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Standard Process for Filing a Divorce in Las Vegas

Retirement plans, things like 401(k)s, PERS accounts, any kind of retirement plan that you have is considered community property in part. With those, the key determining factor is how long you were married while you were acquiring that asset. So if you were married the entire time you worked for the company that was giving you the retirement benefits – let's call it the military – then when you filling divorce after you retire, the parties will equally split the entire retirement account because they're fully vested. However, if the party in the military had 10 years already, and then they were married for another 10 years, and then he retired, now the wife was only there for half of ...

How can I get a fast divorce?

The fastest way to get a divorce is to file for an uncontested divorce. An uncontested divorce is done by agreement - meaning you and your spouse must be in agreement about how everything involved in your divorce will be handled. You and your spous will work together to craft this agreement and teh agreement will be submitted to the court along with your divorce petition. By submitting this agreement you are avoiding the need to have a judge determine any issues in your divorce, this will save you lots of time!

How can I divorce a spouse I have not seen in years?

If your spouse has gone missing and you wish to file for divorce - you will need to seek a divorce by default. This is done by filing your initial petition, then waiting a period of time to show that your spouse failed to respond. If you cannot personally serve your spouse - which is likely to be the case if you do not know their location - you can serve them with the divorce petition by publication. Service by publication is done by posting a notice in a local newspaper for a period of time with the intention of notifying your spouse of your intention to file for divorce. After waiting a period of time after this notice has been posted and recieving no response from your spouse - you ...

How do I tell my spouse I want a divorce?

You have a few options here. If you and your partner are on amicable speaking terms and you are hoping to reach an agreement as to property division, spousal support, and child support (if needed) - it may be best to bring up this conversation before filing any paperwork. Work out an agreement as to how to split your assets and bring this agreement to the court as a united front. On the other hand, if you are afraid of how your partner will respond to this decision - get away from them first and file paperwork immediately. A process server will giv e your partner the news of the pending divorce, so you don't need to be in their proximity when they find out. This is especially important ...

What is an FDF?

FDF is a Financial Disclosure Form. This is a document which is required in all divorce and custody cases in Nevada. This form will be filed at the beginning of your divorce case, after the intial filing and response by the other party. The FDF requires a lot of personal and financial information to be disclosed including: employment history, income, expenses, property, debts, monthly expenses for minor children, and sources of monthly income. The judge presiding over your case will use the informaiton provided in the FDF to make determinations about child support, spousal support, and property division.

How do I prepare for a divorce?

Preparing for a divorce can be difficult financially and emotionally. You can expect to need to produce lots of financial forms and documents related to assets and debts held by you and your spouse. If you have complex property division issues, it can be helpful to begin this document preperation before you file for divorce. If you are intended to leave the community residence, you may wish to make different living arrangements for you and/or your children. If you have questions about what will be involved in the divorce process or how unique situations are resolved - you may wish to seek the assistance of an experienced Nevada divorce lawyer prior to filing.

Can I file my divorce in Las Vegas?

In order to get a divorce in Las Vegas, you must be a Nevada resident for at least six weeks prior to filing for divorce. Along with your petition for divorce, you will submit a Resident Witness Affidavit. This affidavit must be completed by third-party wintesses to show proof of your Nevada residency.

How to choose the right custody attorney?

Choosing an attorney for your custody dispute can be a difficult decision. You will want to hire for an attorney whom you feel comfortable discussing personal details with. Choosing a law firm with a proven track record of advcating for their clients, such as Right Lawyers, gives you the assurance that you are represented by the attorneys with the most experience. An attorney's years of experience will be crucial to providing you the best outcome in your case, especially if your sitauiton involves unique nuances or uncommon circumstances.

How to file an uncontested divorce?

There are three requirements to filing an uncontested divorce in Nevada: 1) at least one spouse must be a Nevada resident, 2) you and your spouse are both in agreement about the reason you want a divorce, and 3) you and your spouse are both in agreement about how all of the issues in your divorce must be handled. This means that you and your spouse must be in 100% agreement about child custody, child support, spousal support, division of debts, and division of assets.

