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Divorce Attorney Las Vegas Residents Trust
Decades ago, the topic of divorce was a sore subject and often looked down upon. However, the most recent data from the United States (2022) reveals that 50% of married couples divorce, the sixth-highest divorce rate in the world. Even more surprising, subsequent marriages have an even higher divorce rate: 60% of second marriages end in divorce, and 73% of all third marriages end in divorce. Although divorce is common in Las Vegas, it’s crucial to understand all aspects of the process and proceed with caution. Working with a high-quality family law firm that specializes in divorce cases will provide you with the best results for not just you, but your entire family. At Spartacus Family Law, we understand how stressful this time can be on an entire family. That’s why we make it our mission to protect your family now and in the future when proceeding with a divorce. Call our office today to speak with our Las Vegas divorce attorney for a consultation and to learn more about how we can help.
Types Of Divorce Actions In Nevada
In the state of Nevada, there are two different types of divorces, uncontested and contested. Both vary drastically and require different approaches for the best results. Especially in contested divorce cases, you must be prepared to defend your rights, property, and loved ones. Although an attorney is not always necessary, a qualified Las Vegas divorce lawyer will present you with the best opportunity for a favorable outcome in your divorce.
Contested Divorce vs Uncontested Divorce
Uncontested divorces, otherwise known as a joint petition in Nevada, do not require a court hearing to be granted and therefore, are much faster and less expensive. Similarly, you can handle uncontested child custody issues the same way. Uncontested divorces typically take two to three weeks to be resolved, which may vary depending on your situation. Nevada Revised Statute (NRS) 125.181 provides the mechanism to obtain an uncontested divorce and the requirements. Simply put, an uncontested divorce is suitable when the couple agrees on every aspect of their separation such as:
Even if you and your spouse are able to agree on every aspect of your divorce, you should consult with legal counsel to make sure that your divorce paperwork is complete and that it contemplates various situations that may arise in the future, especially if there are children involved. Alternatively, a qualified Las Vegas divorce lawyer can efficiently and effectively draft the necessary documents to memorialize you and your spouse’s agreements while anticipating situations that may cause issues after your divorce.
On the other hand, a contested divorce is when you and your spouse are not unable to agree to all of the terms of your divorce, including how the assets will be divided, whether you will have joint or physical custody of the children as well as the specifics of visitation/timeshare, and the amount of child support and alimony, if warranted. Contested divorces can be extremely messy and are rarely concluded in less than five months, especially if the assets involved are particularly complex.
Division Of Property In A Divorce
One of the biggest questions in any divorce is, how will my assets be divided? Nevada is a community property state. NRS 123.220. Nevada is among eleven states that apply community property principles. Most states have legislated equitable distribution laws, but as of 2022, Nevada isn’t one of them. Under Nevada community property laws, a judge splits a couple’s property equally in a divorce. The different types of assets divided can include:
Separate Property Or Separate Debt
Although Nevada is a community property state, there is a distinction made between assets and debts obtained before the marriage and assets/debts obtained or contributed to during the marriage. However, it is not as cut and dried as that. Sometimes, a person may own property prior to marriage but payments are made on that property after the marriage, meaning that although the property may be separate, the community may have a claim for reimbursement of monies spent on the separate property, NRS 125.150(2). Some types of property acquired during the marriage are usually deemed to be the separate property of one party and will not be subject to division during the divorce absent comingling with other community property or some other transmutation, NRS 123.130. Some examples of Separate Properties include the following:
It’s important to understand that in Nevada, there is a presumption that all property acquired during a marriage is community property. However, the case of Forrest v. Forrest, 99 Nev. 602, 668 P.2d 275 (Nev 1983) makes it clear that the presumption can be overcome with clear and convincing evidence. Having a skilled Las Vegas divorce lawyer in your corner can ensure that your rights and assets are protected during a messy divorce.
Alimony During And After Divorce In Las Vegas
There are two types of alimony in Nevada, general and rehabilitative. NRS 125.150(9) & (10). General alimony is money paid by one party in a divorce to ensure that the other party continues to exercise the standard of living they were accustomed to during the marriage. Rehabilitative alimony is money paid by one party to the other to obtain the education and skills required to reenter the job market and secure employment to make a comfortable living on their own. However, in certain circumstances, a Nevada court can award a combination of general and rehabilitative alimony for a set period of time after which rehabilitative alimony payment will stop or be decreased over a certain amount of time.
