Forney, TX Divorce Law Firms & Lawyers

You must get certified copies of the qualified domestic relations order and send that to the plans administrator. If you ask, your attorney will do it for you and probably do it right.

Yes, you will need to have your husband served with the divorce petition. If you do not know where he lives, you may want to hire a private investigator to assist you in finding an address for him. Otherwise, you will probably need an attorney to get your divorce approved by a court because they will not do it you cannot get him served with process.

As you probably know, Nevada is a "no fault" divorce state. The court is not interested, no mater how sorted [as long as your children weren't present] the affair was. Nevada also, by law, has a presumption that joint physical custody is in the best interests of the child. In order to defeat the presumption you must show that he is unfit - i.e. uses drugs, has been convicted of child or spousal abuse, or something else that is on the same seriousness level. Adultery is not enough or, in today's society, relevant to child custody. Child support is determined by statute if you have sole or primary custody, i.e. 18% of his gross monthly income for one child. If you have joint physical custody, the support is calculated by figuring out the support obligation of each parent if that parent did not have custody, the numbers are subtracted, the balance is what the parent making less money gets from the parent making more money as child support. Six years is not considered a "long term " marriage, at best, and considering his income, you could expect would be a short period of spousal support in the nature of "rehabilitative support" designed to permit you to go to school or undertake some type of education to improve your job skills so that you can support yourself. I strongly believe you do need an attorney unless you and your husband can agree to the resolution of custody, spousal support and distribution of your assets and debts.