A Comprehensive Guide To Your Divorce Questions (2020)
Getting a divorce can be an incredibly stressful time in a person’s life. Dissolving a marriage is often a difficult decision especially if there are children, significant assets and other financial considerations involved.
Going through a divorce can be even worse when you cant find answers to simple questions like:
- Where do I file?
- How much will it cost?
- Can I get divorced if my spouse doesn’t live in Nevada?
At Rosenblum Law Offices, we don’t take a cookie-cutter approach to our client’s divorce cases.
And . . . we wont use a one-size-fits-all approach with your divorce litigation.
Our goal is to handle your legal matter and reduce the stress and anxiety you are likely already feeling about the changes in your life.
Our office can answer all of your questions involving contested and uncontested divorces. In this article we do our best to answer you simple Nevada divorce questions:
Where do I file for divorce in Nevada?
Nevada law requires that you must be a Nevada resident for at least six (6) weeks prior to your filing for divorce. This is known as the residency requirement. In addition, Nevada divorce law requires that your divorce be filed in the county within which you reside.
If you and your spouse have separated and now live in different counties or even in different states, you can still file for divorce where you live. However, we strongly suggest you meet with one of our experienced Las Vegas Divorce Lawyers to discuss the benefits of filing in Clark County, Nevada and to discuss the possible benefits of filing elsewhere.
Who can get divorced in Nevada?
In order to get a Nevada divorce, you have to meet two requirements.
#1: You must meet the Nevada residency requirement
#2: The statutory grounds for divorce must exist to get divorced.
Not sure what this means? Let’s break it down.
In order to get a Nevada divorce, you and/or your spouse must be a resident of the State of Nevada at least six weeks before you file your divorce papers. Remember we said you and/or your spouse? That’s right! If you don’t live in Nevada, but your spouse does, you can get a divorce in Nevada. Likewise, if you live in Nevada, but your spouse lives in another state or even in another country, you can still get divorced in Nevada.
In some cases, the judge might question your Nevada residency. If this happens, be prepared to show the judge proof that you actually live here. For example, present your utility bills, bank statements, a Nevada driver’s license, mortgage statement, apartment lease or other document showing you do live in Nevada.
You can still get divorced in Nevada even if your children don’t live here. This is what is known as a status only divorce. Meaning, you are divorced in Nevada, but the judge will not issue orders about the custody of your kids. Instead, you will need to file a custody case where your children live in order to address custody and visitation.
In addition to meeting the residency requirements, you must show that you meet the statutory grounds for a Nevada divorce. In most cases, spouses claim that they are incompatible in marriage. This means that your likes and dislikes, tastes and mental dispositions are so widely divergent that you can no longer live together as husband and wife.
Other statutory grounds for a Nevada divorce? Insanity. A divorce on the grounds of insanity requires the divorcing spouse to show that insanity existed at least two years prior to filing the divorce case.
Living separate and apart from your spouse for over a year is another statutory reason to get a Nevada divorce.
However, since Nevada is a no-fault divorce State, most people simply write that they are incompatible in marriage.
Where can I look up Nevada divorce laws?
Nevada divorce laws can be found in the Nevada Revised Statutes beginning with NRS 125. NRS 125 discusses the basics about getting divorced, annulments and legal separations. You can find information about alimony and joint petitions in NRS 125.
If you have children, you can also find the Nevada law about child custody in NRS 125C. These statutes explain visitation, legal custody and physical custody as well as set forth the factors judges will consider when looking at the best interest of a child in divorce.
Is there a waiting period in Nevada to get divorced?
However, you must meet the residency requirement in order to file your divorce in Nevada. This means you must have lived in Nevada at least six weeks prior to filing for divorce.
As long as you meet the residency requirement, you can be divorced as quickly as a day or two, depending on whether you have a contested divorce, uncontested divorce or joint petition.
What does a Nevada divorce cost?
This is the big question and the one where we see the most misinformation from other sites in their answers.
