|Las Vegas Divorce Attorneys
| If you are going through a divorce, the Family Law Offices of “Insert Attorney Name” in Las Vegas are here to help you. Our attorneys will give you the high-quality attention that you need at this devastating time. You will need an experienced attorney who is knowledgeable of the divorce laws in Las Vegas.
Types of Divorce in Las Vegas Nevada
You and your spouse cannot come to an agreement on any of the issues. Nevada is a "No-Fault" state; you cannot contest the dissolution of the marriage.
You and your spouse are in agreement on all issues. These are usually easy, quick and less expensive than a contested divorce.
In most cases, Las Vegas courts consider the best interests of the children and will award joint physical custody to the parents, giving them each equal rights to their children. The courts want to make sure that the minor children have a continuing relationship with both parents.
Nevada child custody laws are governed by Nevada’s Uniform Child Custody Jurisdiction Act.
- Considers the state where the child has lived for at least 6 months
- Makes sure one parent and the child have family and/or friends.
Las Vegas’ Clark County District Court offers a mediation program. This program deals with:
- Child custody - visitation and holiday schedule
- Both parents agree to a custodial arrangement
- If an agreement is reached, the mediator will prepare a Parenting Plan
- Parents must sign and then judge will sign
- If agreement cannot be reached, a trail will be held and the District Court Judge will determine the outcome
Nevada Law requires that a parent wanting to relocate with children must get written consent from the other parent or the Court before leaving the state.
- Nevada child support is calculated by using the gross monthly income of you and your spouse.
- If you are requesting financial help, you must complete and file an Affidavit of Financial Condition (AFC).
- This statement shows the court your monthly income, obligations, debts and assets.
- Also under consideration is the type of custody arrangements you have.
- The percentage used to determine child support is according to how many children you have:
- 1 child = 18%
- 2 children = 25%
- 3 children = 29%
- 4 children = 33%
- each additional child = 2%
- Per the Nevada Revised Statutes, the court can increase or decrease child support according to how many children you have, if there are special needs, health insurance, child care, etc.
Most Las Vegas divorce cases will award alimony. Alimony payments are made in specific amounts and paid over a specific period of time.
Alimony is determined by:
- The length of the marriage
- The ages, health, and earning capacities of each party
- The financial status of each party after the divorce
Nevada is a community property state. Property settlements include tangible and intangible assets.
Tangible Assets – Physical Assets
- Banks accounts
- Vehicles – includes boats
- Own a businesses
- Financial - investments, stocks, pensions, 401Ks, IRAs, etc.
- Stock options
Prior to Marriage
Assets owned before the marriage took place and have been kept sole and separate during the marriage, will be considered sole property of that spouse.
However, sole property that has increased in value during the marriage can be considered community property.
This is a very stressful time in your life and the lives of your family. An experienced attorney at the Family Law Offices of “Insert Attorney Name” in Las Vegas will make your life much easier.
Our goal is to provide you with aggressive representation. We have the experience and determination to get you through this so you can get on with your life.
In Las Vegas you must following these steps to initiate a divorce:
- File a Complaint – stating what you want from the divorce, such as child custody, support, alimony, property, etc.
- Summons issued by the Clerk of the Court
- Joint Preliminary Injunction (JPI) issued by the Clerk of the Court – both parties are not allowed to deplete community assets or incur anymore debts
- Personally serve the Summons, JPI and Complaint on your spouse by a third party
- After serving papers - file an Affidavit of Service with the Clerk
- Affidavit of residence witness – proves that you are a resident of Nevada
- If your spouse does not agree to all the terms, he or she must file an Answer and Counterclaim
- You will then file a Reply to Defendant's Counterclaim - admits or denies the requests
- An early case conference ("ECC") is Notice
- At the ECC - allegations will be discussed
- A Joint Case Conference Report ("JCCR") will be filed – states issues resolved and not resolved
- Once the JCCR is filed with the Court, discovery begins. Discovery is:
- Interrogatories (questions to be answered)
- Requests for documents
- An evidentiary hearing will be set if child custody issues have not been resolved.
- If all child custody issues have been resolved, the court will set a trial date to discuss financial matters.
- After trial, a Decree of Divorce will be prepared which outlines all the terms of the divorce.
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