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What to Ask a Divorce Lawyer?

Going through a divorce can be a challenging and emotional time.

You’ll have many important decisions. They will affect your personal and financial life.

Hiring an experienced divorce lawyer in Las Vegas is crucial. You must trust and communicate with them well. Doing so is key to getting a good divorce settlement.

Knowing what questions to ask is key. It will help you find the right lawyer for your needs. So, ask when interviewing prospective divorce attorneys.

Questions to Ask a Divorce Lawyer Banner

How to Find the Right Divorce Lawyer in Las Vegas

Narrow down your search to a few qualified candidates. Look for attorneys with years of expertise explicitly handling divorce cases in Nevada. Then, set up consultations and come prepared with questions. Here are some essential things to ask:

Ask About Their Experience

  • How long have you been practicing divorce law in Nevada? Look for at least 5-10 years of experience.

  • About how many divorce cases have you handled in your career? Look for an attorney who has guided hundreds, if not thousands, of clients through the process.

  • What types of divorce cases have you handled? An attorney has experience with complex divisions of assets. They also have experience with child custody disputes. They work with high net-worth individuals and handle tough settlements. Such an attorney will be beneficial.

Understand Their Approach

  • Do you lean more toward litigation or pursuing settlements? There are pros and cons to both approaches that you should understand.

  • Would you describe your strategy as aggressive or cooperative? Make sure their strategy aligns with your goals and personality.

  • Can you walk me through your typical timeline and process for a divorce case? Understanding what you can expect will help you prepare.

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Discuss Logistics

  • Where is your office located? Look for an office near your home or work in Las Vegas.

  • What are your availability and scheduling policies? You want an attorney who is responsive and can meet when needed.

  • Who makes up your support staff? Get to know your attorney’s team, including paralegals, assistants, and legal staff.

  • What are your billing rates and payment options? Get free details in writing upfront. Average hourly rates for experienced divorce lawyers in Las Vegas range from $250-$500+.

Verify Credentials

  • Where did you earn your law degree? Look for an attorney who graduated from a reputable law school.

  • Are you licensed to practice law in Nevada? They should be a member of the State Bar of Nevada in good standing.

  • Do you belong to any professional legal organizations? Joining groups like the American Academy of Matrimonial Lawyers shows commitment.

Consider Compatibility

  • Do our personalities mesh well? You’ll be working closely, so a good rapport is critical.

  • Are you comfortable with my communication style and needs? Please make sure they are responsive to your preferences.

  • Do you feel I’ve communicated my overall goals? Confirm you are aligned on what you want to achieve.

The Ultimate Divorce Decree Checklist

Questions About Your Specific Divorce Case

How Will Assets Be Divided?

  • What is considered community property vs separate property in Nevada? Understand how this impacts division.

  • How will real estate, investments, and retirement accounts be divided? Details are key.

  • Are there business assets that need to be addressed? More complex assets require experience.

What About Debt and Bills?

  • How will joint credit cards and loans be handled? Don’t go it alone.

  • What about individual debts incurred during the marriage? Your lawyer can help negotiate who pays what.

Alimony Considerations

  • Am I eligible for spousal support? Your attorney can assess if alimony applies.

  • How is the duration and amount determined? Get estimates tailored to your situation.

  • Can I modify the agreement later if it needs to change? Understand your options.

Divorced parents meeting with lawyers to discuss child custody.
Child custody decisions should be made carefully with guidance from your divorce attorney.

Child Custody Issues

  • Should we pursue joint legal and physical custody? Your lawyer can advise what may work best.

  • How are visitation schedules and holidays typically handled? Know what a standard plan may look like.

  • If needed, can custody agreements be modified later on? Circumstances can change over time.

Child Support Questions

  • How are child support amounts calculated in Nevada? There are state guidelines to follow.

  • Who will cover health insurance and other child-related costs? Be sure these details are addressed.

  • Should we agree to contribute to college savings? Your lawyer can include this if desired.

Tax Implications

  • How should we handle tax filings during and after the divorce? Don’t overlook the tax impacts.

  • Who will be responsible for any joint tax liabilities? Avoid surprises down the road.

  • How are exemptions, deductions, and credits handled for the children? Optimize these tax considerations.

Timeline infographic outlining the steps in a Nevada divorce case.
This visual timeline summarizes the key stages and procedures in a typical divorce process in Nevada.

The Divorce Process in Nevada

Filing the Petition

  • What are the recognized grounds for divorce in Nevada? Understand what qualifies you to file.

