Las Vegas Divorce Lawyers
Serving the Areas of Clark County Including Las Vegas, North Las Vegas, Henderson, Overton, Moapa Valley, Mesquite, and Laughlin.
Deciding to file for a divorce can be a scary and unsettling experience. Before filing, you should take certain steps to educate yourself about the process and make the appropriate plans for each stage of the case. Our trusted Las Vegas divorce lawyers can help.
The decisions that you make in the divorce case can impact every aspect of your life including where you will live, what happens to your assets and debts, how you will care for your children, and how you will spend your money.
Contact our highly experienced Las Vegas divorce attorneys at Mills & Anderson to discuss your case. During the initial consultation, an attorney can help you understand the stages of a divorce and the decisions you will make at each stage. We represent both men and women in cases throughout Clark County including Las Vegas, Henderson, and North Las Vegas, Nevada.
Call (702) 386-0030 to schedule a consultation with one of our experienced Las Vegas divorce attorneys to discuss the facts of your case.
Resolving the Temporary Divorce Issues First
One of the most important decisions you will make is how to divide the assets on a temporary basis immediately before the divorce is filed. The temporary issues also include those issues that arise while it is pending but before the divorce is finalized.
Temporary issues can include who will live in the primary residence, where the other spouse will live, how the money in bank accounts will be divided at the onset of the case, how the reoccurring bills of the household will be paid, and how much temporary child support and spousal support will be paid each month while the case is pending. Those initial decisions made early in the case can have a huge impact on how the issues are ultimately resolved.
Our skilled and knowledgeable Las Vegas divorce lawyers will help you make all of the preliminary decisions in the case. Deciding those issue fairly might ultimately help you prevent waste, save money and preserve the assets that you and your family worked so hard to accumulate during the length of the marriage.
Who is Eligible to File for Divorce in Nevada
Before filing for divorce in Nevada, one or both of the spouses must have lived in the State of Nevada for at least six (6) weeks before the action is filed and the person must have the intent to remain here indefinitely. In other words, to file for divorce in Nevada, either the husband or the wife must actually be a resident of Nevada.
The issue of venue is also important. The action must also be filed in the correct county within Nevada, which is usually the county where the defendant lives. If the wife is filing for divorce from the husband, and the husband is a resident of Nevada residing in Las Vegas in Clark County, NV, then the action is properly filed in Clark County, NV. Having proven and knowledgeable divorce lawyers in your side will help you through this difficult time.
Civil Unions and Domestic Partners in Same-Sex Relationships
Like many other states, Nevada has adopted statutes recognizing civil unions – including same-sex partners – as an alternative to marriage. As a community property state, Nevada has provisions allowing for couples, including same-sex couples, to become “domestic partners.” Under Nevada law, two individuals, including two same-sex partners, may register as domestic partners. As registered domestic partners, the two adults are subject to state community property laws, in the same way, was married couples. Nev. Rev. Stat. § 122A.200.
Therefore, registered domestic partners in Nevada must split community property income on their separately filed individual federal income tax returns. Registered domestic partners, however, may not file joint returns. Also, community property owned by registered domestic partners may be subject to the same tax collection remedies as community property owned by married couples in Nevada.
The Residency Requirement in a Nevada Divorce
In order to file in the State of Nevada, one party must reside in Nevada for at least six (6) weeks prior to filing. Additionally, a divorce in Nevada requires a “Resident Witness.” This witness is another resident who signs the document stating that the party has lived in Nevada for at least six (6) weeks.
If one party is currently in the military, and if the state of record or military home state is Nevada, then the divorce can be filed in this state even if one or both parties currently reside in another state or outside of the United States. Read more about the military divorce in Las Vegas, Clark County, NV.
Grounds for Divorce under Nevada Law
The State of Nevada is considered a “no-fault” divorce state. Under the “no fault” theory of divorce, the person filing does not have to prove fault. Instead, the person only needs to claim that the parties are no longer compatible and that there is no chance of reconciliation. Other grounds exist, although they are rarely used in the State of Nevada.
To discuss these matters or any other family law matter please get in touch with our helpful and highly skilled Las Vegas divorce attorneys at Mills & Anderson.
