FAQ

 Work Law | Family Law and Defense Law FAQ - Frequently Asked Questions
 
 

Your questions – answered.

Family Law

Q. What legal matters are covered by Family Law? 

A. Family law is inclusive of divorce, child custody, child relocation, child support, termination of parental rights, alimony, and guardianship.

Q. Can I file divorce in Nevada? 

A. Individuals may file for divorce in Nevada if they have lived in the state for a minimum of six weeks and plan on living in Nevada during the duration of the divorce.

Q. What is the difference between legal custody and physical custody?

A. Legal custody gives a parent the right to make major life decisions for the child on their behalf. Examples include schooling, religion, and medical decisions. Physical custody refers to the child’s schedule, where they will live and with which parent they will spend their time.

Q. What are the qualifications for an annulment?

A. Surprisingly, Nevada does not have a time limit for an individual to file for annulment.  However, there are specific criteria that must be met during a marriage for annulment consideration.  For example, if a party was married to another individual at the time he or she married you. An annulment may be considered if an individual was under the age of 18 and did not obtain proper consent. Annulment would also be considered by the Court if one party was mentally instable or committed fraud at the time of marriage. 

Q. How much does a divorce cost?

A. This is our most common question. While we aim to be fully transparent, this answer depends on multiple factors making it difficult to estimate the total cost without getting to know about your family. In Nevada, the average divorce costs about $14,000. As you can imagine, no two divorces are the same. Marital estate, child custody, alimony, and property disputes are some factors that increase the complexity of the divorce which may have an impact on the total cost. We realize divorce is emotional and worrying about costs can be intimidating. At Work Law, we are upfront and transparent. To be proactive, we will ask you to share financial information and relevant facts about your children at your consultation. At that time, we will provide advice and share expectations as we go through this process together.

Q. Can both my spouse and I use the same attorney for a divorce?

A. It is possible for an uncontested divorce. We would ask that you meet with Attorney Mathew Work together and sign an agreement waiving conflict of interest.

Q. How can Work Law help me gain child custody?

A. In Nevada, our judges often decide the outcome of child custody. It is critical your have an experienced family law attorney on your side – and preferably as early as possible. Ultimately, the court will make a decision in the best interest of your children. Consulting a lawyer prior to filing for divorce is critical when minor children are involved, especially if you believe they are at risk alone with your spouse. 

Q. Will the Court make us sell our house?

A. No, the Court cannot make you sell your property. However, Nevada is a Community Property state. Typically, all assets and debt acquired during the marriage are owned equally.

Q. How long does Divorce take?

A. Unfortunately, this is not so straightforward. An uncontested divorce typically takes one month. Once the attorney receives all pertinent information from their client, the attorney will draft the pleadings and submit to the Court. The Court will review the pleadings and sign the Decree of Divorce. If children are involved, the Court may require both parties to attend a course to assist children through divorce. Contested divorces, on the other hand, are a little more unpredictable because child custody, division of assets and financial issues must be resolved one by one. Additionally, the attorney your spouse chooses may be a factor in the length of time the process takes as well. On average, contested divorces take between 6-12 months, but may extended beyond the average for extraordinary situations.

Defense Law

Q. What type of [criminal] defense cases does Work Law handle?

A. Attorney Mathew Work’s background is in criminal defense. He served as a criminal prosecutor and found his way back to defending the rights of those convicted of a crime. At Work Law, we represent clients convicted of DUI, drug crimes, violent crimes, domestic violence, federal changes, felony charges and white collar crimes.

Q. What should I do if I am charged with a crime?

A. Regardless of why you were arrested or charged with a crime, you should know your constitutional right to remain silent and have an attorney present to represent you. Regardless if you are innocent or not, do not make a statement to the police officer until you meet with your lawyer.

Q. How can a former criminal prosecutor help me or a family member?

A. The Nevada criminal process is confusing. Our criminal defense attorney, Mathew Work, has the background and courtroom experience to communicate effectively with both the Court and his clients. If your case goes to trial, Mathew will gather evidence, challenge the prosecution’s claim, and defend your rights through a plea or at trial.