  • What is the residency requirement for filing in Nevada? You must meet this threshold.

  • When is the divorce process considered officially started? After filing and serving papers.

Serving Your Spouse

  • Who can legally serve the petition on my spouse? Your attorney will handle proper service.

  • What options do I have if I don’t know my spouse’s location? You still have recourse to proceed.

Discovery and Documentation

  • What financial disclosures are needed from each spouse? Taxes, assets, debts, and income must be revealed.

  • What records or evidence can my lawyer request? This builds your case.

  • How is the documentation used in settlement negotiations? Leverage thorough preparation.

Divorcing couple participating in mediation to reach settlement.
Divorce mediation can help couples reach an amicable settlement agreement.

Reaching a Settlement

  • What mediation or arbitration options exist? This can expedite resolution.
  • Is a collaborative divorce process a good option? There are some benefits, but not for all.
  • Realistically, how long could it take to settle? Manage expectations.

Contested Divorce Litigation

  • What is involved in depositions and interviews? Be prepared if going to court.
  • How does litigation resolve disputes over assets, support, and custody? Understand the court process.
  • If there is no settlement, how long could contested litigation take? Know the timeline.

Finalizing the Divorce Decree

  • What happens when we finalize the decree with the court? Get clarity on the next steps.
  • How long will it take to divide assets per the agreement? This process takes coordination.
  • What makes the decree officially enforceable? Court approved and filed.

Changing Agreements Later On

  • If needed, can I modify support arrangements? Understand options for adjustments.
  • How difficult is it to change custody or visitation terms later? What steps are required?
  • Can I renegotiate aspects of the decree due to significant life changes? Some flexibility may exist.

Why You Haven't Hired a Las Vegas Divorce Attorney Yet

Watch this short video to take the next big step toward getting divorced.

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Breaking It All Down

Ask critical questions upfront to find the right divorce lawyer for your needs and goals.
Understand the divorce process, laws, and timeline – but know each case is unique.
Be thorough and transparent to create optimal agreements and avoid issues later on.
Your lawyer’s expertise and guidance each step of the way will give you confidence and peace of mind.

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Frequently Asked Questions

What if my spouse and I reconcile – can we stop the divorce process?

Yes, if you reconcile and both agree to end the divorce, you can file a stipulation with the court. It will dismiss the case. Inform your lawyer promptly if reconciliation occurs.

My spouse and I separated years ago but never filed for divorce. What is the process for filing now?

Even after being separated for an extended time, you will still need to formally file a petition. The divorce process and timeline are the same for you, no matter how long you have been apart.

We have a prenuptial agreement. How does that impact the divorce proceedings?

Prenuptial agreements can greatly alter the division of assets. During your divorce, they also influence the determination of support. The court will assess if your prenup is valid before enforcing the terms.

What happens if we can’t reach a custody agreement and have to go to trial?

If you cannot agree on child custody and visitation, the court will hear from both sides at trial. The judge will issue a custody order based on the child’s best interests.

How quickly can a divorce proceed if my spouse refuses to cooperate?

An uncooperative spouse will delay but not prevent a divorce. Your lawyer can advise you on options. You can request orders to force your spouse to provide documents or participate.

How are stock options and restricted stock units handled in a divorce?

Stock options and RSUs granted during marriage are community property in Nevada. They have value. Your lawyer will help determine the fair value to be split.

What about inheritance or gifts received during the marriage – are those separate?

Inheritances and gifts acquired during marriage by one spouse are usually that spouse’s separate property. They are not divided in the divorce.

The word "Glossary" in large, bold letters to mark the start of a section defining key terms and concepts.

Glossary

Community Property: In Nevada, property acquired during the marriage by either spouse is considered community property and subject to equitable division in a divorce. This includes assets like houses, cars, bank accounts, retirement funds, and some debts.

Separate Property: Assets owned by one spouse before the marriage or received by gift or inheritance during the marriage. Separate property is not divided in divorce.

Petition for Divorce: The initial legal filing with the court starts the divorce process. The petition must state the legal grounds for divorce and request the court dissolve the marriage.

Service of Process: The delivery of the petition for divorce and summons to the other spouse. This is required before a divorce case can proceed.

Discovery: The information-gathering phase of a divorce where each side discloses assets, debts, income, and other documentation. This often requires producing tax returns, bank statements, property appraisals, and financial records.

