AWARD-WINNING RENO DIVORCE ATTORNEYS
Our Reno Divorce lawyers are here to help. If you are going through a divorce, don’t hesitate to contact our award-winning divorce law firm today. As a result, we understand that going through a divorce can be exhausting. Therefore, we approach each divorce case with compassion. Often, the process can feel overwhelming. So, we guarantee that our clients are informed throughout the process. Just as important, we work to remember the human impact of each case.
Experienced Divorce & Family Law Attorneys in Reno, NV
Carlson & Work is an experienced and honest family law firm in Reno, NV. Ultimately, there is no substitute for experience. Our founding partners have hundreds of successful divorce trials to their name. Both attorneys, Mathew A. Work and Rebecca J. Carlson have won awards relating to their skills and experience. In fact, Carlson & Work is one of the only family law and divorce law firms to obtain a perfect 10 Avvo ratings. So, when you retain our law firm for your divorce, you can be confident you have a skilled divorce attorney by your side.
Top-Rated Family Law and Divorce Customer Service
When you are going through a divorce, you have enough to worry about. So, our divorce and family law attorney will ensure that your case management is not one of them. Most specifically, we make sure that our clients are up to date and informed with each step of their divorce. For example, each of our clients will have access to their online divorce file. Therefore, our clients will know exactly what has happened in their case. Also, our divorce clients are given weekly updates from their attorneys.
Family law clients’ needs are always put first. When you retain Carlson & Work you will have a dedicated attorney by your side. At Carlson & Work, the outcome of a divorce can have lifelong effects. Often, there is no redo when it comes to the terms of your divorce decree so. We will work together and make sure every option and family law outcome is considered. At Carlson & Work, we always consider our client’s goals first. Together, we will work to find the outcome you rightfully deserve. Most importantly, our client’s needs and concerns are always heard.
Table of Contents
HOW TO FILE FOR DIVORCE IN RENO, NV.
NEVADA JUSIDICTION FOR YOUR DIVORCE
The first step to filing for divorce in
First, to seek a divorce in Nevada, you must be a resident for a minimum of (6) weeks. Specifically, to accomplish this, a divorce attorney with file proof of residency documentation. From the onset, this divorce document will be filed directly with the family law court. So, this will be done at the beginning of your divorce.
Importantly, a party must prove they have an intent to remain in the state prior to filing for divorce in Nevada. Because of this, a court will not allow a party to move to Nevada for the sole purpose of filing for divorce.
Once established, the family courts will then determine that proper jurisdiction has been shown. Then, your divorce can then move forward with the assistance of your family law attorney and the family law court.
In summary, a party is required to reside in Nevada for six weeks prior to filing for divorce.
GROUNDS FOR DIVORCE IN NEVADA
Thankfully, Nevada is a no-fault state. Therefore, there are no technical hurdles to clear before a divorce can be filed. Instead, a party filing for divorce needs to show one of the three followings things has occurred:
- First, a party filing for divorce can argue they are no longer compatible. Basically, this can be as straightforward as no longer getting along.
- Similarly, a party can also state that they are no longer compatible. Really, this means that they no longer see themselves as a good fit.
- Lastly, in rare circumstances, when one party is deemed legally insane. Remember, this must be legally determined before you file for divorce. Often, a formal diagnosis is required.
Most importantly, Nevada is one of the most flexible states concerning the ability to file a divorce. Unlike many states, incompatibility is enough for parties to request a divorce. This making the initial steps for filing straightforward.
In summary, the second step taken to file for divorce in Nevada is deciding which grounds to file for divorce.
FILING A COMPLAINT FOR DIVORCE IN RENO, NV.
In Nevada, when parties cannot completely agree, one party files a complaint for divorce. Fortunately, the complaint will cover many aspects of divorce. Specifically, the complaint will address property debts, child custody, child support, and even alimony.
What is a Divorce Complaint?
A divorce complaint is simply a legal document asking the family court to grant a divorce. Further, a complaint for divorce also begins the divorce proceedings. In Reno, when a party files for divorce and executes the complaint, they are required by the family law court to make sure the opposing party in the divorce has been served a copy of the divorce complaint.
RESPONDING TO A COMPLAINT FOR DIVORCE IN RENO, NV.
After serving, a defendant then has twenty (20) calendar days to respond to the complaint for divorce. In the family court, the party who receives the complaint is referred to as the defendant.
The defendant will complete what is called an Answer. Specifically, the Answer outlines the defendant’s responses to each argument made. Also, the defendant will have the opportunity to make additional arguments. So, if any items were not addressed in the initial complaint, they can be addressed in the response. The family court will see all of the arguments. So, there will be nothing missed as long as the divorce documents are filed timely. Therefore, it is critical to act timely throughout the divorce proceedings.
In summary, when a party is served with a complaint, they have twenty days to respond. And, it is critical to act timely.
CONTESTED DIVORCE IN NEVADA
Contested divorces in Nevada occur when the parties cannot agree to all the terms of the divorce, division of assets, child custody, and child support. In a contested divorce, the most common area of disagreement is child support and child custody. These areas of the family are rightfully emotionally driven and are often the area of biggest disagreement. Nevada community property laws will govern the assets and division of property throughout the divorce. The best interest factors under NRS 125 will govern most aspects of the child custody and child support side of the divorce.
JOINT PETITION (UNCONTESTED DIVORCE)
Joint Petition Divorces in Nevada are most typically best for family law clients who can agree on all terms and who have a very low level of conflict when approaching their divorce. This method of divorce can be very cost-effective primarily because it limits the need for multiple attorneys to litigate and attend multiple family court hearings. The method is done together and can be filed as a joint document to the family law courts. The family law and divorce law authority for a joint petition divorce can be found under NRS 125.182. Parties to a joint petition divorce must make sure to agree to all terms of the joint petition divorce and must notify the court to the specifics of child custody should the couple have children. Additionally, 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
DIVORCE LAW BLOG RESOURCES
Change in Circumstances & Child Custody In Reno, Nevada, it is not uncommon for a parent or child’s circumstances to change after a judge has