While the prospect of legally ending a union might be unappealing, sometimes ending a marriage can be necessary for your mental and physical well-being. Divorce in Nevada does not have to be a difficult process.
With the assistance of a Las Vegas family law attorney, you’ll be able to navigate Nevada’s complex laws dictating the divorce process, including matters like dividing property, negotiating child custody, deciding on spousal or child support, and finalizing the divorce.
With Oronoz & Ericsson Family Law attorneys, your case is our priority. We’ll be able to help you choose the best course of action in your divorce, protect your interests, and work with you for the best outcome.
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If you choose to get divorced in Nevada, you must have “grounds” to file for divorce. In almost all cases, the stated ground for divorce is incompatibility. You can also file if you’ve been separated for one year, or if you can prove your spouse has suffered from insanity for two years.
Nevada does not recognize fault-based divorce grounds. However, in order for the Court to have jurisdiction, you will have had to live in the state for at least six weeks before pursuing a divorce.
In Nevada, there’s no waiting period for your divorce once the paperwork has been filed, provided you and your spouse agree on the terms of your divorce. Contested divorces may require a trial or mediation to reach a conclusion. Contested divorces take much longer than uncontested divorces where the parties come to a mutual agreement.
To reach a settlement in a divorce in Nevada, the parties much reach an agreement on a number of critical issues. First, if the parties have minor children, the determination must be made as to with which party the children will live and what time-share arrangement will be in place. Second, child support must be addressed. Third, community property must be identified and awarded and finally, spousal support questions must be decided.
A knowledgeable family lawyer will make the process of reaching agreements in the divorce easier, working with your soon-to-be-ex-spouse’s lawyers or communicating with the court for you.
Nevada is a community property state. Community property is property owned in common by husband and wife with each having an undivided one-half interest. When a couple divorces, the District Judge is required “to the extent practicable” to make an equal distribution of the community property of the parties
Generally speaking, any property acquired during the term on the marriage is community property. And any property the parties acquire prior to the marriage will be treated as the acquiring party’s separate property. Other examples of separate property would be the proceeds of an injury award or an inheritance. Parties frequently litigate the characterization of property. It is essential to have a family law attorney who is well-versed in how Las Vegas District Court Judges interpret and award the various assets of the parties.
In circumstances where one spouse tries to hide property or lies about the amount or value they possess, the judge may punish them and grant more property to the other spouse.
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When making a custody determination the “sole’ consideration of a judge is the “best interest of the child.” Nevada law presumes that children spending roughly equal time with both parents is in the “best interest” of a minor child.
However, if a judge decides to depart from the presumption of joint custody, he or she must consider a number of factors and indicate in its decision the reason for deviating from the presumed baseline of joint custody.
The factors include:
As stated, Nevada courts tend to award joint legal and physical custody as much as possible, but some scenarios call for one parent to have primary custody. With primary custody, the children will generally spend more than 60% of their time with one parent.
Joint legal custody means that both parents have a say in making decisions on how a child will be raised, educated and whether a particular religious tradition will be adhered to.
Award of child support is governed by statute in Nevada. There is a fairly straightforward formula that applies to the vast majority of people. However, in some cases, Clark County District Court Judges may make awards that are uniquely suited to special situations and circumstances.
Child support and custody orders can be modified when there has been a change of circumstances between the parties.
During a marriage, partners may become accustomed to a certain standard of living. When that marriage ends, a court may permit payments from one spouse to the other to stay close to that standard of living.
In Nevada, spousal support, also called alimony, is calculated when the spouses have unequal financial positions. Judges review several factors, such as the spouses’ education, profession, age, and the length of the marriage.
There are four types of alimony: temporary, short-term, rehabilitative, and permanent. Most of these alimony types are designed to help the payee to get back on their feet. Permanent is the least common type.
Alimony payments can be modified unless the couple decides against that option.
A family law attorney will have the answers to any questions about alimony you may have, so cooperating with your lawyer can provide the best outcome.
Family law can be complicated, and many factors can impact the decisions during the divorce process or delay decisions that will bring the satisfaction of knowing you have done everything you can to protect your interests. Hiring a talented Las Vegas family lawyer will improve your experience as you enter a new phase of your life.
The Oronoz & Ericsson family law attorneys will work with you to ensure you prevail. We’ll listen to you and help you determine the best course of action. Let’s face it, your ability to spend time with your children (if you have them) and your livelihood are on the line. You had better do everything you can to win.
Hiring Oronoz & Ericsson is the first step in ensuring you get the outcome you want. Don’t have any regrets – call us now.