Divorce is often a challenging and emotional process. Even when both parties are on good terms, there are many decisions to make, and the process is even more complicated when children are involved. The attorneys at Leavitt Family Law Group have helped hundreds of clients navigate the process successfully. We hope the following answers to frequently asked questions about divorce in Nevada are helpful if you are contemplating a divorce.
Common Questions We Receive About Divorce
What Is The Difference Between an Uncontested and Contested Divorce?
Uncontested divorce in Nevada occurs when the parties agree on all marriage issues without litigation. For example, the parties agree on child custody issues, marital property and debt division, and spousal support and alimony.
On the other hand, a contested divorce occurs when the parties cannot decide how to resolve the issues surrounding their marriage. Contested Divorce in Nevada does not require an attorney; however, the contested divorce process can be challenging and may take longer than necessary if you do not have competent counsel to guide you through the process.
How Long Does A Divorce Take?
A divorce attorney's most common question is, "how long will my divorce take?" The answer to the question is unique to each family's situation. It will take longer if the two parties cannot agree on asset division, custody issues, etc. When couples can’t agree, a judge will make those decisions. When the couple can communicate their wants and goals and negotiate a resolution, less time and money are involved.
How Much Does It Cost To Get Divorced?
The answer to this question is similar to the question above, and the answer is different for each individual. Again, the more issues there are to deal with (custody/division of marital property/debts/alimony, etc.), the more expensive the process becomes. In short, the more complexity and issues to resolve, the greater the cost of a divorce in Nevada. Call the Leavitt Family Law Group at 702-605-0065 to schedule your consultation today so we can evaluate the facts of your case and determine an estimate of fees and costs for your divorce.
How Is Property Divided In A Divorce?
In Nevada, there are two (2) types of property: Community property and separate property. Community property means any asset or debt you acquire after you say "I do." Separate property refers to any asset or debt you acquired before marriage that has not been blended or transmuted during the marriage. For example, suppose you owned a residence (titled only in your name as a single or unmarried man/woman) before your wedding and have not put your spouse's name on the title to that property during the marriage (performed a deed transfer of any kind). In that case, that property should be awarded to the spouse who owned the home before marriage as their sole and separate property under Nevada divorce law.
Under Nevada law, community property should be divided equally during the dissolution of the marriage. This does not necessarily mean that a piece of property must be physically divided in half. If you have two assets of equal value, one person may receive one while the other party gets the other. For example, suppose the equity position is equivalent to a retirement savings plan. In that case, the parties can agree that one party keeps the house while the other party keeps the retirement savings plan. Asset division can be extremely complicated. It's important to work with an attorney to ensure your rights are protected.
What Are My Rights During A Divorce?
You have rights guaranteed to you by the Constitution of the United States, the Constitution of the State of Nevada, and the Nevada Revised Statutes (NRS). You have the right to have custody of and parent your child(ren). You also have the right to a portion (usually half) of the assets/debts acquired during your marriage. You have the right to be heard at trial (should you choose to litigate your divorce case to trial). Speaking with an experienced divorce attorney at the Leavitt Family Law Group is the best way to learn about your rights during your divorce. Make your consultation appointment by calling 702-605-0065 to determine how we can protect your rights today.
How Does The Court Decide On Child Custody?
There are two main types of custody in Nevada. The first is referred to as legal custody. Legal custody means "decision-making" ability. Generally, unless a parent has been proven unfit in a court of law, a Nevada judge will award joint legal custody. That means each parent will have an equal say in major life decisions for their minor children.
The second type of custody in Nevada is known as physical custody. Physical custody is governed by 125C.0035 of the Nevada Revised Statutes (NRS). This statute mandates that a parent (regardless of gender) must receive equal custody/parenting time with their children unless the Judge finds good cause to award primary custody to only one parent.
Often, a judge will award temporary physical custody to the parents until a final divorce resolution is reached. The purpose of temporary custody is to establish visitation for each parent during litigation and to create stability for children as a case moves through the court system. A judge's temporary custodial order can indicate the final result of a child custody issue. However, each family and the factual situations are different. The paramount consideration of family court judges in Nevada is the child's best interest.
Does Nevada Require Fault for Divorce?
Nevada is a "no fault" state. That means that if either of the marital partners decides they no longer want to be married to their spouse, they can file for divorce in Nevada whenever they choose and do not require the permission or blessing of their spouse. Simply put, if you do not want to be married to your spouse any longer, you do not have to be. Give the Leavitt Family Law Group a call at 702-605-0065 for help filing for divorce in Henderson or Las Vegas.
How Is Residency Determined for Divorce in Nevada?
To be eligible to file for divorce in Nevada, you must be a resident of the State of Nevada for a minimum of six weeks before you file for divorce. Residency for divorce is determined by your physical presence within the borders of the State of Nevada. Please note that you may have a driver's license issued by the State of Nevada, pay taxes in Nevada, or own property in Nevada, but that does not mean you are considered a "resident" for divorce purposes. You must physically be in the State of Nevada for six weeks before filing for divorce.
Will I Have To Go To Court?
You may not need to go to court if you can amicably resolve the issues of your marriage collaboratively with your spouse. If you and your spouse can reach an agreement, then a Marital Settlement Agreement and Decree of Divorce can be prepared on your behalf and submitted to the Judge for signature. In that instance, a court appearance may not be necessary. If you and your spouse cannot agree on the issues of your marriage, litigation, and multiple court appearances would be likely.
Whether you have reached an agreement with your spouse and need assistance drafting the paperwork to finalize your divorce, or you cannot agree and need legal counsel, call the Leavitt Family Law Group at 702-605-0065. We can assist with your divorce and help you reach a fair settlement.
How Do I Choose A Divorce Attorney?
Your selection of a divorce attorney is crucial. Choose someone who listens to your concerns, understands your goals, communicates frequently, and is knowledgeable and experienced in family law matters.
The following are good questions to ask:
1) How many years of experience does the attorney have in family law matters?
2) How many family law cases have they handled in their career?
3) How quickly do they respond to emails or telephone calls?
4) What is their experience with the sitting family law judges on the bench today?
5) What is the attorney's hourly billable rate and retainer fee amount?
We hope these frequently asked questions about divorce in Nevada have helped. The attorneys at the Leavitt Family Law Group have decades of experience handling a variety of issues surrounding divorce cases in Nevada. We offer compassion, understanding, and aggressive representation for our clients. We have experience with divorce, child support, child custody, alimony, asset division, and prenuptial agreements. Call 702-605-0065 or contact us online to schedule a consultation.