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CODE: 1745
JOHN P. SPRINGGATE,ESQ.
NevadaBar#1350
203 SouthArlingtonAvenue
Reno, NV 89501
Telephone: 775.323.8881
Attorneyfor Plaintiff
INTHEFAMILYDIVISION
IN THESECONDJUDICIALDISTRICTCOURTOFTHESTATEOFNEVADA
INAND FORTHECOUNTYOFWASHOE
*****
ASHWINJOSHI,
Plaintiff, CASENO.: DV08-01168
vs. DEPT.NO.: 14
BHARTIJOSHI,
Defendant.
____________----'1
FINDINGSOFFACT,
CONCLUSIONSOFLAW,
AND DECREEOFDIVORCE
The above-entitled mattercame on for trial before this Court on March 11, 2009 and
March 12,2009. ASHWINJOSHI,Plaintiff,waspresentandrepresentedbyhiscounsel,JOHN
P. SPRINGGATE, ESQ. BHARTI JOSHI, Defendant, was present and represented by her
counsel, ZACHCOUGHLIN, ESQ. The Courtissuedits OrderAfterTrial whichwas filed on
April 13,2009.
FINDINGSOFFACT
1. Plaintiff is a residentof the Stateof Nevada, and for a periodof more than six (6)
weeksbeforecommencementofthisactionhasresidedandbeenphysicallypresentanddomiciled
inthe StateofNevada.
2. Defendantisaresidentofthe State ofNevada,and foraperiodof more thansix
(6) weeks before commencement ofthis action has resided and been physically present and
domiciledinthe Stateof Nevada.
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15 FACT,
LAW,
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F I L E D
Electronically
06-19-2009:09:57:23 AM
Howard W. Conyers
CODE: 1745
Clerk of the Court
JOHN P. SPRINGGATE, ESQ.
Transaction # 846216
Nevada Bar #1350
203 South Arlington Avenue
Reno,N 89501
Telephone: 775.323.8881
Attorey for Plaintiff
IN THE F AMIL Y DIVISION
IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF WASHOE
*****
ASHWIN JOSHI,
Plaintiff, CASE NO.: DV08-01168
11 vs. DEPT. NO.: 14
12 BHARTIJOSHI,
13 Defendant.
14
FINDINGS OF
CONCLUSIONS OF
16 AND DECREE OF DIVORCE
17 The above-entitled matter came on for trial before this Court 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
counsel, ZACH COUGHLIN, ESQ. The Court issued its Order Afer Trial which was fled on
21 April 13, 2009.
22 FINDINGS OF FACT
23 1. Plaintiff is a resident of the State of Nevada, and for a period of more than six (6)
24 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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3. Plaintiffand Defendant were married on May 11, 1987 in Bombay, India, and ever
sincethatdate have been, andnoware, Husbandand Wife.
4. There aretwo childrenofthismarriage,bothofwhomare now adults.
5. Defendantisnotpregnantatthis time.
6. Plaintiff and Defendant have become, and continue to be, incompatible in
marriage,and noreconciliationispossible.
7. The currentaddressofPlaintiffis 1644FieldcrestDrive, Sparks,NV 89434.
8. The currentaddressof Defendantis260BoothStreet, Apt. Q, Reno, NV 89509.
9. The Courtadopts,asFindingsof Fact, each and everyConclusionof Lawbelow,
whichbythis referenceareexpresslyincorporatedherein.
CONCLUSIONSOFLAW
1. JURISDICTION. This CourthasjurisdictionofPlaintiffand Defendant,and of
the subjectmatterherein.
2. GROUNDS. Plaintiffis entitledto aDecreeofDivorcefromDefendanton the
grounds ofincompatibility.
3. CHILDSUPPORT/ADULTCHILDREN'SEDUCATION. MrJoshi willnotbe
held responsibleforthe continuingeducationofthe adult childrenofthis marriage.
4. COMMUNITYPROPERTY/DEBT.
A) Women'sWealth:The"women'swealth"atissuehereinisthe sole andseparate
propertyofthe Defendant. Plaintiffisto contactany and all relativeswho may
have this property and immediately ask them to return said property to the
Defendantassoon aspossible.
B) Mr.Joshi'sVehicle: The 2005 ChevroletBlazershall beconsideredasPlaintiff's
soleandseparatepropertyandPlaintiffshallberesponsibleforthedebtremaining
thereon. Sincethecarisworthabout$10,910.00andthere is$15,009.75dueand
owingon the vehicle,Mr. Joshi'sassumptionofthis asset istobe consideredas
anundertakingofcommunitydebt ofapproximately$4,100.00.
