Divorce
Divorce is a life-changing decision, one that is never made lightly. It is no wonder that research has shown divorce ranks among the most difficult life events, along with the death of a loved one, a serious illness, and the loss of a job. Divorce requires accepting that in spite of our best efforts the divide between our dreams of marital bliss and the reality of our day-to-day lives was too great to manage. If you are facing a divorce, know that it does not represent a personal failure and that countless men and women have been through the same ordeal. Many people find enormous relief, and even new love and peace of mind, once they put a bad marriage behind them.
Divorce is often complicated by financial issues, including debt, unequal earnings, and the division of property, which includes real estate and any other items of value. Of course, when children are involved, divorce is also complex, requiring custody and support agreements that ensure their safety and wellbeing, and that their financial and emotional needs are met. Other complicating factors can include infidelity, a spouse bent on revenge, manipulation, and even abuse.
Protect Your Interests During a Divorce
It is essential that you protect your interests during this difficult time. You owe it to yourself and your family to speak with a trusted attorney experienced in Nevada family law before you discuss details of any separation or custody agreement. It will likely save you the headache and heartache of more arguing and rehashing of the past.
With more than 60 years of combined experience, the family law team at Whitehead & Burnett can help ensure that your divorce is resolved quickly and fairly and that any agreements that are reached are binding and enforceable. We can help you navigate this difficult process and emerge from your divorce ready for the new life that awaits you and your family.
The quality of your post-marital life depends on it. Let our experienced team work to protect you. The right attorney can help to speed up the process and even help to reduce the pain and anger of divorce and help both sides come to an acceptable agreement.
Laws Governing Divorce in the State of Nevada
No-Fault Divorce in Nevada
Nevada is a no-fault divorce state. This means that the spouse who files for divorce does not need to prove that the other spouse was in any way at fault. They just need to state the spouses are no longer compatible.
Assets, Marriage and Community Property
Nevada is also a community property state, which means that all assets acquired by either spouse during the marriage–with a few exceptions–are communally owned by both spouses. This includes earnings and debt associated with either spouse.
Complicating Factors in Nevada Divorces
There is a wide range of challenging issues that can arise in divorce cases. Below are a few.
Jurisdictional Issues
These arise when one party lives in a different jurisdiction than the other estranged spouse, or moves out of their former shared jurisdiction. The County Court of residence typically handles family law cases, so jurisdiction must be determined for divorce and other related proceedings.
Issues Related to Children
These issues can include custody, visitation or support, agreements about which must be clear, thorough, and equitable. Difficult agreements must be reached at the time of a divorce to ensure children’s health insurance, educational costs, and other needs are met. Agreements can be especially challenging when they relate to children with special needs or move-away agreements in which one parent is relocating. If you are a parent navigating a divorce in Nevada, you owe it to your family to speak with a skilled, compassionate divorce attorney who can help you navigate these challenging issues and protect your interests.
Property or Debt Issues
Often one spouse may feel entitled to more than their share of assets or not want to take responsibility for debts at the time of a divorce. The need to sell a family home or other major assets can complicate matters as well. A skilled attorney can help you navigate this difficult transition so you can secure your financial future and focus on rebuilding your life.
Alimony or spousal support in Nevada
Nevada law allows courts to award several types of alimony — also called spousal support — in a divorce case. Whether or not, and at what levels, a judge awards alimony depends significantly on the facts and circumstances of the individual case and how they are presented to that judge. It is, therefore, so important to have an experienced Nevada family law attorney advocating on your behalf.
Alimony is financial support for a spouse awarded during or after a divorce case. The court can award support to either spouse, but neither spouse has an explicit right to alimony under Nevada law. The court makes determinations about alimony separately from decisions relating to the division of community property. However, asset division and property division may affect the court’s decision on awarding alimony, so the two issues are closely related.
Under Nevada law, alimony can be awarded as a principal sum or specific periodic payments. Courts take into account a broad range of factors when deciding alimony, including:
- Financial situation and property of each spouse
- Duration of the marriage and standard of living during the marriage
- Income, earning capacity, age, and health of each spouse
- Property received in the divorce
Types of Alimony in Nevada Divorce Cases
A judge may award temporary spousal support while a divorce case is pending that ends when the divorce case concludes. At the conclusion of the divorce case, the court may award permanent alimony, either as a lump-sum payment or as periodic payments in a specified amount. A judge may provide that the periodic payments end after a certain time or continue indefinitely.
Nevada courts also have the authority to award rehabilitative alimony to enable a spouse to obtain training or education relating to advancing one’s career. In deciding whether to award rehabilitative alimony, judges consider whether one spouse put their education on hold to meet the needs of the family during their marriage, or if one spouse acquired skills or education during the marriage and received support from the other spouse during that time. If rehabilitative alimony is ordered, the recipient spouse is required to begin the training or education program within a specific time period. Nevada law details what types of costs and expenses may be included.
Procedural and Cost Issues
Finding the time and funds to navigate a divorce in our busy lives can be difficult. Attending and preparing for hearings. Those facing divorce often falsely believe that an attorney is too expensive. But hiring a competent attorney not only protects your interests but can lead to a much faster resolution of your divorce. Unless you and your estranged spouse are completely on the same page about the split and how to move forward, the process of self-representation can be difficult and time-consuming and mediation can prove fruitless, even in a no-fault divorce. A skilled attorney can protect your interests while saving you time and money over the long run.
Call Whitehead & Burnett Today
Each divorce carries its own difficulties and complications, and the right divorce attorney can help to guide you through each of them. At Whitehead & Burnett, our skilled family law team can help you reach a settlement in which assets, debts, and financial and other responsibilities are split equitably and acceptably between both parties. Dealing with divorce means dealing with complex issues of family law and court procedures that vary greatly from county to county. At Whitehead & Burnett, we are here to guide you through these processes and laws as efficiently as possible. Call and schedule a free consultation. An attorney will answer the questions certain to give you peace of mind at a most difficult time.
