Marshal Shawn Willick’s Answers

Marshal Shawn Willick

Las Vegas Family Law Attorney.

Contributor Level 15
  1. Is a man married a woman who was not divorced is that a crime & do they now need to go thru the divorce process?

    Answered over 3 years ago.

    1. Marshal Shawn Willick
    2. Anthony M. Wright
    2 lawyer answers

    Verify your facts, but if they check out, you need do nothing other than what you what you wish to do. A marriage entered into by a person who is already/still married to another living person, is "void ab initio," and need not be formally annulled. That said, many persons in this predicament prefer to go through a formal annulment, to have a clear paper trail, and provide for the disposition of property acquired during the putative marriage. An explanation of the relevant law, with links to...

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  2. Are there any legal cases in which a single mother was able to keep her last name for her child?

    Answered over 4 years ago.

    1. Marshal Shawn Willick
    2. Michael Douglas Shafer
    2 lawyer answers

    You bet. The matter is highly state specific, so beware of advice from elsewhere that is reliant on law from other jurisdictions. In Nevada, the key case is: .............................. Magiera v. Luera, 106 Nev. 775, 802 P.2d 6 (1990) Out-of-wedlock child; district court's order to have dad's name put on birth certificate reversed where parties had never been married, dad did not pay support until wages garnished; only question is best interest of child; dad not entitled to "tangible...

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  3. Divorce gives me 1 year to remove ex-wife's name from loan. Bank will not allow me to assume or refinance loan, so what do I do?

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Marshal Shawn Willick
    2 lawyer answers

    The out of state lawyer is correct, but you are seeking, I think, practical steps. Optimal would be an agreement with your ex to stay out of court -- I suggest making good faith payments on the money, even if you cannot pay it all immediately, since that would prove to any reviewing court that you took your agreements seriously. And "impossibility" is a legitimate defense as to the refi/sale clause -- everyone KNOWS the state of NV real estate. You should also familiarize yourself with...

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  4. Appeal from Partial Summary Judgment

    Answered over 3 years ago.

    1. Marshal Shawn Willick
    2. Matthew T. Cecil
    3. Pamela Koslyn
    3 lawyer answers

    Probably not. You have not mentioned other parties, so presuming you are talking about a single set of plaintiff(s) and defendant(s), the re-rite of the appellate rules a few years ago no longer permits appeals of some but not all claim in a case by way of NRC 54(b). It is no longer possible for a district court to direct entry of a “final judgment” as to one or more but fewer than all of the claims in a multiple-claim case. For a further explanation, see "SELECTED TOPICS CONCERNING...

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  5. My daughter left her abusive husband and two kids to get away and now the husband is saying she abandoned them. what can she do

    Answered over 3 years ago.

    1. Marshal Shawn Willick
    2. Philip W. Mason
    2 lawyer answers

    The other attorney is entirely correct. Because the children are in CA, she must file there even though she is in Nevada. If you want to see the rules governing jurisdiction, see the article titled "The Basics of Family Law Jurisdiction," on the Published Works page of our firm web site, at http://www.willicklawgroup.com/published_works. She should immediately seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of...

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  6. Can the primary parent keep information about the kids from the other parent?

    Answered over 3 years ago.

    1. Marshal Shawn Willick
    1 lawyer answer

    Start with the precise terms of your court order -- there is pretty much standard "legal custody" language which should define your right to access information. Presuming you have joint legal custody, the parents have EQUAL rights to determine where a child attends school, and access to information. See the Rivero opinion, posted at http://www.willicklawgroup.com/child_custody_visitation. Your child support terms will define what expenses you are required to share, and you can find out by...

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  7. Penalty on probation violation

    Answered over 3 years ago.

    1. Marshal Shawn Willick
    2. Ronald S. Pichlik
    2 lawyer answers

    If you have not sought and received a temporary protective order (TPO) prohibiting it, and whatever judges have touched the criminal case have not issued a no contact order, there would not seem to be a legal prohibition -- so long as you are willing. If not, tell him no. See http://www.willicklawgroup.com/domestic_violence.

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  8. Appeal now scheduled with Orals - originally no oral.

    Answered over 3 years ago.

    1. Marshal Shawn Willick
    2. Micah S. Echols
    2 lawyer answers

    It is a bit unclear what you mean by "change its mind." Presumably, you originally received notice that the case was under submission, and THEN a notice of oral argument? Many years ago, I was a staff attorney at the Nevada Supreme Court, and such changes resulted only where, upon review, the assigned clerk/staff attorney noticed an issue of first impression, constitutional issue, etc. Oral argument in an appellate court is a very specialized task, pretty much requiring well-trained...

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  9. Divorce and Child Custody

    Answered over 4 years ago.

    1. Marshal Shawn Willick
    2. David Alexander Browde
    2 lawyer answers

    Short answer: no. A variant of your fact situation was discussed by the Nevada Supreme Court in its recent decision in Rivero. The case discussion was: ................... In calculating the time during which a party has physical custody of the child, the district court should look at the number of days during which a party provided supervision of the child, the child resided with the party, and during which the party made the day-to-day decisions regarding the child. The district court...

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  10. My husband and I want to divorce. If we agree upon a settlement between ourselves, can we hire one lawyer to represent us both?

    Answered over 4 years ago.

    1. Marshal Shawn Willick
    2. Theodore W. Robinson
    2 lawyer answers

    In Nevada, the answer to your first question is "no" and to your second question is "yes, probably." To explain, as a matter of ethics, no lawyer can "represent" both sides of a case in which the interests of the parties are adverse, no matter how closely they cooperate or how much they agree, because the very act of advising one or the other could be contrary to the interests of the other. For an explanation see the "Family Law Ethics" (http://www.willicklawgroup.com/family_law_ethics) and...

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