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9.
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which by this reference are expressly incorporated herein.
11 CONCLUSIONS OF LAW
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12 1. JURISDICTION. This Court has jurisdiction of Plaintiff ad Defendant, and of
13 the subject matter herein.
14 2. Plaintiff is entitled to a Decree of Divorce from Defendant on the
15 grounds of incompatibility.
16 3. CHILD SUPPORT/ADULT CHILDREN'S EDUCATION. Mr Joshi will not be
17 held responsible for the continuing education of the adult children of this marriage.
18 4.
GROUNDS.
COMMUNITY PROPERTY/DEBT.
property of the Defendant.
Defendant as soon as possible.
3. Plaintiff and Defendant were maried on May 11, 1987 in Bombay, India, and ever
since that date have been, ad now are, Husband and Wife.
4. There are two children of this marriage, both of whom are now adults.
5. Defendant is not pregnant at this time.
6.
Plaintiff and Defendant have become, and continue to be, incompatible in
marriage, ad no reconciliation is possible.
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, N 89509.
The Court adopts, as Findings of Fact, each and every Conclusion of Law below,
A) Women's Wealth: The "women's wealth" at issue herein is the sole and separate
20 Plaintiff is to contact any and all relatives who may
21 have this property and immediately ask them to return said property to the
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23 B) Mr. Joshi's Vehicle: The 2005 Chevrolet Blazer shall be considered as Plaintif's
sole and separate property and Plaintiff shall be responsible for the debt remaining
thereon. Since the car is worth about $10,910.00 and there is $15,009.75 due and
26 owing on the vehicle, Mr. Joshi's assumption of this asset is to be considered as
27 an undertaking of community debt of approximately $4,100.00.
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C) Ms. Joshi's Vehicle: Ms. Joshi's car shall be considered as her sole and separate
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property and she shall be responsible for any debt remaining thereon. Since no
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evidence was presented to the Court as to the value of the auto, either positive or
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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
6 among the community.
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E) Daughter's Vehicle: This vehicle is not considered as an asset and will not be
8 divided among the community.
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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.
11 G) Community Bank Accounts: There is no factual basis to support that community
12 bank accounts exist and therefore the same is not being considered a community
13 asset.
14 H) Computer: The computer which was purchased at Best Buy is awarded to Mr
Joshi.
16 I) Television: Ms. Joshi is awarded the television which was purchased at Best Buy.
17 Said television is currently in Ms. Joshi's possession and shall be deemed her sole
18 and separate property.
19 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
21 responsible for this debt and the same shall be considered as his sole and separate
22 responsibility.
23 K) Best Buy Credit Card Debt: There is an approximately balance of $1,314.00
24 outstanding for the purchase ofthe television and computer. Mr. Joshi has agreed
to be responsible for this debt and the same shall be considered as his sole and
26 separate responsibility.
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Daughter'S
Communit
Computer:
Buy
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E)
K)
C) Ms. Joshi's Vehicle: Ms. Joshi's car shall be considered as her sole and separate
2 property and she shall be responsible for any debt remaining thereon. Since no
3 evidence was presented to the Court as to the value of the auto, either positive or
4 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
6 among the community.
Vehicle: This vehicle is not considered as an asset and will not be
8 divided among the community.
9 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.
11 G) Bank Accounts: There is no factual basis to support that community
12 bank accounts exist and therefore the same is not being considered a community
13 asset.
14 H) The computer which was purchased at Best Buy is awarded to Mr
Joshi.
16 I) Television: Ms. Joshi is awarded the television which was purchased at Best Buy.
17 Said television is currently in Ms. Joshi's possession and shall be deemed her sole
18 and separate property.
19 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
21 responsible for this debt and the same shall be considered as his sole ad separate
22 responsibility.
Best Credit Card Debt: There is an approximately balance of $1,314.00
24 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
26 separate responsibility.
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L) Medical Debt: There isadebtduetoSt.Mary'sHospital for$6,735.00andadebtto
REMSA for$500.00. Mr.Joshihasagreedtoberesponsible forthesedebtsandthe
sameshallbeconsidered ashissoleandseparateresponsibility.
M) Family Debt: ThereisadebtduetoAshikNanaby anda$5,000.00 debtduetoRod
andMeena Fowler. Mr.Joshihasagreedtoberesponsible forthesedebtsandthe
sameshallbeconsidered ashissoleandseparateresponsibility.
N) General CommunityDebt: Therewasnoevidencetoestablish community debt. Mr.