Depending on where you file, the cost for your Nevada divorce might vary. The filing fees for a Nevada divorce will also vary depending on whether you are filing a Complaint for Divorce or a Joint Petition for Divorce. In Clark County, the cost for a Complaint for Divorce for is $299. If you are filing a joint petition for divorce, the filing fee in Clark County is $299. And the filing fee for an answer to a Complaint for Divorce is $270. Keep in mind that these are just the filing fees.
If you are hiring an attorney for your divorce, the cost can vary as can the qualifications of your lawyer and the location in Nevada where the divorce is being filed. In addition, every divorce is different and unique to the family divorcing. Nevada divorce lawyers are also different and come with varying experience, customer service and knowledge.
The attorney’s fees involved in a Nevada divorce can range from a few hundred dollars to several hundred thousand dollars depending on the complexity and length of the case, the assets and debts involved, the cooperation of the other party, the need for expert witnesses and the skill level and knowledge of the attorney you hire.
Does my spouse get half if I Divorce in Nevada?
Under Nevada’s community property laws, assets and debts spouses acquire during marriage generally belong equally to both of them, and they must divide them equally in divorce. In diving assets and debts during a divorce, the Court will consider three (3) things:
Was the property acquired during the marriage with community funds?
What is the value of the property?
Should the property be divided equally?
What if I want a Nevada Divorce and I have children?
This is a complicated and difficult question to answer and the answer largely depends upon your specific set of circumstances.
As a general proposition, the Court will assume joint custody is in the best interest of your children at the time of the divorce. However, various factors can be considered for one party to be awarded primary physical custody such as: a nomination by a parent for one parent to have primary custody, history of domestic violence, history of child abuse or endangerment, abandonment, stability and other factors.
Again, it is important to have an experienced Las Vegas Divorce Lawyer on your side to help navigate the complicated waters of child custody while going through a divorce. For more information about child custody in Nevada Divorce, check out this page containing answers to your frequently asked Nevada child custody questions.
What are some things I should know about parenting my kids if a get divorced in Nevada?
Talk to your children and encourage them to speak openly about their feelings regarding the divorce.
Never tell your children they are the reason for the divorce. To the contrary, you need to assure your children the divorce is not because of them.
Kids are going to be sad, angry, withdrawn and even act out during the divorce. Try to be patient with your children and understand where the feelings are coming from.
Don’t surprise your children with a move, activities or family member visits. Keep your kids in the loop about major life changes like a move, a new schedule or specific activities.
Keep consistency in your rules. Rules that applied before you and your spouse separated should continue after the divorce. Kids appreciate consistency and so will you.
Make time for your kids every day, even if it's only a phone call. It is important for your children to know you are there for them, even if it’s just a call.
Protect your children from the conflict you have with your spouse. Children should not be involved with your property division, support payments or other “adult matters.”
If your children are having an incredibly difficult time, seek professional help.
Do not speak negatively about your spouse to the kids. Your former spouse is still your children’s parent.
Do not ask your children to choose, take sides or otherwise mediate disputes between you and your spouse.
Set realistic expectations for your kids that include spending time with them as much as possible.
Tell your children you love them every day.
Even if I don’t plan to get divorced today, are there things I can do to protect myself?
Run a credit report immediately. Knowing your current debts as well as your spouses debts will help in planning for your divorce and assist in dividing property.
Get your taxes in order. Once you are divorced, your tax deductions will changed. Talk a tax professional, to find out what your tax obligations will be once you divorce.
Talk to your soon-to-be-ex about your children's college funds. In a Nevada divorce, the law does not require child support once your kids graduate from high school. If you plan to save for their future, talk to your spouse about your expectations for your children's college fund.
Protect yourself by creating a budget. Too many times we see people get divorced with no plan. Often, they aren't sure how they will support themselves. Creating a budget will help you determine if you need alimony or child support once the divorce is final.
