CALIFORNIA STRIKES DOWN BAN AGAINST SAME SEX MARRIAGE

CNN is reporting that the California Supreme Court has struck down the State's ban against same-sex marriage. In a lengthy decision, the Court held that equal protection guarantees extend to gay and lesbian couples who wish to exercise the fundamental right of marriage. Given that the opinion is based on the State Constitution, no appeal to the U.S. Supreme Court may be attempted.

Click here to read the CNN article.

RESIDENCY REQUIREMENTS FOR NEVADA DIVORCE

Nevada law allows one to file for divorce after having lived in the same Nevada county for six weeks. This is one of the most liberal residency requirements for divorce in the United States. To file for a Nevada divorce you will need someone willing to complete an “Affidavit Of Resident Witness.” This affidavit is the means by which the Court verifies that one of the parties has indeed been continuously residing in one Nevada county for the six week period.

If neither party resides in Nevada, they may not file for a Nevada divorce unless this is the last place the spouses co-habitated. It is not uncommon for persons to believe they can file for a Las Vegas divorce simply because they were married here. This is not correct; to file for divorce you must satisfy the aforementioned requirements.

Click here for more information regarding Nevada uncontested divorce. Click here for more information regarding Nevada contested divorce.

NEVADA APPEALS

An appeal is the process by which a higher court is asked to review, and possibly reverse, a lower court's decision. All Nevada appeals are heard by the Nevada Supreme Court. Our Supreme Court can either uphold the District Court's decision, can send the case back for a new trial, and can also reverse and enter judgment for the appellant.

A Nevada appeal is commenced by filing a "notice of appeal." The notice of appeal must be filed within thirty days of the time the final judgment is entered in a criminal case or within thirty days of the time that notice of judgment is given in a civil case (which includes family matters).

To learn more about criminal appeals click here. To learn more about civil and family appeals click here.

PAYING FOR YOUR LAS VEGAS DIVORCE

Nevada divorce law is set up so that parties in divorce cases will have equal access to legal representation. The law allows for a party, who makes significantly less than his or her spouse, to request an award of attorney's fees while the case is still pending. The Court, when there is a substantial income difference, will often order the spouse with the greater income to assist the other spouse with his or her attorney's fees.

Click here for more information regarding Nevada's contested divorce process.

GIBBONS DIVORCE TURNING NASTY

A recent Washington Post article makes look as if Governor Gibbons' pending divorce is getting ugly. The Governor's attorneys have won a Motion to seal the case while the First Lady wants the case open to the public. Also, the First Lady has apparently told a local Review Journal reporter that "her husband won't speak to her and that she doesn't know why he's divorcing her."

Given the Governor's other recent controversy, as well as criticisms over his handling of the state budget, the current media fiasco is not likely to help his political fortunes.

Click here to read the Washington Post article.

NEVADA GOVERNOR FILES FOR DIVORCE

The Associated Press is reporting that Nevada Governor Jim Gibbons has filed for divorce from the State's First Lady. The Governor and First Lady recently separated. Interestingly, Governor Gibbons, rather than his wife, has moved out of the Governor's mansion. Gibbons is reportedly living in the couple's Reno home. Given that the state supported Governor's mansion is the place in which the Governor is to keep his office, it seems odd that Gibbons, rather than his spouse, is the party who has moved out.

Click here to read the AP article.

UNCONTESTED DIVORCES

A Nevada divorce can be obtained relatively quickly if the parties agree on all issues. An uncontested divorce involves filing a document known as a Joint Petition For Divorce. The Joint Petition is the document in which the parties lay out the terms of divorce that they have agreed upon (including all financial and child custody issues). A Decree of Divorce can be submitted to the Judge for signature once the Joint Petition has been filed. To file a Joint Petition, one of the parties will need to have resided in Nevada for at least six weeks. If the parties are in disagreement on any issues than the process must go through a contested divorce.