REOUEST

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I CODE: 3860
JOH P. SPRINGGATE, ESQ.
2 Nevada Bar #1350
203 South Arlington Avenue
3 Reno, N 89501
Telephone: 775.323.8881
4 Attorney for Plaintif
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6 IN THE FAMILY DIVISION
7 I THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
8 IN AND FOR THE COUNTY OF WASHOE
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CASE NO.: DV08-01168
DEPT. NO.: 14
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FOR SUBMISSION
16 I is hereby requested that the Findings of Fact, Conclusions of Law, and Decree of Divorce
being fled concurrently herewith be submitted to the Court for decision. Additionally, counsel
18 for Defendant has reviewed the decree and approved it as conforming with the Court's Order.
19 DATED this 1 day of May, 2009.
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ATE, ESQ.
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REOUEST SUBMISSION,
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CERTIFICATE OF SERVICE
2 Pursuant to NRCP 5(b), I hereby celiifthat I am an employee ofTHE LAW OFFICES OF
3 JOHN SPRING GATE, and that on this date I personally served at Reno, Nevada, a true copy of
4 the within FOR fully addressed to:
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Marc Ashley, Esq.
Washoe Legal Services
299 S. Arlington Avenue
Reno, NV 89501
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X for mailing by first class mail, postage prepaid
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by personal delivelY
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by telephonic facsimile
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by Federal Express or other overnight delivery
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by placing a true copy thereof for collection and delivery by Reno/Carson
Messenger Service on this date.
13 AFIRMATION PURSUANT TO NRS 239B.030
14 The undersigned does hereby affirm that the preceding document does not contain the
social security number of any person.
16 Dated this of May, 2009.
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FACT,
LAW,
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CODE: 1745
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JOHN P. SPRINGGATE, ESQ.
Nevada Bar #1350
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203 South Arlington Avenue
Reno, NV 89501
Telephone: 775.323.8881
Attorey for Plaintif
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IN THE FAMILY DIVISION
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I THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
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IN AND FOR THE COUNTY OF WASHOE
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9 ASHWIN JOSHI,
10 Plaintif, CASE NO.: DV08-01168
11 vs.
DEPT. NO.: 14
12 BHARTI JOSHI,
13 Defendant.
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FINDINGS OF
CONCLUSIONS OF
16 AND DECREE OF DIVORCE
17 The above-entitled matter came on for trial before this COUli on March 11, 2009 and
18 March 12, 2009. ASHWIN JOSHI, Plaintiff, was present and represented by his counsel, JOHN
P. SPRINGGATE, ESQ. BHARTI JOSHI, Defendant, was present and represented by her
20 counsel, ZACH COUGHLIN, ESQ. The Court issued its Order Afer Trial which was filed on
21 April 13, 2009.
22 FINDINGS OF FACT
23 I. Plaintiff is a resident of the State of Nevada, and for a period of more than six (6)
weeks before commencement of this action has resided and been physically present and domiciled
in the State of Nevada.
26 2. Defendant is a resident of the State of Nevada, and for a period of more than six
27 (6) weeks before commencement of this action has resided and been physically present and
28 domiciled in the State of Nevada.
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12 JRISDICTION.
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3.
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Plaintif and Defendant were married on May 11, 1987 in Bombay, India, and ever
4. There are two children of this maniage, both of whom are now adults.
since that date have been, and now are, Husband and Wife.
Defendant is not pregnant at this time.
6. Plaintif and Defendant have become, and continue to be, incompatible in
marriage, and no reconciliation is possible.
7. The current address of Plaintiff is 1644 Fieldcrest Drive, Sparks, N 89434.
8. The current address of Defendant is 260 Booth Street, Apt. Q, Reno, NV 89509.
9. The Court adopts, as Findings of Fact, each and every Conclusion of Law below,
which by this reference are expressly incorporated herein.
CONCLUSIONS OF LAW
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the subject matter herein.
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grounds of incompatibility.
3.
This COUli has jurisdiction of Plaintif and Defendant, and of
GROUNDS. Plaintiff is entitled to a Decree of Divorce from Defendant on the
CHILD SUPPORT/ADULT CHILDREN'S EDUCATION. Mr Joshi will not be
held responsible for the continuing education of the adult children of this marriage.
COMMUNITY PROPERTY/DEBT.
Women's Wealth: The "women's wealth" at issue herein is the sole and separate A)
propert of the Defendant. Plaintiff is to contact any and all relatives who may
have this propeliy and immediately ask them to retur said property to the
Defendant as soon as possible.
