Filing for divorce is a difficult emotional issue for most people considering it, which makes it all the more important to understand Nevada laws and protect yourself if you intend to file. Having a person to turn to who knows the laws and can help you make the right decisions for you in your divorce is important and valuable.
Identifying the appropriate attorney to assist you with your Nevada divorce is extremely important. This is a highly personal issue and one that should prompt you to contact an attorney who cares about you as well as your family’s future. Making the decision to get divorced is never easy but you need to know your rights and responsibilities should you choose to move forward with this legal action. In order to initiate divorce in Nevada, either party has to reside in the state for a minimum of six weeks immediately before the action commencement.
Filing involves putting together a complaint for divorce which can be generated by your experienced Nevada divorce attorney. The district court of any Nevada county in which the following conditions exist may be the appropriate avenue for your divorce filing. These include:
- The plaintiff is residing in that county.
- The parties are residing in a cohabitation arrangement in that county.
- The defendant can be found in or resides in the county.
- The ground for divorce occurred in that county.
Since Nevada is a no-fault divorce state, the majority of divorces are based on irreconcilable differences that led to the breakdown of the marriage. You may be eligible to base your divorce on that fact if you have been separated from your spouse for at least 12 months.
Fault, however, can be considered by the courts when it comes to awarding alimony or dividing property. Nevada is a community property state. This means that all property bought with earnings by both spouses over the course of the marriage as well as any income earned by either individual over the course of the marriage is considered equally owned by each partner. The property is then divided equally between the spouses or partners when divorce occurs. Child custody in Nevada begins with the belief that it is best for a child to have continuing and frequent contact with both parents after a divorce.
Wherever possible, judges want to support a joint custody arrangement. However, the exact nature of your time share agreement will be based on your circumstances. Both parents are also required to financially support their children even after a divorce occurs. Consulting with an experienced family lawyer and asking your questions about filing for divorce in Nevada is important.
Understanding your roles as well as how you may be affected by the process is extremely important, and the right divorce attorney can assist you with developing a better perspective on how your case will unfold through the courts. It is never easy to come to the realization that divorce is the most appropriate fit for your family. However, this is also a crucial determination. Protecting your rights and developing a new life after divorce can be made much easier with the help of an experienced lawyer.