DIVORCE

/DIVORCE

In order to obtain a divorce in Nevada, you must be a resident for a period of at least six (6) weeks prior to filing the complaint for divorce.

If you have children, in order for Nevada to exercise jurisdiction over your children in a divorce, the children must have resided in the State of Nevada for a period of at least six (6) months prior to filing for divorce.

Nevada is a no fault state, so there does not need to be a specific basis for a divorce.

Nevada is a community property state in regards to the division of assets and debts.

You can obtain a divorce by either filing a Complaint for Divorce (see Contested Divorce), or by reaching an agreement outside of court and filing a Joint Petition for Divorce (see Uncontested Divorce).

For all questions related to the divorce process and Nevada divorce law, call the Law Offices of Andriea A. Aden, Esq. today at 775-622-9245 to schedule a consultation.

Contested Divorce

If you and your spouse are unable to reach an agreement as to the terms of your divorce, you will need to file a complaint for Divorce. Once filed, the Complaint is served on the opposing party and you have effectively initiated a lawsuit for a divorce.

The Law Offices of Andriea A. Aden, Esq., can assist you in preparing, filing, and serving all of the necessary paperwork, as well as the entire contested divorce process.

The average time period for a contested divorce is nine months to a year and can involve up to three court hearings, including the initial Case Management Conference, the Settlement Conference, and, if the parties are still unable to reach an agreement, a contested divorce trial.

Retainers for a contested divorce matter are $5,000 in Washoe County, $7,500 if outside Washoe County (Northern Nevada only). Call 775-622-9245 to schedule your consultation.

Uncontested Divorce

If you are your spouse are able to reach an agreement, the Law Offices of Andriea A. Aden, Esq., can assist you in preparing the Joint Petition for Divorce and the Marital Settlement Agreement.

You will never have to appear in Court if you and your spouse are able to reach an agreement. The documents are prepared, signed by the parties, and submitted to the Judge who will then, if the terms are acceptable to the Court, issue a Decree of Divorce.

Even if you are not quite on the same page, we can assist you in negotiating the final divorce settlement in the hopes of avoiding Court and reaching an agreement.

Retainers for an uncontested divorce start at $2,500. Call The Law Offices of Andriea A. Aden, Esq., today at 775-622-9245 to schedule your consultation.

High Asset Divorce

The Law Offices of Andriea A. Aden, Esq. has extensive experience in litigating and negotiating settlements in high asset divorces. There is more than just figuring out an equal division under Nevada community property law, but often many separate property issues to litigate as well as tax implications, all of which need to be addressed.

Call The Law Offices of Andriea A. Aden, Esq. at 775-622-9245 today to schedule your consultation.

Complex Property Distribution

The Law Offices of Andriea A. Aden, Esq. has extensive experience in litigating and negotiating settlements in high asset divorces with complex property distribution issues. There is more than just figuring out an equal division under Nevada community property law, but often many separate property issues to litigate as well as tax implications, all of which need to be addressed.

Call The Law Offices of Andriea A. Aden, Esq.775-622-9245 today to schedule your consultation.

Custody (In Divorce)

In order to obtain a divorce in Nevada, you must be a resident for a period of at least six (6) weeks prior to filing the complaint for divorce.

If you have children, in order for Nevada to exercise jurisdiction over your children in a divorce, the children must have resided in the State of Nevada for a period of at least six (6) months prior to filing for divorce.

When two parents are married and are seeking a divorce, Nevada law says the parties share joint legal and joint physical custody until the Court orders otherwise. This means both parents have rights to not only physical custody of their children, but decision making power on behalf of their children, also known as legal custody.

Neither parent has the right to determine the custodial schedule nor does either parent get to withhold custody of the children.

If there is any dispute as to the interim custody schedule, you may need to file for divorce immediately to get the matter before a Family Court Judge.

The legal standard in making a custody determination in a divorce is what is in the child(ren)’s best interest. NRS 125C.0035 list the factors the courts consider in making a custody determination based upon the child(ren)’s best interest.