What do judges look for in a custody case?

When determining child custody - Nevada judges are required to make decision which are in the best interests of the children. As in most states, the Nevada legislature has set out several factors which a judge is required to consider when determining what custody arrangement would be in the best interests of the children. These factors include: the wishes of the child (if the child is of sufficient age), the needs of the child, the ability of each parent to meet those needs, the relationship between that child and any siblings, any instances of domestic violence, whether there has been any instance of parental abduction of the child, and whether a parent will cooperate in allowing the ...

How much will my custody case cost?

How long will my custody case take?

This will vary greatly based on the cooperation of both spouses and how much the spouses agree upon. If parties are in total agreement, this can be handled in a few weeks. If you are not in agreement at all and need to go to a custody trial - this will greatly prolong the matter, expect a matter of months, at least. If you need temporary custody orders issued to span the time between divorce filing and final determination - you may be able to have temporary orders set within about a month of the initial filing.

How long will my divorce take?

The length of the divorce will vary greatly based on the cooperation of each spouse and the compexity of issues being handled. An uncontested divorce is the quickest option - this may be concluded in just a matter of weeks. A contested divorce will take some months, longer if the property division is complex.

What happens at a custody trial?

You and your spouse are entitled to a trial on the issue of child custody if you cannot reach an agreement otherwise. A custody trial will give each spouse the opportunity to present testimony, evidence, and witnesses related to the determination of child custody. After hearing from both sides, the judge presiding over the trial will determine how custody should be ordered based on the best interests of the children.

What are the factors for alimony?

The court will determine the amount and duration of alimony payments based on what it determines to be just and equitable. Several factors will be considering in making this determination. These factors include: the duration of the marriage, the standard of living enjoyed by the couple during the marriage, the financial condiiton of each spouse, the income, earning capacity, age, and health of each spouse, the existence of specalized education or training attained by each spouse during the marriage, and the value and amoutn of property each spouse is recieving. You can use our spousal support calculator to determine an estimate of how much spousal support could be.

Does my spouse get half my business in a divorce?

If you started the business during the marriage - yes. A business started during the marriage will be treated as a community property asset and each spouse will be entitled to 50% of the value of that business. However, if you brought the business into the marriage - it may be treated as seperate property. In that case, your spouse will only be entitled to 50% of the money earned by that business during the marriage. Often couples reach an agreement where one spouse keeps the business and the value owed to the other spouse is offset by division of other assets.

How do I keep my pension in a divorce?

Typically, you will owe your spouse the value of 50% of your pension that was earned during the marriage. If you wish to retain the entirety of your pension - you will need to reach an agreement where this owed value is offset by other assets. For example, if your spouse would be entitled to $100,000 of your pension and you jointly own a home valued at $200,000 - you can choose to allow your spouse to retain the entirety of the value of this home, in exchange for keeping your entire pension.

How do I keep my house in a divorce?

If only one party wants to keep possession of a joint residence - this can easily be ordered by a judge. If the home you wish to retain possession of is community property - you will be responsible for compensating the other spouse for 50% of the value of that residence. This can be offset by that spouse recieving a greater portion of liquid assets or a larger portion of community property retirement funds. If both parties are fighting to keep possession of a home - this will be more difficult. The issue will need to be decided by a judge. If children are involved, the court will consider which parent remaining in the home would be in the best interests of the children.

Can I file a custody case if she is pregnant?

No, in Nevada you cannot file a custody case until the child is born. However, if you expect a battle to ensue - you can set yourself up for the easiest path forward by filing a 'Paternity Action' to establish that you are the father of the child. You may also request a DNA test to be done if there is doubt that the child is yours. Having an established paternity claim will make your custody battle simpler, once the child is born.

Do I Need a Legal Separation to Move Out of the House?