When Is Alimony Awarded?
Alimony can be granted during the time the divorce proceedings are progressing through the Nevada court system or at the time the divorce is concluded. NRS 125.040 and NRS 125.150. However, there are different factors that may determine the timing, amount, and duration. For example, if the divorce has been preceded by legal separation, the court may decide to continue the alimony payments made under the separation agreement or modify the terms and the payment of alimony at its discretion.
How Much Alimony Will I Have To Pay If I Get Divorced?
The goal of alimony is to keep one spouse from becoming impoverished; when you got married, in the eyes of the law, you promised to financially provide for your spouse. And, although, you have the right to get divorced, you must fulfill that original promise of support to the extent required by law. The amount of alimony, if appropriate, is decided on a case-by-case basis and based upon a handful of factors such as projected income, the standard of living, the amount of property owned, and the ability to handle the burden of alimony payments. NRS 125.150(9) and Sprenger v. Sprenger, 110 Nv 855, 878 P.2d 284 (Nev. 1994), There is no formula to figure out what amount is appropriate if any, and an award of alimony can place a significant financial burden on the paying party. In addition, while alimony is usually modifiable upon a change of circumstances, that is not always the case. NRS 125.150(12). Further, there may be tax consequences associated with the payment or receipt of alimony that may or may not be favorable to you. For these reasons, it’s incredibly important and highly recommended to contact a Las Vegas divorce attorney right away to avoid unfair terms in a divorce.
Nevada Residency Requirement For Divorce
In Nevada, if you wish to file for divorce one party must reside in Nevada for at least six weeks before filing. NRS 125.020. Additionally, a divorce in Nevada requires a resident witness for the divorce to be valid. A resident witness is another Las Vegas citizen who signs the document stating that the party has lived in Nevada for at least six weeks. NRS 125.182(3). If one party is presently in the military, and if the state of record or military home state is Nevada, then the divorce can still be filed in this state even if one or both parties currently live in another state or outside of the United States. Military divorces can be tricky and it’s best to work with a family law attorney who specializes in military divorce.
Frequently Asked Questions
If I Get Divorced Will I Lose Custody Of My Child?
One of the biggest obstacles in a divorce is child custody. In Nevada, the best interests of the child are the sole consideration. NRS 125C.0035. The simplest scenario, and the one that is preferred in Nevada, is where parents share both legal and physical custody of their child in a “joint custody” divorce agreement. NRS 125C.0025. Essentially, this means that the child will spend substantially equal time with each parent following the divorce. However, in certain situations, one parent is granted custody and the other parent only has visitation rights due to an agreement between parents or if the court deems it to be in the best interest of the child. There are numerous considerations in determining the best interest of the child. NRS 125C.0035(4). If you’re in a heated divorce and fear you may lose custody of your child or children, contact the divorce attorney Las Vegas residents trust at Spartacus Family Law today.
How Long Do You Have To Be Separated Before Divorce in Nevada?
Unlike other states, Nevada does not require a couple to undergo a separation period before they’re allowed to legally divorce. However, living separately for at least one year may be listed as grounds for divorce when filing the document. There are several nuances when it comes to this topic, that’s why it’s recommended that you be represented by an experienced Las Vegas divorce attorney who has your family’s best interest in mind.
How Long Does It Take To Get a Divorce in Las Vegas?
The timeline for a divorce in Nevada can vary drastically depending on the complexity of your situation. For example, getting a divorce in Nevada can take anywhere from a few weeks to many months to complete. The amount of time it takes depends on multiple factors, but the most important factors to consider are:
Contact Our Las Vegas Divorce Attorney Today
It’s common for many people to believe the misconception that only one side can “win” a divorce, this is untrue. In fact, this attitude can lead to bitter arguments, disagreements, and a costly lack of cooperation from both parties. At Spartacus Family Law, we understand that your family means everything to you. That’s why we always consider all options and exhaust every resource before advising our clients to take legal action. If you’re in the midst of a messy divorce, contact our Las Vegas divorce attorney today for a consultation to learn more about how we can help you and your family.