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:
At The Rosenblum Allen Law Firm, we don’t take a cookie-cutter approach to our client’s divorce cases.
And . . . we won’t 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:
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.
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.
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.
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.
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.
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.
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:
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:
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:
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 The Rosenblum Allen Law Firm 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 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.