Do I lose my interest in the martial residence if I move out?

In divorce cases, typically someone is going to move and the Court understands this; however, there may be some negative ramifications of moving out of the martial residence. There may also be some financial responsibilities to which you may or may not be obligated to pay. Each case is different, as such, it is best to talk to an attorney prior to moving.

The short answer is, if you have an interest in the marital residence, you will not lose the interest by moving out.

What resources are available if I cannot afford an attorney or choose to represent myself in my family law matter?

If you are unable to afford an attorney you may be able to qualify to free legal representation or utilize the services of the Legal Aid Center of Southern Nevada.

Legal Aid Center of Southern Nevada
www.lacsn.org
(702) 386-1070

The Legal Aid Center of Southern Nevada also provides a free consultation though Ask-A-Lawyer program every Thursday from 2:00 p.m. until 5:00 p.m. Contact the Legal Aid Center of Southern Nevada for details. Individuals who choose to represent themselves for any reason can also participate in the Ask-A-Lawyer program.

For those individuals who choose to represent themselves for any reason, they can utilize the Self Help Center at the Clark County Family Court located at 601 North Pecos Road. The Self Help Center provides forms and information on family law matters. Some of their forms are also available online.

Self Help Center
www.clarkcountycourts.us/she/
(702) 455-1500

Nevada does not have a formula to determine if you are entitled to alimony or how much alimony you will receive if you are entitled to an award. Several cases have provided factors that the Court is to look to in determining the extent of alimony if any. You should note that although there are factors for the Court to look to in making a determination, the extent of the alimony is discretionary to the Judge and each Judge varies as to their perception of the factors. Some of the factors are as follows:

1. The duration of the marriage
2. The age and health of the Parties
3. The earning capacity of the Parties
4. The financial condition of each spouse
5. The standard of living during the marriage
6. The contribution of either spouse as a homemaker
7. Education, skills, and training that each spouse obtained during the marriage
8. The income or career prior to marriage of the spouse that is to receive support
9. Each Party’s ability to support themselves
10. The marketability of each Party
11. The nature and value of the of the Party’s respective property.

Alimony is not a simple issue as there are several types of alimony (i.e. permanent, rehabilitative, lump sum). Furthermore, along with alimony comes a tax consequence. As such, to fully understand your rights and liabilities related to alimony, you should consult with a family law attorney.

Do I need to retain an attorney or can I represent myself in a family law case?

You can certainly represent yourself in your family law case; however, you must weigh the negatives and the benefits to representing yourself. Obviously, it is less costly to represent yourself and in some cases, proper person litigants may not experience any problems especially in non-litigated cases. There are also negatives to representing yourself. There are complexities to family law cases that proper person litigants may not be aware. Furthermore, in Court, proper person litigants are held to the same standard as a family law practitioner. A judge is not permitted to assist you with your case or provide you with legal advice. Once in the courtroom, you are on your own.

There are problems that many people face in the courtroom when representing themselves. I have observed many litigants in Court representing themselves and they frequently make the same mistakes. If you do choose to represent yourself in Court, do not interrupt the judge, make sure to filter what you say so as not to offend the Court, think through your argument prior to entering the courtroom, do not argue with the Court or the opposing counsel/litigant, speak only to the Court not the other party and STAY CALM.

I never recommend signing any documents or representing yourself in proper person without at least consulting with an attorney to become more knowledgeable as to your rights.