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John D. Jones

John Jones’s Answers

79 total


  • How do I serve an anullment in Mexico

    I married for love, but my wife was already married in Mexico, and has since returned south of the border. I am not sure exactly where she is, but I do know her last address there. How do I serve her with the annulment papers? Am I required to cro...

    John’s Answer

    Ms. Kunin is correct. A bigamous marriage is void and does not require a Decree of Annulment. If you wish to have a Decree stating that the marriage legally never occurred, then you can Google "Service of Process in Mexico" and you will find many companies that can help. It is often costly due to requirements that the US papers be translated. Good Luck.

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  • Who do I do now?

    My wife left with my 17 month old son like left the state of nevada back to Chicago Illinois. I have already filed for divorce a month ago so she couldn't leave the state without my consent. But she did anyways? What do I do?

    John’s Answer

    One thing you can't do, is wait. Assuming your complaint for divorce sought a determination of custody Nevada will have jurisdiction to decide custody issues. The longer you allow her to be there without seeking the immediate return of the child, the better chance she has of winning a relocation case. You must file your motion immediately.

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  • Is sending child support via western union an option for court ordered support?

    The other parent has sent child support through western union without asking me if this method is okay. I made sure they had the address to send a physical check in the mail. I'm not happy with having to jump through hoops just to get what is owed...

    John’s Answer

    Unless you are unable to leave your home, I think WU is a better form of payment. A check can always bounce and often times could have a hold on it depending upon how much money is in your account at the time. With WU, the other parent has already paid the money so it is instant cash when you receive it. At least with WU, you know the money is there instantly. The same is not true for a check.

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  • Ncp lives 5 hours away. Travels with 2yr old every other weekend. I think it's too much travel for a child so young. Whtcanido?

    Visits out of state started in July last year. I don't feel like the long hours in the car is in our kids best intrest. Can I have visitation modified to where visits take place in reno? And if not is there a better alternative of visitation so ou...

    John’s Answer

    • Selected as best answer

    Since you would not be asking the Court to change custody, a change of circumstances is not needed. You just need to show how the current schedule is not in the child's best interest any longer. One option is to offer the NCP three day weekends and reduce the number of trips to 1 time per month. In reality, since the child is not yet school age, you could change it to one time per month for 4-6 consecutive days. As long as your proposal to the Court does not reduce the time share of the NCP, it should be well received and likely would be adopted as the new order.

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  • Can my girlfriends parents sue my parents if she gets seriously hurt in while living with us?

    She is 18 and I am 20. She plans to move in without consent of her parents but my parents are afraid that if she gets seriously injured that her parents can sue them.

    John’s Answer

    You are both legal adults. As such, there is no cause of action that I can think of that would allow her parents to sue your parents for anything that occurred during your adult relationship.

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  • Do I have to serve the other party all the evidence I'm using against him before settlement conference?

    I have a ton evidence I'm going to present the judge, since the burden of proof is on me. This is a family court child custody hearing we'll be attending. Do I have to serve the plaintiff with every piece of evidence I'm going to use? Or do I make...

    John’s Answer

    It all depends upon what you mean by hearing. And it depends on when the settlement conference is in proximity to the evidentiary hearing. NRCP 16.2 gives deadlines for when documents you intend to use at trial need to be produced. Most judges will exclude documents from evidence and consideration if they were not previously produced. Prior to a settlement conference, which is an informal attempt to settle the matter there is no real requirement to "play your hand", but you need to reveal the evidence you intend to give to the judge deciding your case pursuant to the Rules and certainly well in advance of the trial.

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  • Is the nullification of our prenuptial contract legal?

    Happily married 33 years - forgot about prenup done at that time in San Diego. In estate planning, we wrote up our own nullification and had it officially witnessed and notarized in 2013. Is this sufficient and legal? All our assets are held t...

    John’s Answer

    The prenuptial agreement itself likely defines the ways in which the agreement can be voided. If not the "nullification" document would certainly need to have been executed with the same formality as the agreement (i.e. notarization). If you did the nullification as part of your estate plan then the prenup is likely dead. Also, if everything is titled jointly, it is likely that the prenup would consider any such transactions as controlling of the character of the property. Conrats on 33 years.

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  • Can my ex receive alimony after the divorce is final. retirement

    i obtained a divorce in NV and my ex waived her right to alimony but now shes threating to sue for it now. can she do that? second in our divorce it says that we divided the assets out side of court.. i did not add a annuity that i have now she is...

    John’s Answer

    • Selected as best answer

    How long ago was the Decree entered. Your wife has 6 months from the date of the Notice of Entry of Decree to file a motion under NRCP 60b to set aside the decree. On the alimony issue, make sure a notice of entry was filed and served to ensure that the six months has be elapsing. If it is past the 6 months, then on the alimony, you are in the clear. On your annuity, if it is not specified in the decree as being awarded to either of you, and it was aquired during the marriage, the Court retains juridiction over it indefinitely. SO she could file a motion to apportion omitted assets as it pertains to the Annuity. Good Luck

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  • Nevada, I want joint custody but work 9 hour shifts wed-sun 11am-8pm. Will that hurt me

    She is the bread winner and works a normal work week. Will I have to pay her child support if she has primary custody?

    John’s Answer

    The Court will try to maximize each parent's non-working time with the children. Your schedule would allow you to have the children from 8PM Sunday until after school on Wednesday. In the eyes of many judges, this is not a full 3 days. If she is off Sat and Sun, and works 9-5 M-F, then she cannot complain about you having your child(ren) with a third party care giver from after school until 8 PM wednesday, but alot depends on the judge. There is a preference with most judges for joint, but your facts make it a difficult call.

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  • Hello to everyone. May I know if I need to pay for Child Support even I am not working. and how much will I pay if so?

    The child is 12 Years old.

    John’s Answer

    The Nevada statutory minimum is $100.00 per month per child. Therefore, if you truly have no income and can prove it, you still need to pay the $100.00 per month per child in order to ensure that the Court does not find you in contempt. You also must file a motion to modify your obligation immediately because the Court cannot retroactively modify your obligation. The modification, if granted, will most likely be effective the date you file the motion.

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