Saturday, February 05, 2005
Copyright © Las Vegas Review-Journal

JANE ANN MORRISON: Divorce Nevada-style doesn't always mean getting uncoupled quickly

Don't assume as soon as divorce papers are filed couples immediately split the sheets and start living apart. A judge may keep them together.

Recently, Family Court Judge Nicholas Del Vecchio ordered a Henderson couple to live together during their divorce proceedings. My startled reaction: "How and why would he do that?"

Then, I did one of my least favorite things: I read their divorce records, entering the judicial world of "she said-he said."

Based on their extreme characterizations of each other in the files, Mark Duross, 39, is an obsessive control freak trying to hide his assets, and Mary Duross, 38, is trying to cling to a luxury lifestyle without working.

The couple married six years ago and have two children, 2 and 4. After he filed for divorce Dec. 2 (beating her to the punch), they disagreed about everything.

She said he had a net worth of nearly $8 million from his success in real estate. He said he wasn't that successful.

She said she was the stay-at-home mom and primary caregiver. He said he worked at home and co-parented.

She obtained an affidavit from the nanny saying mom did almost all the parenting. He said the nanny barely spoke English and didn't know what she was signing.

Are you catching the flavor? Not quite "War of the Roses," but ugly.

On Dec. 17, Mary asked Del Vecchio to order Mark out of the "marital residence," saying he could live in his nearby condo. Mark objected.

She said he wanted to stay only to torment her. He said he wanted to be near the children.

Del Vecchio on Jan. 11 rejected her motion to order Mark out of their $634,000 Anthem County Club home. He ordered them to live together in the home, which has a small "casita" where Mark could sleep.

Mary asked the judge to reconsider.

On Jan. 25, the Durosses argued after she found a fax showing he is trying to sell a property they own jointly. Police came. Mark said nothing happened.

The Henderson police report said: "Mary suffered superficial scratches on her left wrist and a small abrasion on the outside of her right ankle." Mark Duross was arrested on domestic violence and battery charges.

Now, he's out of the house, as a result of a temporary protective order. Del Vecchio will decide Feb. 17 whether that's temporary or permanent.

Three factors determine whether a judge forces someone to move out of the house before a divorce is final, Del Vecchio said. Is there a financial reason to stay together? Is it better for the children if the parents keep living together? Is there any history of domestic violence?

Del Vecchio estimated that 20 percent of the time, when he is asked to order one spouse out of the house while the divorce is pending, he says no.

"I felt here that, given the fact I had conflicting sides regarding who is the primary caretaker, that this was a temporary step keeping them together to get from step one to step two."

Any regrets?

"With the blinding light of hindsight, yes," Del Vecchio said. "But at the time I heard it, there wasn't any evidence of domestic violence."

Family Court Judge William Voy said about 5 percent of the time when asked to oust a spouse, he'll order a couple to stay together during the divorce, but "I'm not ordering they live in the same bedroom."

"There are times when it's in the children's best interest; 99 percent of the time, you do it for the kids and the financial situation," Voy said.

Usually, Voy said, the order to stay together involves people who don't have enough money for separate homes.

Family Court Judge Cynthia Dianne Steel said out of the 2,300 new divorce cases she is assigned each year, "I probably have 30 motions for exclusive possession of the residence. Of those, I maybe order four or five of them to remain together in the house."

If you are considering divorce, know this: You may still be living together for a while. That should be an incentive for civility.

Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at jane@reviewjournal.com or call 383-0275.