If, in a divorce, the court will divide community property equally. However, if the court has cause it shall divide the community property unequally. If this occurs, the statute states that a reason for doing so must be put in writing by the judge. during my recent divorce the judge was blatantly biased. He awarded my ex, who earns $70,000 a year, everything including my sole and separate property. He left me pennyless and homeless. He never gave a reason, written or oral. My question is...what is the proper and legal process that I must go through in order to request as well as receive the judges reason in writing?
2 Answers from Attorneys
You must act quickly, unless you are already too late. I recommend that you see a lawyer immediately. If you cannot afford a lawyer, contact the Nevada State Bar Lawyer Referral & Information Service at 382-0504, and they will put you in contact with a lawyer who will provide you with a 30-minute consultation at a discounted rate of $45.00.
Your understanding of the law appears to be correct. The mandate to equally divide absent specific findings of compelling circumstances may be the primary subject of an opinion I am waiting to issue from the Nevada Supreme Court in a case I argued a few months ago called Doan -- but there is no way to know how long it will take, or exactly what it will say. But yes, the order should contain both findings and orders.
Mr. Courtney is correct about moving quickly. For certain kinds of motions, you have only 10 days from entry of an order to try to alter it. Appeals have a strict 30-day time period, and some other kinds of motions may be made within 6 months.
If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/). Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid. The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200. Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions. For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.clarkcountycourts.us/shc/Supporting Documents/self_help_supportingdocs.html.