This is the next post in my series on how Nevada’s community property laws impact Las Vegas divorce cases. My last article discussed how the division of marital property can impact spousal support. It is important to understand that the more property which one receives at the end of a marriage, then the more likely they are to have to pay alimony. How the Court will rule in any given situation, however, is dependent on the facts of the case. It is best to discuss your matter with an experienced attorney as soon as possible. In this article I will discuss a topic which is important to protecting your rights – the time which one has to enforce the property provisions of their divorce decree. If you require assistance then contact my office today to speak with a lawyer.
When your case is completed, the Clark County Family Court will enter a Decree of Divorce. This is the final Order of the Court and the Decree will include provisions which state how property and assets are to be divided. The Decree may include provisions for the quit claiming of land, the payment of money, the refinancing of debt, etc. If a party fails to honor the obligations placed upon them, by the Decree, then it is possible to go back to Court and have the offending party held in contempt. The penalties for contempt can include incarceration, having to pay the other side’s legal fees, and more.
Many parties do not realize that they only have a limited amount of time in which they may seek to enforce the provisions of a Divorce Decree. In Davidson v. Davidson, the Nevada Supreme Court held that any requests to force compliance with a Divorce Decree must be filed within six years of the day the Decree was entered. If a party waits beyond this six year time frame, to enforce their rights, then they will lose the ability to do so. This is best explained through example. Say Party “A” agrees to transfer property to Party “B” in the Divorce Decree. Now say that the transfer never occurs and B waits more than six years to file an action with the Court. Under this scenario, B would be barred from seeking enforcement of the Order and would have essentially forfeited their rights. While it may seem odd that someone would wait six years or more to enforce their rights, these types of situations do arise more than one may think.
If you have been awarded assets as part of a community property division, then it is important that you take immediate action to ensure that the Divorce Decree is followed. The longer you wait to seek enforcement, then the closer you get to the end of the statute of limitations. As a Las Vegas divorce lawyer, I regularly handle such matters. Contact my office today to speak with an attorney.