The Las Vegas divorce law firm of McFarling Law Group represents parties in all kinds of divorce cases, simple or complex, across Las Vegas and Clark County. We can help by offering premium representation for all aspects of your divorce – including alimony, asset division, child custody, and child support.
The divorce lawyers in Las Vegas at the McFarling Law Group realize that family legal cases are emotionally charged and complicated. Our team of professional divorce lawyers provides empathetic service without judgment. Regardless of the character of your case, our Las Vegas based attorneys help you seek the best outcome possible under Nevada law.
The results of a divorce often have long-lasting effects on your life situation. Many questions arise during the process. There will be questions regarding the custody of your children, the division of the assets, and your possible financial future. You will want an experienced legal advocate guiding you through the process and ensuring that your rights under Nevada law are protected.
A Las Vegas contested divorce attorney from McFarling Law Group can be the legal advocate you need to achieve the lawful objectives of your divorce. We will work to help protect your assets and your parental rights in cases of contested divorce.
McFarling Law Group provides knowledgeable, expert advice, and competent representation concerning all types of marital preparations, adjustments, or conclusions.
Call McFarling Law Group today to speak with an experienced Las Vegas divorce lawyer. We can help guide you through the judicial process of divorce and child custody so that you can regain your freedom and sense of well-being. Call us at 702-766-6671 to schedule a confidential consultation.
Residency requirements for divorce in Las Vegas Nevada
Residents of the State of Nevada may receive a divorce granted by the state when one or both parties is a resident. People who have just moved to Nevada must physically reside here for a minimum of six weeks before filing for divorce with the court. They must also want to live permanently in the state.
The legal standard for divorce in Las Vegas Nevada
Nevada is a “no-fault” state for divorce, meaning that the law does not require an at-fault party for two people to divorce. Only one party is required to request a divorce in the State of Nevada. The state needs no other grounds for divorce besides incompatibility.
A Contested divorce in Las Vegas
Contested divorce proceedings are among the most hostile of legal proceedings. You want an experienced Las Vegas divorce law firm to advocate for you when children and property are involved. What makes a divorce contested versus uncontested?
A contested divorce is when the parties involved will not agree on the terms of their separation agreement, including child custody and asset division. Some of the complicating factors in a contested divorce may include matters of debt, property, retirement accounts, physical assets, and alimony.
Without full agreement in all areas of the separation, you have a contested divorce. The cost difference between a contested and an uncontested divorce is substantial due to the amount of time your divorce lawyer team requires to file motions and attend hearings. Some contested divorces can go to trial if the parties do not agree to all parts of the separation agreement.
How The Family Court Process Works
When one partner in a marriage decides to file for divorce, they serve a complaint to the other partner. The responding party must answer the complaint within 20 days. Afterward, the court schedules a case management review to assess any pending issues before booking the case for trial.
Thirty days after serving the divorce complaint, the parties can start the discovery process where they obtain information in preparation for trial. The court grants the divorce and rules on outstanding issues after the trial. Child custody hearings are frequently separate from financial determination hearings.
Reaching a separation agreement
Once the parties reach an agreement, the court will promptly finalize the divorce. Partners who need help successfully reaching an agreement or those who have already agreed on their terms and need to ensure their filing is correct and accurate should contact McFarling Law Group. We can assist with negotiating a settlement with your partner, if necessary, and file the required paperwork with the court.
Have An Experienced Law Firm At Your Side
The experienced lawyers at McFarling Law Group have practiced in all areas of family law, including contested divorces. Call us at 702-766-6671 to schedule a confidential consultation with a Vegas divorce lawyer.
Here are some questions our clients frequently ask about divorce.
Explain the differences between divorce, legal separation, and annulments.
A divorce is the formal dissolution of legal marriage by the court. Nevada’s divorce laws have provisions that may not exist in other states – especially when children are involved. The children’s welfare is a primary consideration during a divorce.
The State of Nevada requires a child to reside in the state for six months before a divorce proceeding for a court to award custody. Parents who file for divorce in Clark County, including Las Vegas, must attend a Coping with Divorce (COPE) class when a custody decision for minor children is forthcoming.
Mediation or collaborative divorce is also an option for partners who wish to settle matters of custody or division of assets. An experienced mediator can work with both parties to reach an agreement outside the courts. Mediation is not required and is not legally binding.
However, if either party rejects the separation agreement in whole or in part, the court rules on contested issues based on the evidence presented for both parties.
Separations are nearly identical to divorces under Nevada law. However, the parties remain married despite living apart. Petitioning for legal separation requires the plaintiff to provide a legitimate reason to the court for the separation. It initiates proceedings to order alimony, asset division, and child support.
Upon being granted by the court, a legal separation is equally enforceable as a divorce under Nevada law.
