Legal Question in Family Law in Nevada
My wife of 15 years has been cheating on me. She no longer wants to be married but I have agreed to not file for divorce until she is able to get insurance. We have twin 6 year old boys of which I want at least shared custody. I want her out of the house until the divorce is final but she is unwilling to leave - what are my legal rights?
1 Answer from Attorneys
You cannot kick your spouse out of the house without the Judge signing an Order allowing you to do so. You could file an action for separate maintenance if you do not want to file an action for divorce. That way your wife can keep her insurance and you can file a motion for exclusive possession of the house and joint legal and shared physical custody of your twin boys. Remember, Nevada is a no fault state so you cannot necessarily use her adultery as a reason to get exclusive possession of the house or primary physical custody of your kids.
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