Joshiagreedtotaketheremainingcommunity debt inhisnamethatisoutstanding
andthedebtshallbehissoleandseparateresponsibility. ItshouldbenotedthatMr.
Joshihas likely incurred an unequal distributionof the community debtof the parties
andtheCourtfindshistestimonytobeacompelling reasonformakinganunequal
distributionof thecommunitydebt.
5. Spousal Support: TheCourthasfoundthat Mr.Joshi is51andMs.Joshiis46;the
partiesearnroughly equivalent amounts;thepartieshavebeenmarried 21yearsbutMs.Joshihas
alwaysbeenemployed duringthattime;Ms.Joshihasacollegedegree; bothpartiesareableto
work; and after considerationof the net income, deduction of taxes, and the amount paid in
communitydebtbyMr.Joshi, anawardofalimonyintheamount ofonedollar($1.00)shallbe
awardedtoMs.JoshipursuanttoNRS 125.150,Wolffv. Wolff 112Nev. 1355,929P.2d 196,and
Shydler v. Shydler, 194Nev. 192,196,954P.2d37,39(1988).
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Family
Community
Spousal Suort:
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L) Medical Debt: There is a debt due to St. Mary's Hospital for $6,735.00 and a debt to
RMSA 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.
M) Debt:
General Debt:
distribution of the community debt.
There is a debt due to Ashik Nanaby and a $5,000.00 debt due to Rod
and Meena Fowler. Mr. Joshi has agreed to be responsible for these debts and the
same shall be considered as his sole and separate responsibility.
N) There was no evidence to establish community debt. Mr.
Joshi agreed to take the remaining community debt in his name that is outstanding
and the debt shall be his sole and separate responsibility. It should be noted that Mr.
Joshi has likely incurred an unequal distribution of the community debt of the paies
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and the Court fnds his testimony to be a compelling reason for making an unequal
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5. The Court has found that Mr. Joshi is 51 and Ms. Joshi is 46; the
paries ear roughly equivalent amounts; the paies have been married 21 years but Ms. Joshi has
always been employed during that time; Ms. Joshi has a college degree; both paies are able to
work; and afer consideration of the net income, deduction of taxes, and the amount paid in
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community debt by Mr. Joshi, an award of alimony in the amount of one dollar ($1.00) shall be
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awarded to Ms. Joshi pursuant to NRS 125.150, H5gv. H5g112 Nev. 1355,929 P.2d 196, and
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Sayd|crv. Sayd|cr,194 Nev. 192, 196,954 P.2d 3 7, 39 (1988).
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JUDGEMENTANDDECREEOF DIVORCE
NOW,THEREFORE,IT ISHEREBYORDERED,ADJUDGED,ANDDECREED 1.
Plaintiff,ASHWINJOSHIbe, and he is,finally and absolutelydivorcedfrom Defendant,
BHARTIJOSHI,and that the bonds ofmatrimonyheretoforeexistingbetweenPlaintiffASHWIN
JOSHI, and Defendant,BHARTIJOSHI,be,and theyherebyare, dissolved,and thepartieshereto
arerestoredtothe statusofsingleandunmarriedpersons.
2. There Defendant'snameshall berestoredtothat ofBHARTIR.DAVE.
3. The matter,assetforthin theprecedingFindingsof Fact, ConclusionsofLaw, and
DecreeofDivorce,isherebyratified, adopted,and approved,and thepartiesare
Orderedto complywith thetermsofsuch.
GOODCAUSEAPPEARING,IT IS SOORDERED.
Dated: June1
lui
.
,1 \ /
.' .:
Lin M. Gardner
DistrictCourtJudge
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JUDGEMENT AND DECREE OF DIVORCE
2 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED 1.
3 Plaintif, ASHWIN JOSHI be, and he is, fnally and absolutely divorced from Defendant,
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BHARTIJOSHI, and that the bonds of matrimony heretofore existing between Plaintiff ASHWIN
JOSHI,and Defendant,BHARTIJOSHI,be, and they hereby are, dissolved, and the parties hereto
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are restored to the status of single and unmarried persons.
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2. There Defendant's name shall be restored to that of BHARTI R. DAVE.
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3. The matter, as set forthin the preceding Findings of Fact, Conclusions of Law, and
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Decree of Divorce, is hereby ratifed, adopted, and approved, and the parties are
Ordered to comply with the terms of such.
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GOOD CAUSE APPEARING, IT IS SO ORDERED.
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Dated: JlUle
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Lin
17 District Court Judge
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