John D. Jones’s Answers

John D. Jones

Las Vegas Family Law Attorney.

Contributor Level 10
  1. How do I serve an inmate divorce papers?

    Answered almost 2 years ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    3. Atousa Saei
    4. Daniel Seth Williams
    4 lawyer answers

    It is actually really easy. The process server merely needs to go to the prison or jail and serve as they ordinarily would. They just need to notify the person at the desk that they are serving legal papers, and they will either sign for it or get the designated person to come and get them on behalf of the inmate.

    6 lawyers agreed with this answer

  2. Where can i find cases relevant to Protective order for discovery in family law in Nevada?

    Answered about 1 year ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    3. Keith Pickard
    3 lawyer answers

    http://www.trucounsel.com/index.php/v-depositions-and-discovery/rule-26-general-provisions-governing-discovery#text will give you the basic rules of dicovery. Then you could try googling NRCP 26 and protective order to see if any cases pop up. Discovery issues are seldom the subject of Nevada Supreme Court Opinions. You could also look throught the Discovery Commissioner Opionions found on the Nevada Bar Website. http://www.nvbar.org/content/southern-nevada-discovery-commissioners-opinions...

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  3. In Nevada I only have 10 days to file a response, to object the master recommendations.. Do I count the weekends or only weekday

    Answered over 1 year ago.

    1. John D. Jones
    2. Kari T. Molnar
    3. F. Peter James
    4. Howard Robert Roitman
    4 lawyer answers

    Under the NRCP any time deadline under 11 days is counted by only judicial days

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  4. Currently have primary physical custody of the child in Las Vegas and want to relocate out of state.

    Answered almost 2 years ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    3. F. Peter James
    3 lawyer answers

    Because you have primary custody, you must show that you have a sensible good faith reason to move and that there is "reasonable alternative visitation available. A sensible good faith reason is a new job, availablitiy of family support, a new spouse or anything else that would provide you and the child a benefit over Clark County. Reasonable alternative visitation depends on what his current visitation is. Usually the child will spend 8-10 weeks in the summer here, each Spring Break and...

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

    Answered 11 months ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    3. Israel Lynda Kunin
    4. Dean George Tsourakis
    4 lawyer answers

    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...

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  6. Divorce Trial last week, motion to compel discovery denied. Better to petition or re try case to get new judge?

    Answered about 1 year ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    3. Boris A. Avramski
    4. Alan James Brinkmeier
    5. Matthew Thomas Majeski
    5 lawyer answers

    You are stuck with your judge. It is possible that a motion for a new trial could be successful if you have new evidence. This needs to be filed within 10 days of the notice of entry of the order. Otherwise you have 6 months to move to set it aside the decree based upon fraud. You did not say what his income is so it is impossible to know how offensive 500.00 per month is. Alimony is always modifiable.

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  7. If a man in Las Vegas gets money from a bankbook that was left in trust for him, does he have to share it with his wife?

    Answered over 1 year ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    3. Eric Jerome Gold
    3 lawyer answers

    If he inherited it, or if it was a gift to him, then it is his to do with it as he pleases. He could set it on fire if he chooses and there is no legal basis upon which you could object. If he transfers the money into a joint account, you may have a claim that he gifted 50% to you, but otherwise it is his to dispose of as he sees fit. If you have children and were getting a divorce, the Court could invade those funds for the payment of either child support or alimony (with child support...

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  8. Can I not be allowed to see my kid even though I am legally paying child support every month? I did move to another state.

    Answered over 1 year ago.

    1. John D. Jones
    1 lawyer answer

    Custody/Visitation are completely separate issues from Child Support. In fact, even if you were not paying, you have a right to your visitation. If you did not work out a interstate visitation schedule before you moved, you need to because your prior order is now meaningless. A standard schedule is a large part of the summer, spring break, 3 day weekends, 1/2 of Xmas break, and alternating Thanksgivings. You should also have the right to visit in the children's home state any time you are...

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  9. Can my ex take my kid out of school to get home schooled and not need to involve me if we share joint legal custody.

    Answered about 1 year ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    2 lawyer answers

    As a joint legal custodian, your ex is required to involve you in any decision regarding education. If you cannot reach an agreement, he would be required to petition the Court to change whatever the status quo was (i.e. to change schools or leave school for home schooling in this case). He would have to prove to the Court that home schooling is in the best interests of the child. This may be very difficult unless he has a detailed plan in place. The fact that he never raised it when you...

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  10. Do I need to change my custody order??

    Answered almost 2 years ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    3. Keith Pickard
    3 lawyer answers

    Without seeing the actual order, it is hard to tell how a Judge would react to the unilateral decision to care for your daughter yourself. I am assuming that you typically go to work at 2 p.m.? I agree with Jill that the Courts believe it is far better for the child to be cared for by a parent than any other third party. Mother is wrong for insisting on the use of a nanny when you are available. From a strategy standpoint, you should proposed a mutual modifiacation of the order to Mom and...

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