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FamilyAttorney
FamilyAttorney, Lawyer
Category: Legal
Satisfied Customers: 1426
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I am looking to file divorce papers and was curious if there

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Hi, I am looking to file divorce papers and was curious if there is a good online resource to draft them myself with a high success rate of them being accepted by a judge.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Nevada there are no kids involved and only one property owned jointly, otherwise no other shared debts
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: The loan on the house in joint, but I put down all of the money on it, so in the sale I would like to receive my down payment back before splitting the equity

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

There are some sites like Rocket Lawyer and LegalZoom that will do the papers for you, although with Rocket Lawyer you can do them yourself with assistance from the site.

However, before you do that, there are forms that your state provides for free. That's the best chance of having them accepted.

Your state has forms for divorce here: http://nvcourts.gov/AOC/Templates/documents.aspx?folderID=10942

If you have any questions about the forms, you can call the court clerk, who is usually quite helpful in these situations. There are forms specifically for couples without children.

You can check out the link and see that these are free forms and this will give you the best chance of having them accepted by the court.

Does this answer your question or would you like more information?

Customer: replied 3 months ago.
Very helpful, thank you.

Thanks! Thank you for letting me help you today!

Please let me know if there’s anything else I can help you with. I’m happy to do so! I’m here most of the time so you can always come back and talk to me (no extra charge) after I’m rated. If I’m not here, I will get an email if you leave me a question.

Please accept my answer, rate my answer as one of the top three faces/stars (5, 4 or 3 stars, 5 stars would be much appreciated!) AT THE TOP OF THE PAGE and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find lawyers. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. I have given you the benefit of my legal knowledge and 37 years of experience as well as my time.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated, free of charge.

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you! I'd rather be given the chance to add more information than be rated negatively, so I thank you for that.

Best of luck to you!

Customer: replied 3 months ago.
In addition, as I have the majority, by far, in equity in the home, do I have any rights to insist that I get to live in the house?

You can always ask, yes. If you don't ask, you don't get.

Nevada is a community property state. That means that property is split down the middle, so if you take something of X value, your soon to be ex needs to get something of equal value. You may have to buy him out or the court can figure out other exchanges, such as other property or cars or mobile homes, etc. that will equal his share. But yes, by all means, please ask for "exclusive use and occupancy" of the house.

Customer: replied 3 months ago.
does that mean that post sale he is entitled to half the equity in the house even thought I put all of the money down and he didn't put any down?
Customer: replied 3 months ago.
In addition, if I wanted to have a lawyer file the paperwork for me, does this site offer that service or do I need to contact a lawyer in my area?

No not necessarily. Was this earned with income that was obtained during the marriage? If so, it is community property, but you may have more rights to it than your spouse does.

Here is what is community property: Any real or personal property acquired with income earned during the marriage. This includes vehicles, homes, furniture, appliances and luxury items.

This community property is usually split down the middle. If you bought that after you were married, with income from the marriage, it's still community property, so you would have to argue that you used all of your money to pay for the house.

Also, some of us can file the paperwork for you. You would want to get a NV attorney for that if possible, but many of us can do that too. It's a separate fee for doing paperwork, or you can post the question and ask for a NV attorney to help you with the paperwork. Sometimes it's an extra fee, or sometimes it's just a higher fee for the question.

There may be NV attorneys here -- I'm not sure if there are, but there could be. There are many of us from different states. We all answer questions from other states but some of us do paperwork. I'm one of them, but I also have two appeals going right now so I can't take on additional projects. That being said, this would need a new post anyway, but you may be able to find someone here to do it.

Thanks in advance for rating me. Much appreciated!

FamilyAttorney and 9 other Legal Specialists are ready to help you

Thanks so much! Much appreciated. Best of luck to you!