Practice Areas > Divorce Law
Going through a divorce can be unsettling. The process can feel overwhelming. You need an experienced divorce attorney by your side. Carlson & Work has successfully tried hundreds of divorce cases. Our divorce attorneys are routinely considered to be amongst the top divorce lawyers in Reno, Nevada. This is backed by client reviews, peer-reviewed awards, a perfect 10.0 Avvo Rating and most important, results.
What Clients Should Expect
When you retain Carlson & Work you will have a dedicated attorney by your side. At Carlson & Work, we understand the emotional toll that any divorce can have. Most important, the outcome of a divorce can have lifelong effects. We approach our clients with compassion and empathy. At Carlson & Work, we always consider our client’s goals first. We then fight for our clients with every legal alternative available.
Before you file for divorce
To file for divorce in Nevada, one party must reside in Nevada for at least six (6) weeks prior to initiating a complaint for divorce. To show the family court that this requirement has been satisfied, a family law attorney will file a proof of residency with the courts.
Legal grounds for divorce in Nevada
Unlike many states, Nevada is a no-fault state. Simply, this means that a party filing for divorce only needs to show one of the three following has occurred:
- the parties are no longer compatible;
- the parties have lived separately for at least one-year;
- the other spouse has been deemed legally insane.
Nevada is one of the most flexible states with respect to the ability to achieve a divorce.
Filing for Divorce
In Nevada, when parties cannot completely agree to the division of property, debts, custody, child support or alimony, they are required to file a complaint for divorce in the family court. A complaint is simply a legal document asking the family court to grant the specific terms you request. The plaintiff is then considered the person who files first for the divorce.
Responding to a complaint for Divorce
After being served, a defendant then has twenty (20) calendar days to respond to the complaint for divorce. The defendant will complete what is called an Answer. The Answer specifically outlines the defendant’s response regarding each item raised by the plaintiff in the complaint, as well as adding any additional items that the defendant would like to request from the court in a counterclaim. It is critical to respond to the complaint in time to avoid default. Don’t get overwhelmed and remember you will have more than enough time to make your case.
In Nevada, couples have the option to file for Joint Petition Divorce. A Joint Petition is used when both parties can agree on the complete terms of the divorce. This includes how all property will be divided, whether one party will receive spousal support, who will assume debts, and if there are children, how custody shall be divided.
Then, through the help of a family attorney, the couple will complete the petition and marital settlement agreement, and file with the court. A marital settlement agreement outlines how the property, debt, custody should be divided, and defines any other related terms. The family court judge will then review and approve the drafted joint petition. After the judge has reviewed the joint petition and marriage settlement agreement, a divorce decree will be entered with the court, and signed by the judge.
In Nevada, an uncontested divorce is easier and much faster compared to a contested divorce, and cheaper given the limited hours required by a family law attorney. However, parties must agree on absolutely everything before filing.
A family law attorney can help many ways in regards to child support. With the help of an attorney, child support can be established, and even reviewed to decrease or increase the amount of support due each month. A parent may request child support to be reviewed if there has been a significant change in circumstances, or a significant change in income.
Spousal Support & Alimony
Despite what many say, Spousal Support and Alimony are always a consideration and potential outcome in any divorce in Nevada. In Nevada, Spousal Support and Alimony can have a massive impact on your long-term financial health, retirement and earnings capacity. You need an experienced attorney who fully understands the law and how to best position your case.
Spousal Support is financial support that is awarded by a court during the marriage. Typically, Spousal Support payments are awarded during the divorce proceedings. The court’s goal is often to make sure both parties are on equal footing financially during the divorce. These payments are not long term and will stop at the end of the divorce proceedings.
Alimony is financial support that is awarded by a court after the divorce is finalized. There are several factors a judge will consider when awarding alimony. These factors include: the difference income between the spouses, length of the marriage, the education and employability of either spouse, and whether one spouse has a health condition that makes income earning difficult.
The impacts of a Nevada divorce can be life-changing and lifelong. If anything, don’t leave the outcome to chance. You need a trusted divorce attorney by your side. Call us today, we will consider and review all legal options available to best position your case.
- Duration of The Marriage
- Whether One Spouse Committed Marital Waste
- Earning Capacity
- Marital Roles During Marriage
- Whether One Spouse Has Violated a Financial Restraining Order