Nevada Divorce: A Comprehensive Guide To Your Divorce Questions (2019)
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.
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?
The answer to this question is no. There is no waiting period in Nevada if you want 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?
The answer is “it depends.”
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?
The Court will consider a variety of factors when distributing assets and debts during a marriage. Therefore, it is important to have a knowledgeable and experienced Las Vegas divorce lawyer on your side.
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?
No question that going through a divorce with children can make the divorce process really difficult. While this is by no means an exhaustive list, the following tips can help in making your divorce go smoothly when children are involved:
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.
Explain what divorce means in a way that is age appropriate for your kids.
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.
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 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:
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 us today at (702) 433-2889 or fill out our on-line form for more information.