With the highest marriage rate in the nation (26.2 marriages per 1,000), Nevada has built a reputation for giving soon-to-be newlyweds the ability to cut through the red tape and get a marriage license fast.
However, it seems that these marriages often end as quickly as they began because Nevada also holds the top spot for divorces in the country (4.2 divorces per 1,000).
Marriages in Vegas may be more complicated to get out of than they were to get into. An experienced Las Vegas divorce lawyer understands Nevada law and how to navigate the divorce process. Oronoz & Ericsson, LLC will ensure that important decisions regarding property division, child custody, and alimony are made in your best interest.
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Las Vegas has various divorce laws that may apply to your case, which include the following:
You or your spouse must be a resident of Nevada for at least six weeks to be eligible for divorce. You may need to have a relative sign an affidavit proving that you are a resident. There is one exception to the residency requirements: if the cause of divorce occurred in Nevada while you and your spouse were both living there.
According to NRS 125.020, you can file for divorce in the district court of any county that:
You can take two routes for a Las Vegas divorce: contested or uncontested. Filing for an uncontested divorce is the best way to ensure a smooth divorce process.
Uncontested means that you and your spouse agree on the terms of your divorce, such as property division, child custody, alimony, and child support. When you and your spouse agree on these terms, you can both file for divorce jointly.
If you and your spouse cannot agree on the terms of your divorce, you could file for a contested divorce, which is a much longer process.
Nevada is a “no-fault” state for divorce, meaning you don’t need a reason to get a divorce. However, there are specific legal causes under NRS 125.010 that could lead to your divorce, which include the following:
Your final divorce decree will include decisions on the following terms:
Nevada is a community property state. This means any assets acquired during your marriage will be split 50/50 between you and your spouse. However, if you and your spouse created a prenuptial agreement stating how you’d like property to be divided in divorce, this could override community property laws.
According to NRS 125C.001, it is state policy in Nevada to ensure that minor children have a relationship with their parents after separation and encourage parents to share rights and responsibilities to children. It’s important to note that both parents automatically have joint custody of their children until otherwise ordered by the court.
Joint legal custody means that both parents have the right to make decisions for the child. This could include decisions regarding their medical care, schooling, and more. Joint physical custody involves parents sharing the time they physically spend with their children.
Many factors outlined in Nevada’s child support guidelines determine the amount of child support one spouse owes to another. A lot depends on the type of custody agreement you have and how much the children spend with each parent. If a child spends most of their time with the mother, the father may be forced to pay more support. Other factors, such as both parent’s income, costs of childcare, and educational expenses, can influence support payments.
Alimony is financial support that one spouse provides to the other after the divorce is final. Calculating the amount of alimony you or your spouse could receive is hard. However, here are the factors that influence the judge’s decision:
In some cases, a judge may order “rehabilitative alimony” so that you or your spouse can get the education and job training required to increase your ability to earn more income.
The divorce process differs depending on each party’s cooperation. If you and your ex agree on issues like property division and child support, you can file your divorce jointly. This is a much faster approach compared to couples who file alone because they cannot agree on the terms of their divorce. Here, we’ll break down step by step what you can expect from each type of divorce:
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If you are filing jointly, you must go through the following steps:
Filing for divorce separately includes the following steps:
Since the court doesn’t serve your divorce paperwork for you, it’s on you to ensure the documents are given to your ex. In Nevada, you have 120 days after you file the complaint to serve your spouse. These documents must be hand-delivered by someone who’s not a party in the case and not concerned with the outcome. After you serve your spouse, you must file an Affidavit of Service to inform the judge that the other party is aware of the divorce.
You have rights during a divorce; if the other party does not respect those rights, we’ll help you resolve the issue in court. The Las Vegas divorce lawyers at Oronoz & Ericsson, LLC will explain each step of the divorce process. Our team ensures that each client makes the most informed decision regarding their family and future.