Kerrville, TX Divorce Law Firms & Lawyers

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.

You may file a pro se divorce, and provided he agrees to everything, it can be pretty straightforward.  There are places online to find forms, though I generally find that paying a little more money to an attorney to do it properly and discuss all of the legal ramifications (ins and outs) is worth it.  This saves you time, effort, and doubt.  There are many issues that forms will not cover when it comes to conservatorship of a child.

I'm not sure that I have enough information to fully answer your question, but if he filed an answer with the court, then he has to have notice of the hearing date.  If he did not file an answer, then I would suggest you just schedule a time to prove up the divorce (I do not know Harris County procedures for this) and be done with him.  His telling you on the phone that he wants to contest the divorce is immaterial if he has not filed anything with the Court.  He is in default so long as he was properly served. I would suggest getting in touch with an attorney in your area if your husband answered the lawsuit because you do not want your husband holding the rest of your life hostage - at least until he gets out of prison. Good luck.