If you are filing for divorce in Las Vegas or your spouse has filed a divorce complaint in Clark County, you need to make sure that all your rights and interests are protected. While the legal process of ending a marriage is not complicated, other important issues need to be resolved before a Nevada court will finalize a divorce, including property division; child custody, visitation, and support; and alimony or spousal support.
The Gersten Law Firm has the experience and skill to help you navigate through your divorce. With experience in family law matters and an investigative background, Attorney Joseph Gersten has the analytical and courtroom skills to ensure that your interests are fully protected. Your initial consultation is always free-of-charge.
The residency requirement for filing a divorce complaint in Nevada is six (6) weeks. As long as one of the spouses has resided in the state for that period of time and intends to remain in the state indefinitely, the requirement is satisfied.
Nevada is referred to as a “no-fault” state for divorce. Most divorces in Nevada are granted on the basis of incompatibility or because the parties have been living separate and apart for at least one (1) year. Wrongdoing by one spouse does not factor into whether the divorce will be granted. However, if the court ends up dividing property or awarding alimony, the conduct of the two spouses may be taken into account in the determination.
In some cases, a divorce decree can be obtained by one spouse filing the complaint, as long as the other spouse is served and does not answer or object. A complaint can also be filed jointly by the spouses. In those cases, the divorce is considered to be uncontested. In addition, under specific circumstances, a divorce can be obtained if the other spouse cannot be found.
A divorce can be obtained fairly easily if the spouses are able to agree on all the terms of the divorce. However, if there are disagreements about property division, financial disputes over alimony, or unresolved issues relating to custody, visitation, and support of children, the divorce becomes contested, and the process can take much longer.
If the spouses cannot agree on all the issues related to the divorce, the court will decide those issues after holding a hearing. Nevada courts resolve divorce issues according to applicable laws, which give the courts authority to consider a variety of factors in determining a resolution.
While it is always best if spouses can agree on all the issues related to divorce, sometimes agreement just cannot be reached. In that case, attorneys for the parties will try to negotiate a resolution that is acceptable to both spouses. When those efforts fail, the court will make the necessary determinations after holding a hearing and weighing all the evidence.
Nevada is a community property state. Generally, any property acquired and assets earned during a marriage belong equally to both spouses, unless a prenuptial agreement provides otherwise. Division of the community property must be decided before the court will finalize the divorce degree. If spouses cannot agree, the court will determine division of the marital property after taking into account all relevant considerations, including the state's community property laws.
Courts in Nevada have the authority to award alimony or spousal support as part of a divorce. Whether a court will award alimony depends entirely on the circumstances of each individual case.
When a couple has children, all custody, visitation, and child support issues must be resolved before the court will finalize the divorce. In Clark County, divorcing spouses with children are required to attend a COPE class offered by an approved provider. The goal of requiring COPE classes is to help the parents focus on the needs of the children and work together for the benefit of the children in spite of the circumstances of the divorce.
Nevada has specific guidelines relating to child support that will be applied in determining the specific amount of child support, after custody and visitation are established by the spouses or determined by the court. There are also specific laws that apply to custody and visitation determinations.
A contested divorce involves a myriad of factual and legal issues relating to property, finances, and children. Having an experienced, knowledgeable divorce attorney represent and advise you is essential to safeguarding your interests when disagreements make it impossible to reach agreement on divorce terms.
If you are considering filing for divorce or your spouse has filed for divorce in Las Vegas, Henderson, or elsewhere in Clark County, Las Vegas divorce attorney Joseph Gersten is here to help. Attorney Gersten approaches all family law matters with sensitivity and compassion. He understands the difficulty and emotional stress that accompanies any legal matter relating to a marriage and a family. He will evaluate your case based on his extensive experience and skill, explain the divorce process, and ensure that your rights and interests are protected.
Your initial consultation is free-of-charge. Call 702.857.8777 or complete our online form to schedule an appointment.