If you were awarded property or money in a family court, you should know there is a time limit to enforce the judgment or decree. Last fall the Nevada Supreme Court ruled in Davidson v. Davidson, 132 Nev. Adv. Op. 71 (2016), that a court cannot enforce a judgement, including an obligation arising from a decree of divorce, if more than six years pass from the creation of the obligation. This means if you wait more than six years to go to court to force payment on a judgment, the trial court will not have the power to enforce the award against the other party.
In order for a marriage to be annulled, the marriage must be void or voidable. A void marriage never had legal effect. A voidable marriage exists but can be undone with decree of annulment. The legal effect of a decree of annulment is that the marriage is void.
While a divorce in Nevada is based on incompatibility, or separation for over one year or insanity existing for two years prior to the commencement of the action, the legal grounds for annulment are narrower and are based on the idea that a marriage is a contract. Like a contract, a marriage can be void depending on the facts. If the facts of the case do not fit within the annulment grounds, the parties should seek divorce and not annulment.
What is alimony?
In an action for divorce or for legal separation, the court, in addition to dividing community property and community debts, can order payments to be made from one party to the other for the support and education. These payments are alimony. Alimony can be paid in a lump sum or, more commonly, in periodic payments.
There is no formula regarding the computation of alimony.
Nevada law states that an alimony award has to be “just and equitable.” The words “just and equitable” signify that a judge has discretion in determining the amount and duration. This discretion makes it difficult to predict what is “just and equitable” in the eyes of the particular judge the case was assigned to. Knowledge of the judge’s previous awards of alimony and knowledge of the facts of the case are essential in estimating what the alimony award, if any, will be.