Note NRS 125C.0035 also states that there is a preference for joint custody in Nevada.
If you have questions on custody in a divorce matter, please call The Law Offices of Andriea A. Aden, Esq. at 775-622-9245 today to schedule your consultation.

Child Support

Child support in Nevada is based upon three things:

  • The custodial arrangement
  • The parties gross monthly income
  • Number of children

If the parties share joint physical custody, then child support is based upon a percentage of both parties’ gross monthly income. Whomever makes more pays the difference. The percentage is determined by the number of children (18%-1 child, 25%-two children, and increases from there).

If one parent has primary physical custody, the non-custodial parent pays child support based upon the percentage of their gross monthly income determined by the number of children.

See NRS Chapter 125B for the statutes on Nevada child support.

Note all child support amounts are subject to the statutory cap, which is updated each July 1. Here is the link to the statutory cap information.

https://nvcourts.gov/AOC/Administration/Budgets_and_Accounting/News/Presumptive_Maximum_Amounts_of_Child_Support/

If you have questions on child support, please call The Law Offices of Andriea A. Aden, Esq. at 775-622-9245 today to schedule your consultation.

Spousal Support/Alimony

Nevada is an alimony state. There is no formula to determine what is an appropriate alimony figure, rather the Nevada legislature as provided factors for the Court to consider in making an alimony determination. See NRS 125.150. These factors include length of marriage, relative income of the parties, quality of life during the marriage, assets taken by way of divorce, and so on.

The court assess these factors in deciding what is a fair alimony award, both in amount and duration.
If you have questions on alimony, please call The Law Offices of Andriea A. Aden, Esq. at 775-622-9245 today to schedule your consultation.

Interspousal Torts

What is an interspousal tort? It is a tort committed upon you by your spouse during the marriage. These includes assault, battery, intentional infliction of emotional distress, invasion of privacy, etc. Assault and batter would include transmission of a STD.

If you have an interspousal tort, or marital tort, it must be pled in your divorce. Also, the statute of limitations in regards to torts also applies to marital torts and there is no tolling of the statute of limitations if you remain married. If for example, your spouse transmitted a STD ten years ago, you would not be able to sue for damages for this in your divorce as the statute of limitations has ran.

If you have questions, please call The Law Offices of Andriea A. Aden, Esq. at 775-622-9245 today to schedule your consultation.

Legal Separation/Separate Maintenance

There are alternatives to a divorce if you wish to divide your marital estate, obtain orders on custody, but remain legally married. The process is identical to a divorce, but the final order simply does not award a divorce, but rather you maintain your status as married. By statute, a legal separation deals only with possession of assets, not ultimate division; however, you can agree to divide assets if you so choose. Legal separation can also include an order for separate maintenance, which is the equivalent of alimony in divorce.

Legal separations are rare but do occur. These are generally done for religious reasons or if you need to maintain health insurance and can only do so by remaining married.

Call The Law offices of Andriea A. Aden, Esq., today at 775-622-9245 if you have questions regarding whether a divorce or a legal separation is best for you.

Annulments

In order to obtain an annulment, unlike a divorce for which you do not need a legal basis, you need a specific grounds for an annulment.

A marriage is void if 1) one party is already legally married to someone else or 2) Consanguinty between the parties. NSR 125.290.

A marriage is voidable if 1) the party was under the age of 18 and did not obtain parental consent; 2) want of understanding, or 3) Fraud.

Call The Law Offices of Andriea A. Aden, Esq., today at 775-622-9245 if you have questions regarding whether you would qualify for an annulment.

Domestic Partnerships

Domestic partnerships are treated the same as marriage in the State of Nevada and the same laws apply to a dissolution of a domestic partnership. This includes division of assets and debts and alimony. See DIVORCE

The question in cases where the parties first had a domestic partnership and then were married is to which date did the “community” begin for purposes of asset division.

Call The Law Offices of Andriea A. Aden, Esq., today at 775-622-9245 if you have questions regarding a dissolution of your domestic partnership.