Deciding to end a marriage is never easy. For many in Henderson and the broader Las Vegas area, one of the first questions that arises is: Do I need a lawyer to get divorced? The answer depends on your circumstances. While Nevada allows for do-it-yourself (DIY) divorce in certain situations, there are many scenarios where legal representation is essential.
This guide breaks down when hiring a divorce lawyer is recommended, what risks come with a DIY approach, and how legal counsel can protect your future.
Understanding the Divorce Process in Nevada
Nevada offers two types of divorce: uncontested and contested. Each comes with its own procedures, timelines, and potential complications.
Uncontested Divorce: Also known as a joint petition, this process is available when both parties agree on all major matters, division of assets, parenting schedules, and support obligations. It is generally faster, more affordable, and less emotionally demanding.
Contested Divorce: This occurs when there is disagreement on one or more issues. It typically involves court hearings, discovery, negotiations, and legal arguments. The process can be time-consuming and stressful, especially if children or significant assets are involved.
Knowing where your situation falls helps determine if a lawyer is necessary. Even in uncontested cases, legal guidance ensures no important details are missed.
When Legal Help Is Recommended
There are specific scenarios where working with a divorce attorney is highly advisable. If any of the following apply to your situation, professional support can make a meaningful difference.
Disagreements Over Property or Debts
Nevada is a community property state, meaning most assets and debts acquired during the marriage are subject to equal division. This includes:
Real estate
Retirement accounts
Business interests
Vehicles
Credit card debt
If either spouse disputes how these should be divided, a lawyer helps ensure the law is properly applied and your interests are protected.
Parenting Issues and Custody Concerns
When children are involved, custody and visitation arrangements can become emotionally charged. A lawyer can help establish:
Legal and physical custody terms
Visitation schedules
Holiday sharing agreements
Child support compliance
They also help navigate potential issues such as relocation, education choices, and medical decisions, areas where disagreements frequently arise.
Spousal Support
If one spouse requests alimony or if there is a significant income difference between partners, legal advice is critical. A divorce attorney can help evaluate whether support is fair and how long it should last, considering factors such as:
Length of the marriage
Earning capacity
Contributions to the household
Standard of living during the marriage
High-Conflict or Abusive Relationships
If your divorce involves verbal abuse, financial control, threats, or physical violence, it’s vital to have a lawyer. They can file protective orders, limit communication through legal channels, and advocate for safety-related custody arrangements.
The Risks of a DIY Divorce
A DIY divorce might look like a cost-saving solution, but it carries several potential drawbacks, especially for those unfamiliar with Nevada’s family court system.
Common Mistakes
Without legal guidance, individuals often:
Use outdated or incorrect divorce forms
Fail to include complete financial disclosures
Misunderstand how child support is calculated
Leave important terms in settlement agreements vague or incomplete
These mistakes can result in court rejections, enforcement issues, or legal disputes long after the divorce is finalized.
Unrecognized Complications
It’s common for people to overlook complex issues such as:
Hidden assets
Future tax implications
Retirement fund division
Healthcare and insurance responsibilities
Even seemingly straightforward divorces can unravel due to unexpected disagreements or overlooked terms.
Post-Divorce Litigation
Many people who opt for a DIY divorce eventually face post-divorce modifications or court challenges. What seemed like a quick resolution can lead to months or years of additional legal costs and emotional strain.
How a Divorce Attorney Adds Value
Hiring a divorce lawyer may seem intimidating or unnecessary at first, but it often leads to better outcomes. An experienced Nevada divorce attorney:
Helps you understand your legal rights and obligations
Ensures all court documents are complete and accurate
Assists with the fair distribution of property and debt
Advocates for parenting time that supports your child’s well-being
Protects you from being taken advantage of during negotiations
Most importantly, they offer peace of mind. Knowing someone is advocating for your future can ease stress and help you move forward with confidence.
Should You Handle It Alone?
Here are a few questions to ask yourself:
Do you and your spouse agree on everything, without exception?
Are there no shared children, no jointly owned assets, and no disputes?
Are you confident navigating legal paperwork, procedures, and court deadlines?
If you answered “yes” to all three, a DIY divorce might work. But for most, consulting with a lawyer, even briefly, can clarify the process and reduce risk.
Consult Leavitt Family Law Group in Henderson
Every divorce is different. Whether you’re unsure how to start or facing complex issues, the attorneys at Leavitt Family Law Group offer trusted legal support throughout Clark County. Our team will review your situation, explain your options, and help you determine the best path forward.
Schedule your confidential consultation today. Protect your future with a team that understands Nevada family law and is committed to your success.