Depositions: Out-of-court interviews with parties and witnesses are conducted under oath to gather information for a divorce case. A court reporter records these, and the testimony can be used as evidence.

Collaborative Divorce: A process where spouses reach divorce agreements through cooperative mediation outside of court. Attorneys may be present but act as counselors vs adversaries.

Mediation: Using a neutral third-party mediator to negotiate divorce settlement agreements. The mediator facilitates discussions but does not decide outcomes for the parties.

Settlement Agreement: The written contract signed by both spouses detailing all issues agreed upon, such as asset division, support, custody, etc. This avoids contested litigation.

Contested Divorce: When spouses cannot agree and must litigate divorce, asset division, support, and custody issues before the family court for a judge to decide.

Decree of Divorce: The final court judgment legally granting the divorce. It includes all financial and custodial provisions the parties agreed to, or the court ordered if contested.

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Additional Resources for You

Here’s a reminder for our readers about the valuable resources created by our lead attorney, Molly Rosenblum Allen, Esq., to support you during challenging times:

  1. Las Vegas Divorce Attorney: Offering comprehensive guidance and legal assistance for divorce proceedings in Las Vegas. Explore More

  2. Nevada Divorce: A detailed resource providing insight into divorce laws and procedures specific to Nevada. Learn More

  3. Surviving Divorce: A supportive guide to help you navigate the emotional and legal complexities of divorce. Get Support

  4. What Happens If You Don’t Sign Divorce Papers: Understand the implications and your rights if you or your partner refuses to sign divorce papers. Know Your Rights

  5. Do I Need an Attorney to Get a Divorce: A helpful resource to decide whether legal representation is necessary for your divorce. Make an Informed Decision

  6. What is a Collaborative Divorce: Explore the concept of collaborative divorce and find out if it’s the right approach for your situation. Understand the Process

  7. How to Win a Divorce: Gain insights into effective strategies and legal advice for securing a favorable outcome in your divorce. Strategize Wisely

  8. Switching Lawyers During Divorce: Guidance on how and when it might be necessary to switch legal representation during your divorce. Ensure the Best Representation

  9. How Long Does a Divorce Take in Nevada: Get an idea of the timeline you might expect for divorce proceedings in Nevada. Plan Accordingly

  10. High Conflict Divorce: Learn how to navigate the turbulent waters of a high-conflict divorce with legal and emotional strategies. Manage Conflict

We encourage our readers to utilize these resources to find the support and guidance you need during your time of need. Molly Rosenblum Allen, Esq. is committed to providing professional and empathetic assistance through every step of the process.

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Offsite Resources for You

American Academy of Matrimonial Lawyers – https://aaml.org/
AAML is an association of top divorce attorneys in the U.S. They offer a directory to search for lawyers.

Nevada State Bar Association – https://www.nvbar.org/
The State Bar of Nevada licenses attorneys and handles complaints and discipline. Verify a lawyer’s standing.

WomensLaw.org – https://www.womenslaw.org/
Provides state-specific legal information and resources for domestic violence, divorce, and family law issues.

Lawyer Referral Service of Nevada – https://www.nvbar.org
Bar Association sponsored service that refers Nevadans to licensed attorneys by area of practice.

Nevada Legislature – https://www.leg.state.nv.us/
Official site to search Nevada divorce laws, statutes, and legislation.

Clark County Courts – https://www.clarkcountycourts.us/
The Eighth Judicial District Court of Nevada handles divorce filings and hearings for Las Vegas.

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A Special Message from Our Lead Attorney, Molly Rosenblum Allen, Esq

Headshot of Molly Rosenblum Allen, attorney at law, with long blond hair and wearing a black blazer. Molly Rosenblum Allen is the founder and managing attorney of Rosenblum Allen Law.

Dear Reader,

Thank you for reading these detailed resources. They cover finding the right divorce lawyer. They also cover navigating the divorce process in Las Vegas. This is understandably an overwhelming and emotional situation for many people.

We guide clients through Vegas divorces from start to finish. My team and I know this process inside and out, and we approach each case with compassion.

If you feel we are a good fit for you, please call our office at (702) 433-2889. You can schedule an initial meeting. This will allow us to learn about your goals. We will advise you on your options. And, we will discuss how we can aggressively protect your interests.

I wish you the very best moving forward. These resources have helped you feel empowered. They gave you valuable insights and knowledge during this tough transition. We’re here to help every step of the way.

Sincerely,

Molly Rosenblum Allen, Esq

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