Types of Divorce Actions in Nevada
Nevada law provides for two different types of divorces – the joint petition for divorce (often called the “uncontested divorce”) or the separately filed complaint about divorce (often called the “contested divorce”). In an uncontested divorce case, the parties can file for divorce together in a “joint petition for divorce.” These cases are approved more quickly. In many cases, the parties do not need to appear in open court in front of the judge.
When the parties do not agree on all of the terms of the divorce, then one party will file a “complaint about divorce” and have the complaint served on the other spouse. Either the husband or the wife can file the “complaint about divorce.”
The person who files for the divorce in Nevada is designated as the “plaintiff.” The other spouse that must respond to the complaint is designated as the “defendant.” After being served with a complaint about divorce in Nevada, the defendant will file an “answer.” In most cases, the defendant will also file a “counterclaim for divorce.” A “counterclaim for divorce” is appropriate when the defendant also wants a divorce.
After the complaint, if filed by the plaintiff and served on the defendant, the Court will schedule several hearings to make sure the case is progressing towards a fair resolution. Hearing can be set to ask the Court to decide temporary issues of child support, visitation, and spousal support.
If you have questions about these or other divorce action please get in touch with our Las Vegas divorce attorneys to discuss your case.
Frequently Asked Questions (FAQ) about Divorce
What are grounds for divorce in Nevada?
Nevada is a “no-fault” divorce state, meaning that you don’t have to prove that either spouse did anything wrong to ask for a divorce. While some states might require you to show your spouse cheated, had a drug problem, was impotent or treated you in a cruel manner, this isn’t necessary in Nevada. You will simply claim in your divorce complaint that you and your spouse are no longer compatible and there is not a chance of reconciliation.
How long will it take to get a divorce in Nevada?
There are certain time periods that must usually be met before you can get a divorce in Nevada. One is the residency requirement. Either you or your spouse must have resided in Nevada for at least six weeks before you can request a divorce. After you file your divorce complaint, your spouse has 21 days to respond to it.
The amount of time it takes to get a divorce depends on a number of factors, such as whether you know where your spouse is, how your spouse must be served and whether you have to file by publication. Also, summary divorces are usually faster than a formal divorce. If you have children or complex assets, the divorce process can take longer. The court’s caseload also impacts the length of divorce.
Generally, if you and your spouse agree on most of the key terms of your divorce, the case goes faster. The more unresolved legal issues there are, the longer the case will probably take. Divorce in Nevada generally takes between a few weeks to four months for uncontested divorces and longer for contested divorces.
What legal issues are resolved in a Nevada divorce?
A Nevada divorce can resolve issues related to the division of property and debt, alimony, child custody, and child support.
How much will my divorce cost?
While this is one of the most common questions we get, it’s one of the most difficult to answer. The amount the divorce costs will depend on a number of specific factors relevant to your case and situation, so we can’t throw out a random number. Some factors that can affect the total cost include: whether you need to locate a missing spouse, whether the case is contested, how complex your assets are and whether there are child custody or alimony issues to deal with. You must also factor in the filing fee.
At Mills & Anderson, we are committed to helping you end your marriage at an affordable rate. Our clients often pay much less than their spouse has to pay with another firm. During our initial consultation, we can discuss an estimate of what your divorce might cost, based on your specific circumstances.
How can a divorce attorney from Mills & Anderson help me?
The Las Vegas divorce attorneys at Mills & Anderson have a wealth of knowledge with over 40 years of collective experience. We are familiar with the relevant laws and courts and know how to prove your case. We can help you avoid costly mistakes that may negatively affect your case. We provide each and every one of our clients with zealous legal representation. We devise a customized legal strategy that considers the strengths of your case and focuses on what is in your and your family’s best interest. We can aggressively advocate for your interests in and out of the courtroom.
Can the Facts of the Case Remain Private?
For the most part, the parties in the divorce case to not want to air their dirty laundry in public. When the case is initially filed, it is a public record. Typically, anyone can go to the clerk’s office and obtain a copy of the filings or orders issued in the case.