Take a video log of all of the possessions in the marital residence. It never fails that once divorce is imminent, prized possessions of one spouse go missing. Having a video inventory of your home will help ensure you retain your favorite things.
Gather your bank statements. Nevada divorce law requires that both spouses provide their bank statements at least 6 months prior to filing for divorce. Having your bank statements handy will help the divorce go faster and probably cheaper.
Make plans for your health insurance. This is true especially if you are covered by your spouse's health plan. Find out whether you are eligible for insurance through your employer, or another source, and what it will cost.
Secure your prized possessions and personal papers. If you are worried that your spouse might get vindictive during divorce proceedings, it doesn't hurt to move your favorite things, or your personal possessions, to a secure location like a safe deposit box or storage unit.
Save for your divorce lawyer. There are no guarantees that your spouse will be required to pay your lawyer fees or that you and your spouse will share legal expenses. Be prepared to pay for your own attorney without help from your spouse.
Figure out your housing situation sooner than later. Since you and your spouse will be living separately, you should plan for your housing before you start the divorce process. Will you rent an apartment or home? Do you plan to keep the marital residence and buy out your spouses interest? Are you planning to list the marital residence for sale?
Change your passwords or get new accounts. At some point, you will need to separate your accounts from your spouse. If you don't want to get all new accounts, change your passwords.
Try to stay away from social media. Blasting your spouse on social media is not going to help you in the divorce, and it could actually work against you. Likewise, bragging about a new house or a big promotion while going through a divorce could end up costing you lots of money. The best thing to do is stay away from social media until your divorce is over.
What if I think my spouse is hiding assets? Can I still get divorced?
It is not uncommon in a Nevada divorce for one spouse to try to take advantage of the other spouse. Often times, this can lead to one spouse trying to hide assets. You can still get divorced but it will be up to your divorce lawyer to find the hidden assets.
If you think your spouse might be hiding assets, look for these signs and tell your attorney:
Your spouse made a big purchase right before the divorce. This can include a new car, a recreational vehicle or a large piece of jewelry. When a spouse makes a large purchase right before the divorce process starts, it's usually because the spouse intends to sell the asset later and pocket the money.
Watch out for new credit cards or bank accounts you've never seen. This is usually a sign that your spouse is moving money around.
Does your spouse keep you in the dark about your finances? If your spouse is unwilling to share bank statements or credit card statements with you, it is likely that your spouse is trying to hide assets.
If your spouse works an all cash job, makes cash tips or is paid under the table, you need to look out for hidden money.
Make sure your spouse isn't sending mail to a different address. This is usually a sign that your spouse is hiding finances from you.
Is your spouse "loaning" money to family and friends? When a spouse suddenly starts loaning money to family members, it is a red flag that your spouse is trying to hide money.
Check your credit card statements for over payment. Spouses trying to hide money in a divorce often overpay their credit cards and other debts to look "cash poor."
Why Hire Us For Your Nevada Divorce?
A divorce does not always have a straightforward resolution and the results of a divorce can affect you for years to come. Obtaining changes to custody, visitation, support and asset, division of property, and debt division can be difficult if your case is not handled correctly from the beginning. A Las Vegas divorce lawyer at Rosenblum Law Offices can help you find a resolution to a number of family law related areas such as:
Property and Debt Division
Post divorce decree matters
Our Nevada divorce lawyers have extensive experience in all aspects of family law. We have handled over 2,000 family law matters and have conducted close to 100 family law trials. Let our experience help protect your rights.
If you are going through a divorce contact us today for an initial consultation. We represent clients throughout Summerlin, Henderson, Las Vegas, North Las Vegas and the surrounding areas. We employ common sense and attempt to cost-effectively resolve disputes. When the need arises, however, we are prepared to litigate and take matters to trial. Don’t wait. Call our family law attorneys today at (702) 433-2889 or fill out our on-line form for more information. You can also check out our free divorce guide if you have any further questions.