Las Vegas Divorce Lawyer

One of the most important decisions you will make is how to divide the assets temporarily immediately before the divorce is filed. The temporary issues also include those issues that arise while the case is pending but before it’s 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 divorce lawyers in Las Vegas will help you make all of the preliminary decisions in the case. Deciding those issues 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, either the husband or the wife must 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 a trusted divorce attorney on 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, were 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

To file in the State of Nevada, one party must reside in Nevada for at least six (6) weeks before 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 military divorce in Nevada.

Grounds for Divorce Under Nevada Law

The State of Nevada is considered a “no-fault” divorce state.

Under the “no-fault” theory, 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 legal matters please get in touch with our helpful and highly skilled divorce lawyers at Mills & Anderson.

We know that a divorce isn’t just a legal process—it’s a personal journey. Our team is here to provide guidance and compassion, helping you rebuild and look ahead to brighter days. Contact us today.

Types of Divorce Actions in Nevada

Nevada law provides for two different types of divorces – the joint petition (often called “uncontested”) or the separately filed complaint about divorce (often called “contested”). In an uncontested case, the parties can file together in a “joint petition.” 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, 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.

The person who files 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 in Nevada, the defendant will file an “answer.” In most cases, the defendant will also file a “counterclaim for divorce.” A counterclaim 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 any questions, please get in touch with our Las Vegas divorce attorneys to discuss your case.

Nevada Divorce Issues to be Resolved

Under Nevada law, several different issues will be decided in the divorce case, which includes 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

An experienced family law attorney can help you apply these factors to your case as you work to prove to the court whether and to what extent alimony should be awarded as part of your divorce proceedings.

Whether you’re seeking or negotiating alimony, we understand the importance of financial stability. Let’s work together to find the best path forward. Reach out to us today: (725) 999-6468.

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 issues 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.

Child Custody Determinations

There are two types of custody in Nevada: 

• Legal Custody – When a parent has legal custody of their child, this means that they are the parent that makes the major decisions in the child’s life. These are decisions such as where the child will go to school, what extracurricular activities they will participate in, what doctor they will see, what religion they will practice, etc.
• Physical Custody – This refers to actual physical custody of the child.

Importantly, both physical and legal custody will need to be addressed.

Who Decides Custody?

When a divorce is initially filed, physical and legal custody of any minor children is presumed to be joint – or 50/50. But at some point, the issue will be addressed by the courts and a determination of custody will be entered into the final order, called the Decree of Divorce.

In the best-case scenario, the parents will agree to custody arrangements that are in the best interest of the child. Whether this arrangement is 50/50 depends on the facts and circumstances of each case. Parents can formulate a split that is different than 50/50 if they both believe it’s in the child’s best interest. Sometimes parents can put a plan together easily and without any intervention, and sometimes a simple session with an impartial mediator is all that is needed to reach a compromise. But as long as the parents agree, the courts will typically defer to their wishes.

However, if the parents cannot agree to an amicable split, then it is up to the judge to step in and make this determination for them – with the best interest of the child being the number one priority (as opposed to what either parent wants). Typically, the judge will find that a 50/50 custody split is in the best interest of the child so long as both parents have sought to maintain a significant relationship with the child.

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, the community property is generally divided equally.

The different types of assets divided can include:

1. cash on hand;
2. the money in various bank accounts;
3. stocks and bonds;
4. the primary residence;
5. vacation homes;
6. commercial real estate;
7. ownership in a business;
8. vehicles;
9. pensions;
10. retirement accounts; and
11. personal property including clothing, furniture, and furnishings.

In addition to assets, debts and liabilities are typically also subject to division in the course of a Nevada divorce.

The different types of debts can include:

1. personal loans;
2. student loan debt;
3. credit card debt;
4. mortgages;
5. vehicle or car loans; and 
6. tax debts.

Notably, however, with respect to both assets and debts or liabilities, whether a certain type of property is considered community property subject to equal division between the parties will typically depend on whether the property was acquired before or during the marriage.

Divorce is hard; dividing property shouldn’t add more stress. We’ll stand by you to ensure a fair outcome. Reach out to us now: (725) 999-6468.