FAQ

For the most part, the parties do not want to air their dirty laundry in public. When the case is initially filed, it is a public record. Typically, anyone can go to the clerk’s office and obtain a copy of the filings or orders issued in the case. At the end of the case, your lawyer can request that the Court seal the case file so that the contents are no longer public records. Your attorney will file a “Request and Order to Seal File” for this purpose. The parties must then wait for the request to be approved by the Court.

Check with a lawyer in your jurisdiction. Online divorce services are fraught with peril. Many are being run in violation of state law, without the supervision of a licensed attorney. Documents are often prepared incorrectly or with gaping holes in areas where items should have been addressed. That’s not to say it won’t work, but its a gamble in my opinion.

If your case is as simple as it sounds, a good Las Vegas divorce attorney can probably handle it for a reasonable flat fee. It will cost more than the “mail-in” divorce, but it will be done correctly.

Nevada is a no-fault divorce state, meaning that marital fault is not considered by the Court, except in very limited circumstances, when the Court determines the division of community property/debt and alimony. Unless a court order or marital settlement agreement between the parties specifically states, alimony will still be available to the cheating spouse assuming he/she would otherwise qualify.

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.

Rules for service on your spouse vary from state to state. Generally, you must first file a summons and complaint about divorce and attempt to locate him through what is called a “due diligence search”.

If you are unable to find and personally serve him, then you will need to petition the Court for permission to serve him by publication. In terms of where to file, that will depend on the jurisdictional rules of the state where you are and in Colorado. You’ll probably need to consult with an attorney in both states before deciding what to do next.

While this is one of the most common questions we get, it’s one of the most difficult to answer. The cost will depend on several specific factors relevant to your case and situation, so we can’t throw out a random number. Some factors that can affect the total cost include: whether you need to locate a missing spouse, whether the case is contested, how complex your assets are, and whether there are child custody or alimony issues to deal with. You must also factor in the filing fee.

Our lawyers are committed to helping you end your marriage at an affordable rate. Our clients often pay much less than their spouse has to pay with another firm. During our initial consultation, we can discuss an estimate of your cost based on your specific circumstances.

Nevada is a “no-fault” divorce state, meaning that you don’t have to prove that either spouse did anything wrong to ask for a divorce. While some states might require you to show your spouse cheated, had a drug problem, was impotent, or cruelly treated you, this isn’t necessary in Nevada. You will simply claim in your complaint that you and your spouse are no longer compatible and there is not a chance of reconciliation.

Certain periods must usually be met before you can get a divorce in Nevada. One is the residency requirement. Either you or your spouse must have resided in Nevada for at least six weeks before you can request a divorce. After you file your complaint, your spouse has 21 days to respond to it.

The amount of time depends on several factors, such as whether you know where your spouse is, how your spouse must be served, and whether you have to file by publication. Also, summary divorces are usually faster than formal ones. If you have children or complex assets, the process can take longer. The court’s caseload also impacts the length of the Nevada divorce process.

Generally, if you and your spouse agree on most of the key terms, the case goes faster. The more unresolved legal issues there are, the longer the case will probably take. Generally, it takes between a few weeks to four months for uncontested divorces and longer for contested ones.

Common legal issues are a division of property and debt, alimony, child custody, and child support.