B) Mr. Joshi's Vehicle: The 2005 Chevrolet Blazer shall be considered as Plaintifs
sole and separate propeliy and Plaintiff shall be responsible for the debt remaining
thereon. Since the car is wOlih about $10,910.00 and there is $15,009.75 due and
owing on the vehicle, M. Joshi's assumption of this asset is to be considered as
an undertaking of community debt of approximately $4, I00.00.
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Daughter's
Communt
Computer:
Buy
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K)
C) Ms. Joshi's Vehicle: Ms. Joshi's car shall be considered as her sole and separate
property and she shall be responsible for any debt remaining thereon. Since no
evidence was presented to the COUlt as to the value of the auto, either positive or
negative, there is no value for this community asset.
D) Son's Vehicle: This vehicle is not considered as an asset and will not be divided
among the community.
E) Vehicle: This vehicle is not considered as an asset and will not be
divided among the community.
F) London Bank Account: There is no factual basis to support that this account exists
and therefore it is not being considered a community asset.
G) Bank Accounts: There is no factual basis to SUppOlt that community
bank accounts exist and therefore the same is not being considered a community
asset.
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The computer which was purchased at Best Buy is awarded to Mr
Joshi.
Television: Ms. Joshi is awarded the television which was purchased at Best Buy.
Said television is currently in Ms. Joshi's possession and shall be deemed her sole
and separate propert.
J) General Credit Card Debt: There is general debt of approximately $15,650.00
which has been expended for community purposes. Mr. Joshi has agreed to be
responsible for this debt and the same shall be considered as his sole and separate
responsibility.
Best Credit Card Debt: There is an approximately balance of $1,314.00
outstanding for the purchase of the television and computer. Mr. Joshi has agreed
to be responsible for this debt and the same shall be considered as his sole and
separate responsibility.
III
III
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Family
Communit
Wolfv. Wolf,
5.
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L) Medical Debt: There is a debt due to St. Mmy's Hospital for $6,735.00 and a debt
due to REMSA for $500.00. Mr. Joshi has agreed to be responsible for these debts
and the same shall be considered as his sole and separate responsibility.
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Debt: There is a debt due to Ashik Nanaby and a $5,000.00 debt due to
Rod and Meena Fowler. M. Joshi has agreed to be responsible for these debts and
the same shall be considered as his sole and separate responsibility.
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General Debt: There was no evidence to establish community debt.
Mr. Joshi has agreed to take the remaining community debt in his name that is
outstanding and the debt shall be his sole and separate responsibility. I should be
noted that M. Joshi has likely incurred an unequal distribution of the community
debt of the parties and the Court finds his testimony to be a compelling reason for
making an unequal distribution of the community debt.
SPOUSAL SUPPORT: The COU1t has found that M. Joshi is 51 and Ms. Joshi is
46 and the pmties ear roughly equivalent amounts and that, afer consideration of net income,
deduction of taxes, including the amount paid on paying of community debt, as set fOlth above,
and in light of the fact the parties ha ve been married for twenty-one (21) years and Ms. Joshi has
always been employed during that time, inclusive of the fact that she obtained a college degree
prior to marriage, both parties being healthy and able to work, the Court does not believe that Ms.
112 Nev. Joshi is entitled to an award of alimony, pursuant to NRS 125.15(1)(A),
1355, 929 P.2d 196 (1996), and Shydler v. Shydler, 194 Nev. 192, 196,954 P.2d 37,39 (1988).
6. ATTORNEY'S FEES: The Court has the discretion to award attorey's fees in a
divorce action, pursuant to NRS 125.150(3), and Love v. Love, 114 Nev. 572, 959 P.2d 523
(1998). There is fther authority for fees pursuant to NRS 18.01 0(2)(B), and NRS 7.085. Based
on the above and foregoing, former counsel for the Defendant is ordered to pay attorney's fees in
the amount of $934.00 within thirty (30) days of this Order and Decree.
JDGMENT AND DECREE OF DIVORCE
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJDGED, AND DECREED
that:
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1 1. Plaintif, ASHWIN JOSHI be, and he is, finally and absolutely divorced fom
2 Defendant, BHARTI JOSHI, and that the bonds of matrimony heretofore existing between
3 Plaintif, ASHWIN JOSHI, and Defendant, BHARTI JOSHI, be, and they hereby are, dissolved,
4 and the paliies hereto are restored to the status of single and unmalTied persons.
2. The Defendant's name shall be restored to that ofBHARTI R. DAVE.
6 3. The matter, as set forth in the preceding Findings of Fact, Conclusions of Law, and
7 Decree of Divorce, is hereby ratifed, adopted, and approved, and the paliies are ordered to comply
8 with the terms of such.
9 IT IS SO ORDERED.
DATED this day of 2009. .
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13 DISTRICT COURT JUDGE
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