John D. Jones’s Answers

John D. Jones

Las Vegas Family Law Attorney.

Contributor Level 10
  1. If a couple is married in Las Vegas, NV, and the husband gets an inheritance, does he have to share it with his wife?

    Answered almost 2 years ago.

    1. Koren N. Boyd
    2. John D. Jones
    3. F. Peter James
    4. Howard Robert Roitman
    4 lawyer answers

    Any property received by either spouse, during the marriage, from inheritence or gift is the separate property of the receiving spouse. In your scenario, husband needs to be sure not to commingle the inheritence with any community property. Any time separate property monies are deposited into a joint account, it gives rise to a claim of gift, or at the very least, an accounting nightmare. He should simply place the money into an account solely in his name. If he gives it to his mistress,...

    2 lawyers agreed with this answer

  2. Can i move out of state with son my legally with out parental kidnapping charges

    Answered almost 2 years ago.

    1. John D. Jones
    2. Jill K. Whitbeck
    3. Israel Lynda Kunin
    4. Keith Pickard
    4 lawyer answers

    This is an interesting question. Usually the answer would be that you are, as the birth mother, presumed to be the primary custiodial parent and therefore, until such time as a custody/paternity order is entered, under NRS 126.031, you could move about freely without worry. The way the paternity statute NRS 126.053 is drafted, as it pertains to an affidavit of paternity at the time of birth, you are each bestowed with equal status as if a judgment determining paternity exists. The nuance is...

    2 lawyers agreed with this answer

  3. Can you get an annulment after 2 months if your spouse is pregnant with another man child?

    Answered almost 2 years ago.

    1. John D. Jones
    2. Israel Lynda Kunin
    3. Jill K. Whitbeck
    3 lawyer answers

    Assuming that your wife will not agree that there was a mutual "want of understanding", and cooperate with the annulment, you will be required, in your annulment action, to prove fraud. Based upon the facts provided, fraud should not be to hard to prove, but you will be required to prove fraud in an evidentiary hearing. Once you have presented your evidence at trial, the Court, provided you have met your burden of proof, will declare your marriage null and void as if it never occurred....

    2 lawyers agreed with this answer

  4. I ve just received a letter from the County Clerk's office indicated that my exhibits in the divorce file will be destroyed.

    Answered almost 2 years ago.

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

    This is standard practice. Usually it means your case has been resolved for quite some time and certainly after the appeal deadlines or the deadlines under NRCP 60(b). The one thing you should ask for is the clerks chart of exhibits that were offered and admitted so that if there is ever a question in the future, you know the basis for the Court's decision.

    2 lawyers agreed with this answer

  5. Is a step-parents salary included in calculating child support in the State of Nevada?

    Answered almost 2 years ago.

    1. Koren N. Boyd
    2. John D. Jones
    3. Israel Lynda Kunin
    3 lawyer answers

    As a rule, your wife's income is irrelevant for the basic joint custody calculation of 25% of the gross of the higher earning parent minus 25% of the lower earning spouse. The only time the Court even consider's a new spouses income (and by consider I do not mean adding it to yours to calculate support) is if either parent (but typically the payor) seeks to have child support set in a manner which deviates from the formula pursuant to NRS 125B.080(9). Such deviations are rare and must be...

    1 lawyer agreed with this answer

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  6. Is the nullification of our prenuptial contract legal?

    Answered 7 months ago.

    1. Tracy M. Rau
    2. Israel Lynda Kunin
    3. John D. Jones
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered 11 months ago.

    1. Keith Pickard
    2. Tracy M. Rau
    3. John D. Jones
    4. Sara Marie Grant Rojas
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

  8. Can my husband keep me from leaving the state with our child?

    Answered over 1 year ago.

    1. Israel Lynda Kunin
    2. John D. Jones
    3. Jill K. Whitbeck
    4. Alan James Brinkmeier
    4 lawyer answers

    If it is your intention to leave the state with your child permanently, then you would need either the father's written permission or a court order. If what you say is true, the evidence would support a finding that you should have primary custody. Then you would need to show that you have a good faith reason to move (job, family, etc) and that there is reasonable visitation available for father. One issue is the age of the child. Courts are reluctant to allow a relocation before the child...

    1 lawyer agreed with this answer

  9. A subpoena was left at my door but i did not signed it nor i did not saw the person who left it. Will i get into trouble

    Answered over 1 year ago.

    1. John D. Jones
    2. Alan James Brinkmeier
    2 lawyer answers

    Under the Rules, you need to be personally served. Assuming that he/she did not try to serve you and you shut the door in his/her face, they do not have proper service. You should have nothing to worry about.

    1 lawyer agreed with this answer

  10. How do I get a copy of my adoption from when I was a child?

    Answered over 1 year ago.

    1. Jill K. Whitbeck
    2. John D. Jones
    3. Israel Lynda Kunin
    3 lawyer answers

    Generally, you can get a copy of the Decree of Adoption from the clerk of the Family Court. I would start there. With the Decree of Adoption, you can get all of your documents changed. I am not sure by your facts as to how long ago this occurred, but the Court CLerk should be able to track it down.

    1 lawyer agreed with this answer