Annulment is the formal dissolution of an invalid marriage. The court considers a marriage invalid when one of the following is present in a case:
- Marriage to a close relative
- Deception used to coerce a partner to marry
- A minor under age 16 without parental consent to marry
We suggest people seek the advice of a family law attorney when filing for an annulment in Las Vegas. The experienced divorce lawyers at McFarling Law Group can assist you.
How can I prepare before filing for divorce?
Before you decide to file for divorce, gather all pertinent documentation and information about your shared community property. Include financial records, documentation for property and personal belongings for each spouse, as well as estimates for any necessary alimony and child support.
Spouses frequently choose to work with an attorney to file for divorce. Experienced divorce attorneys help guide their clients when collecting information and preparing required documents for their case. The knowledgeable family law attorneys at McFarling Law Group can assist you during each step of the process.
How much time will it take to complete my divorce?
Finalizing uncontested divorce cases can be done in less than a week after filing all the paperwork. However, if either party contests anything, it can take several months, depending on the complexity of the divorce — the primary points of contention usually centering on alimony, division of property, and child support.
Can I file for divorce be a resident in a different state?
Nevada law requires the plaintiff (the spouse filing for divorce) to reside in the state for a minimum of six weeks, attested to by affidavit included in the divorce filing – if the court believes that all other requirements have been satisfied. Requirements might consist of serving the nonresident spouse with their copy of the divorce petition or having no children in the marriage. If the parties meet all conditions, the court will grant the divorce as though both individuals were Nevada residents.
However, if there are children and custody issues to resolve, Nevada courts do not have jurisdiction over children who were not residents of the state during the six months before filing. Exceptions are allowed in emergencies, as defined in the Uniform Child Custody Jurisdiction Act, which can be confusing to laypersons.
Experienced family law attorneys can help guide you through the process of managing an out-of-state divorce with children.
Is my divorce a public filing?
Yes, divorces filed with the clerk of the court become part of the public record, which is accessible by anyone.
What is the cost of getting divorced?
Court costs may run between $300 and $500+ depending on the court, if custody is involved, and other factors. This does not include attorney fees or other costs.
What are covenant marriages?
Covenant marriages are voluntary legal agreements couples sign before marrying. These agreements require future spouses to receive counseling before their wedding and agree to the conditions under which a future divorce may be granted. The agreement also requires couples to receive counseling before divorcing.
Only three states recognize covenant marriages: Louisiana, Arkansas, and Arizona. Nevada courts can grant a divorce as long as the parties meet other legal stipulations for granting a divorce in the state. A divorce granted in Nevada is valid both in the state that performed the covenant marriage and other states.
If religious requirements for finalizing a divorce exist, spouses can decide if they will meet those obligations. Still, no court can compel a spouse to engage in religious ceremonies or any other stipulations.
Explain how alimony works.
The State of Nevada defines alimony as either general or rehabilitative. General alimony is maintenance provided by one of the parties so the other party can maintain a standard of living like what they were used to during their marriage. Rehabilitative alimony is money provided by one of the parties so that the other party can obtain the necessary education and skills required to obtain employment and become self-supporting.
Courts can award a blend of both general and rehabilitative alimony for some period. When that time elapses, rehabilitative alimony payments stop or decrease over time.
The court awards alimony based on several determining factors, including:
- The former spouse’s income or expected future income
- The couple’s standard of living before filing for divorce
- The amount of property each spouse owns after the divorce
- The higher-earning spouse’s ability to provide alimony payments
Awarding alimony often places a considerable financial burden on the paying party. A spouse who may likely have to pay alimony might want to contact a divorce attorney for representation.
Those facing possible alimony payments need a skilled legal advocate to support their case in court during alimony award proceedings.
When can I expect an alimony award?
The court may award alimony either while deliberating divorce proceedings or when finalizing the divorce. If a legal separation preceded the divorce, the court – at its discretion – may continue alimony payments awarded under the separation agreement, modify the terms, or the monthly amount of alimony payments.
Define an uncontested/collaborative divorce.
Uncontested divorces are those divorces where both spouses have reached an agreement on dividing property, child custody rights, alimony, and child support responsibilities. The divorcing spouses have no disputed issues, have a signed separation agreement, and only need to file their paperwork and obtain the court’s approval.
How long can I expect an annulment to take?
An annulment is technically a marriage that was invalid from the start. The court’s docket schedule ordinarily determines the duration of cases for a formal annulment decree. If both parties sign the annulment papers, the parties can obtain an annulment decree in a few days or up to a month. If only one spouse consents to the annulment or the court cannot locate the other spouse, the proceedings may last for many months until all legal processes are completed, and the annulment order is issued.
For skilled divorce representation, please contact McFarling Law Group at 702-766-6671 to schedule a confidential consultation with a Las Vegas uncontested divorce attorney.