Divorce, is sometimes a necessary and only solution to marital discord and it is sad but true. The following are commonly asked questions regarding divorce in Nevada and answers.
Q.: WHAT TYPES OF DIVORCES ARE THERE?
A.: Once the decision to get a divorce is reached then the next decision is how to do it. There is two types of divorces “Uncontested Divorce” and “Contested Divorce”
Q.: WHAT IS AN “UNCONTESTED DIVORCE”?
A.: An “Uncontested Divorce” is also commonly called Joint Petition for Divorce. Which is where both parties agree do a Divorce and both parties sign the necessary paperwork to get a Divorce. Both parties will have already agreed upon any property or debt issues. Both parties will have agreed on any child custody and support issues, if applicable. This is the easiest form of Divorce.
Q.: WHAT IS A “CONTESTED DIVORCE”?
A.: A “Contested Divorce” is also commonly called Complaint for Divorce. This is where one of the parties will refuse to sign the Divorce paperwork or one of the parties location is not known. This type of Divorce is where one person is suing the other person for Divorce. This process takes longer because the Defendant, the one being sued, will have to be served the Complaint for Divorce and they have a right to Answer and contest the Complaint in Court. If there is not an answer then the Plaintiff, the one suing, will be awarded the terms of the Complaint for Divorce by default. If the Defendant location is not known then the procedure would require a Due Diligence, a best effort to locate that person, then publicize the Complaint for Divorce in the Defendant last known area.
Q.: WHAT ARE THE GROUNDS FOR DIVORCE IN NEVADA?
A.: In Nevada it is usually irreconcilable differences, but insanity for two years prior to the action, and spouses living separate and apart for more than one year are also used. Currently in Nevada adultery, mental cruelty and other grounds for divorce under a fault-based system are not needed for purposes of dissolving a marriage in Nevada.
Q.: WHAT ARE THE RESIDENCE REQUIREMENT NECESSARY BEFORE FILING A DIVORCE SUIT?
A.: Six weeks residency in the state and a Resident Witness that can attest to your presence in the state for all of the six-week period. The petitioner’s affidavit states that you intend to make Nevada your home for the foreseeable future.
Q.: WHEN IS AN ATTORNEY NEEDED?
A.: Not all divorces require the assistance of a lawyer. If the divorce is relatively simple then it is possible to obtain a divorce using a paralegal and completing Joint Petition paperwork. There are several situations that would probably be too difficult or too complex to handle on your own or without the assistance of a divorce attorney:
1. You or your spouse want primary physical custody of your children.
2. You or your spouse cannot agree on a monthly amount of child support to be paid.
3. You need to divide more than twenty thousand in debts, assets, or real property.
4. Marriages over 7 years and one spouse earns a significant more amount of income than the other spouse.
5. When your spouse hires a lawyer.
If you think you need a divorce lawyer contact Right Lawyers at (702) 914-0400 or visit the website at www.rightlawyers.com.