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FILED

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Electronically
06-19-2009:09:57:23 AM
Howard W. Conyers
Clerk of the Court
Transaction # 846216

CODE: 1745
JOHN P. SPRINGGATE, ESQ.
Nevada Bar #1350
203 South Arlington Avenue
Reno, NV 89501
Telephone: 775.323.8881
Attorney for Plaintiff

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IN THE FAMILY DIVISION

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA


IN AND FOR THE COUNTY OF WASHOE

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ASHWIN JOSHI,

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Plaintiff,

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vs.

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BHARTIJOSHI,

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CASE NO.: DV08-01168


DEPT. NO.: 14

Defendant.

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FINDINGS OF FACT,

CONCLUSIONS OF LAW,

AND DECREE OF DIVORCE

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The above-entitled matter came on for trial before this Court on March 11, 2009 and

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March 12,2009. ASHWIN JOSHI, Plaintiff, was present and represented by his counsel, JOHN

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P. SPRINGGATE, ESQ.

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counsel, ZACH COUGHLIN, ESQ. The Court issued its Order After Trial which was filed on

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April 13, 2009.

BHARTI JOSHI, Defendant, was present and represented by her

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FINDINGS OF FACT
1.

Plaintiff is a resident of the State of Nevada, and for a period of more than six (6)

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weeks before commencement ofthis action has resided and been physically present and domiciled

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in the State of Nevada.

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2.

Defendant is a resident of the State of Nevada, and for a period of more than six

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(6) weeks before commencement of this action has resided and been physically present and

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domiciled in the State of Nevada.

3.

Plaintiffand Defendant were married on May 11, 1987 in Bombay, India, and ever

since that date have been, and now are, Husband and Wife.

4.

There are two children ofthis marriage, both of whom are now adults.

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Defendant is not pregnant at this time.

6.

Plaintiff and Defendant have become, and continue to be, incompatible in

marriage, and no reconciliation is possible.

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The current address of Plaintiff is 1644 Fieldcrest Drive, Sparks, NV 89434.

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The current address of Defendant is 260 Booth Street, Apt. Q, Reno, NV 89509.

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The Court adopts, as Findings of Fact, each and every Conclusion of Law below,

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which by this reference are expressly incorporated herein.

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CONCLUSIONS OF LAW
1.

JURISDICTION. This Court has jurisdiction of Plaintiff and Defendant, and of

the subject matter herein.


2.

GROUNDS. Plaintiff is entitled to a Decree of Divorce from Defendant on the

grounds of incompatibility.
3.

CHILD SUPPORT/ADULT CHILDREN'S EDUCATION. Mr Joshi will not be

held responsible for the continuing education of the adult children of this marriage.

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4.

COMMUNITY PROPERTY/DEBT.

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A)

Women's Wealth: The "women's wealth" at issue herein is the sole and separate

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property of the Defendant. Plaintiff is to contact any and all relatives who may

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have this property and immediately ask them to return said property to the

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Defendant as soon as possible.

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B)

Mr. Joshi's Vehicle: The 2005 Chevrolet Blazer shall be considered as Plaintiff's

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sole and separate property and Plaintiffshall be responsible for the debt remaining

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thereon. Since the car is worth about $10,910.00 and there is $15,009.75 due and

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owing on the vehicle, Mr. Joshi's assumption of this asset is to be considered as

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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

property and she shall be responsible for any debt remaining thereon. Since no

evidence was presented to the Court 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)

Daughter's Vehicle: This vehicle is not considered as an asset and will not be
divided among the community.

F)

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London Bank Account: There is no factual basis to support that this account exists
and therefore it is not being considered a community asset.

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G)

Community Bank Accounts: There is no factual basis to support that community

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bank accounts exist and therefore the same is not being considered a community

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asset.

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H)

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Computer: The computer which was purchased at Best Buy is awarded to Mr


Joshi.

I)

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Television: Ms. Joshi is awarded the television which was purchased at Best Buy.

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Said television is currently in Ms. Joshi's possession and shall be deemed her sole

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and separate property.


J)

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General Credit Card Debt: There is general debt of approximately $15,650.00

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which has been expended for community purposes. Mr. Joshi has agreed to be

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responsible for this debt and the same shall be considered as his sole and separate

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responsibility.
K)

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Best Buy Credit Card Debt: There is an approximately balance of $1,314.00

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outstanding for the purchase ofthe television and computer. Mr. Joshi has agreed

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to be responsible for this debt and the same shall be considered as his sole and

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separate responsibility.

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III

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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

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.


M)

Family 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)

General Community Debt: 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.

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Joshi has likely incurred an unequal distribution of the community debt of the parties

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and the Court finds his testimony to be a compelling reason for making an unequal

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distribution of the community debt.


5.

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Spousal Support: The Court has found that Mr. Joshi is 51 and Ms. Joshi is 46; the

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parties earn roughly equivalent amounts; the parties have been married 21 years but Ms. Joshi has

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always been employed during that time; Ms. Joshi has a college degree; both parties are able to

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work; and after 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, Wolffv. Wolff 112 Nev. 1355,929 P.2d 196, and

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Shydler v. Shydler, 194 Nev. 192, 196,954 P.2d 37, 39 (1988).

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JUDGEMENT AND DECREE OF DIVORCE


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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED 1.

Plaintiff, ASHWIN JOSHI be, and he is, finally and absolutely divorced from Defendant,

BHARTI JOSHI, and that the bonds of matrimony heretofore existing between Plaintiff ASHWIN

JOSHI, and Defendant, BHARTI JOSHI, be, and they hereby are, dissolved, and the parties hereto

are restored to the status of single and unmarried persons.

2.

There Defendant's name shall be restored to that ofBHARTI R. DAVE.

3.

The matter, as set forthin the preceding Findings of Fact, Conclusions of Law, and

Decree of Divorce, is hereby ratified, adopted, and approved, and the parties are

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Ordered to comply with the terms of such.

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GOOD CAUSE APPEARING, IT IS SO ORDERED.

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Dated: June

1~-;;;09.

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Lin M. Gardner
District Court Judge

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