The state of Nevada has long been a popular venue for couples seeking a no-hassle divorce because the state is a purely no-fault divorce state. No-fault divorces do not allow couples to accuse the other party of being at fault for the divorce, but Las Vegas family law attorneys or other local attorneys will still be needed to handle many of the issues involved in the proceedings.
Fault divorces are more contentious and more expensive to litigate than no-fault divorces. In fault divorces, spouses may allege that the other spouse engaged in behavior that caused the breakdown of the marriage. Every state is different, but common grounds for fault include adultery, physical or mental abuse, substance abuse, or infecting the other spouse with a sexually transmitted disease.
In a fault divorce, if one party can prove their alleged grounds for fault, it can impact property distribution and spousal support. Fault divorces often involve audits, private investigators, and other expensive services.
In a no-fault divorce, the conduct of the parties has no bearing on the proceedings or their outcomes. Because parties don’t have to litigate these matters, no-fault divorces are faster, less expensive, and easier to execute.
In Nevada, to file for a divorce, couples merely have to base the filing on the grounds of irreconcilable differences or a separation of at least 12 months. To file for a divorce in Nevada, a person must have lived within the state for at least six weeks before filing. Residency is established by a signed affidavit from a neutral third party stating that a third person has seen the person filing for divorce three to four times per week for six weeks prior to the divorce filing.
In a no-fault divorce, the spouses involved are free to start dating at any time. The parties cannot remarry until the divorce decree is finalized by a judge and entered into the district court record, however.
While no-fault divorces are usually less litigious and acrimonious than fault divorces, the parties involved will still have quite a few issues to work out in court or with a divorce mediator. Property division, debts, spousal support, child custody, and child support all will need to be resolved.
When filing for divorce in Nevada, it’s well worth your while to hire an experienced Las Vegas divorce lawyer to help navigate the court system. Finding an attorney that specializes in divorce law is important, particularly in cases where there are substantial assets to be divided or where child custody issues exist. Veteran divorce attorneys have the experience, legal know-how, and sensitivity to provide caring and effective counsel to clients during one of the most difficult periods in their lives.
The McFarling Law Group offers Nevada residents caring and experienced representation in divorce and family law cases. Emily McFarling is an experienced Las Vegas divorce attorney who is a Board Certified Family Law Specialist and a recipient of the Pre-eminent AV Rating. To schedule a consultation, call 702 766 6671.