Have been married for 6 1/2 years and have two kids.I have been a stay at home mom for the entire lenght of our marriage.We have separate accounts and the house is not in my name,however it was bought during our marriage.There was no prenup.My husband does not want a divorce ,he says we shoudl live under the same roof for the sake of the kids,but have separate lives.There has been a lot of emotional abuse during our marriage,but how can i prove it?
I do want a divorce but i don't have enough money to hire an attorney.I know also that if i fle for divorce,he will fight me for the kids(the has threaten me before) on the grounds that I am "emotional unstable" or crazy as he calls it.If I file,will he have to pay attorneys fees?Am i entitled to alimony?
Family Law Attorney
You need a consult with an attorney to get the right information. Please make sure it is an attorney who specializes in family law. In Nevada, only one party need want the divorce. It does not matter that your husband does not want one. It is a community property state, so usually it does not matter that only one name is on an asset (absent certain circumstances like a prenup, inheritance, gift, etc.) And logically, if you are the one home with the kids, and he leaves you with them to go to work, how can he argue that you are not fit? This is a threat that many try to use as intimidation, but it has no logic in most instances. Nevada does favor joint physical custody however. If you do not have access to money, the Southern Nevada Legal Aid Office can help you. But if you have family who is willing to help, it is a good time to at least do a consultation with an attorney who specializes in this area. Good luck.
Family Law Attorney
I completely agree with my colleague's answer. If you contact the Legal Aid Center of Southern Nevada, you should inquire about the "Ask a Lawyer" program. The program allows qualified individuals to speak with an attorney for 15 minutes or so for free. Obviously, this is will not be sufficient to bring your case to a close, but you may get some valuable information regarding how to begin the process.
Regarding alimony, the Nevada Revised Statutes (NRS 125.150) authorizes the court to award alimony at the end of a case. In considering whether or not to award alimony, the court will consider factors including but not limited to: financial condition of the parties, duration of the marriage, and the standard of living of each of the parties during the marriage.
The court can also make temporary orders regarding spousal support, child support and attorney's fees under NRS 125.040. Such temporary orders would provide for support while the case is pending. These types of orders are highly discretionary and the court's decision will be based on the specific facts of your case. You should speak with a qualified family law attorney.