At the end of the case, your attorney can request that the Court seal the case file so that the contents are no longer public records. Your attorney will file a “Request and Order to Seal File” for this purpose. The parties must then wait for the request to be approved by the Court.
Issues to be Resolved in a Divorce
Under Nevada law, several different issues will be decided in the divorce case. Those issues decided in a Nevada divorce include the division of property and debts, whether either spouse will receive temporary alimony or support from the other spouse, child custody, child support, and child visitation or time-sharing.
In most cases, the parties will come to some agreement on how these issues are resolved. If the parties cannot agree then the Court will make the final decision for the husband and wife.
Alimony and Spousal Support
There are four different types of alimony in Nevada:
- Temporary alimony – This type of spousal support is awarded only while the divorce case is pending.
- Permanent alimony – This type of alimony continues without an express expiration date. It continues to be paid until the death of either party or remarriage by the spouse receiving it.
- Term alimony – This type of alimony does have a set expiration date. It may expire on a specified date or when a certain event occurs.
- Rehabilitative alimony – Rehabilitative alimony provides financial support to a spouse while he or she obtains training or education to become self-supporting.
Alimony may be paid in a lump-sum payment or through periodic payments.
By Nevada law, alimony comes in different forms, including a lump-sum payment or periodic payments.
When making decisions regarding alimony – including whether to order it, what type to order, and how much support to order – the court considers these 11 factors:
- The length of the marriage
- The type and value of each spouse’s property
- The contribution each spouse made to their property
- The age, health, income, and earning capacity of each parent
- The physical and mental condition of each spouse as it relates to their financial position
- Each spouse’s financial condition
- The standard of living the parties enjoyed during the marriage
- The career the spouse, who would receive alimony, had before the marriage
- Whether either spouse has specialized education, training, or marketable skills
- Whether either spouse acted as a homemaker
- The property award made by the court
Determining Child Custody, Visitation and Support
If the parties have minor children in common, then the divorce action will include issues of legal custody, physical custody, child visitation, and child support. Child custody issue can also include requirements that the parents maintain life insurance for the benefit of the minor child and requirements related to maintaining health insurance for the children.
Division of Property
The State of Nevada is considered to be a “community property” state. In a community property state, the property and debts acquired during the marriage are presumed to belong to the husband and wife equally. For that reason, during the divorce, the community property is generally divided equally. The different types of assets divided during the divorce can include:
- cash on hand;
- the money in various bank accounts;
- stocks and bonds;
- the primary residence;
- vacation homes;
- commercial real estate;
- ownership in a business;
- retirement accounts; and
- personal property including clothing, furniture and furnishings.
The different types of debts can include:
- personal loans;
- student loan debt;
- credit card debt;
- vehicle or car loans; and
- tax debts.
Separate Property or Separate Debt
Under Nevada law, a distinction is made between assets and debts obtained before the marriage and assets and debts obtained during the marriage. Some types of property obtained during the marriage are also considered to be separate property of one spouse that is not divided during the divorce including:
- an inheritance;
- a personal injury award;
- a disability award; or
- certain types of gifts.
Be aware that Nevada law generally recognizes a presumption that all property acquired after marriage is community property and the presumption may only be overcome by clear and convincing evidence. See Forrest v. Forrest, 99 Nev. 602, 604-05 (1983).
Finding a Lawyer
If you are considering filing for divorce or if you were just served with divorce papers, contact an experienced divorce lawyer, at Mills & Anderson. Our knowledgeable and proven lawyers will help you determine what property and debts should be considered separate property. The attorney will also help you determine the best way to divide the community property accumulated during the divorce. our lawyers will also help you with child support, custody, and visitation issues. Call our office to speak with our experienced divorce lawyers about the unique facts of your case.
Also, find out effective strategies to resolve those issues fairly before trial or during mediation. Our dedicated Las Vegas divorce lawyers represent clients throughout the greater Las Vegas Metropolitan area and the surrounding areas of Clark County, Nevada including North Las Vegas and Henderson, NV.
During the initial consultation, our Las Vegas family law attorneys can also talk with you about other issues in the divorce such as alimony, spousal support, child support, and child custody. Contact us to discuss your family law questions and let us help you find the best solutions for your family.