Divorce attorney Rock Rocheleau discusses if you need a legal separation to move out of the house. You can move out of our house without a legal separation. You are not abandoning your spouse or community property if you move out. You do not need any legal document to move out of your house.

Uncover the Truth Behind Child Custody: Do Judges Prefer Mothers Over Fathers?

Do judges prefer mothers for custody? I think the idea that judges prefer mothers over fathers is a sort of a misnomer. What judges look at are the overarching best interest factors of what’s going to suit the child better. In some circumstances, a mother is the best figure for a child to be around, and in others, the father is the best figure to be around. It depends on both sides' argument, often presented by a child custody attorney, that they lodge to the court in terms of what’s going to be best for the child. And that’s where custody generally lies.

Does a Party Need a Legal Separation to Leave the Home?

Either party can leave the home at any time, however you would have the obligation to maintain community property. Divorce attorney Meredith Weiner explains in this video that as long as the spouse can afford a second residence and still afford to maintain the marital residence they can move wherever they would like. Does a party need a legal separation to leave the home? The short answer is no. Either spouse can leave the home at any time they wish and maintain a separate residence if they want. There is no abandonment of community assets by leaving, nor does it affect any claims for child support or spousal support. However, if you leave the house, you are still obligated to maintain ...

Understand What a Default Divorce Really Means

Divorce attorney Rock Rocheleau summarizes what a default divorce means. A default divorce is when you have filed your divorce papers and served them to your spouse. Your spouse has 21 days to respond. If the 21 days pass with no response, the judge will award you a default divorce.

Can I File an Annulment in Nevada?

You can file an annulment in Nevada if you got married in Nevada or if you live in Nevada. Divorce attorney Rock Rocheleau explains in this video that there are certain rules for an annulment and you have to prove that there are grounds for the annulment. File an annulment in Nevada You can file an annulment in Nevada if you got married in Nevada and you live in Nevada, or you live in Nevada. But an annulment is different from a divorce. Anybody can ask for a divorce, and then the court's going to separate their assets and debts. They don't really have to explain why they want a divorce. They can just say, "We're not in love" or irreconcilable differences. An annulment, you actually ...

How Do We Trace Separate Property Out of Community Property?

Divorce attorney Meredith Weiner explains the best way to trace separate property out of community property is to look at bank statements. The bank statements will show where the property came from and where it went to.

How Does the Court Use an A/B List to Divide Property?

Divorce attorney Rock Rocheleau explains how the courts use an A/B list to divide property. The courts will have one party write out two lists of personal property. There will be an A list and a B list. It is important that the property is equally divided on the lists because the second party will get to choose which list they prefer.

How Do Courts Like to Divide Community Property?

The goal of the courts is to divide community property as equitable as possible. In this video, divorce attorney Meredith Weiner provides an overview of how the courts divide community property. It is not necessarily a fifty-fifty split.

Does Marijuana Effect Custody?

Does Marijuana Affect Custody? Marijuana can affect custody in certain circumstances. Generally, what people think is because marijuana is now legal, it's no different than using or having the occasional cocktail or drink when you have a child custody situation at odds. What winds up happening is courts evaluate the level of marijuana, the frequency of use, and whether you're doing it around your children. A child custody attorney can attest that judges sometimes rule in a discretionary fashion on the best interest standards of children. I have seen judges rule that because you use marijuana in the house or around your children or around the custody of your children, you're simply using ...

How is Alimony or Spousal Support Calculated?

Overview provided by divorce attorney Meredith Weiner on how alimony is calculated. Typically courts will consider whether the person who is paying can afford to pay and whether the recipient has a need for the money. Factors include length of marriage, income, work history and more. You can use our Nevada alimony calculator to determine an estimate of how much spousal support could be.

How is Alimony Calculated?

Divorce attorney Rock Rocheleau provides a summary of how the state of Nevada calculates alimony or spousal support. The judge will consider factors including number of years married, income, age, earning potential and more.

Completing Our Uncontested Worksheet

Completing our uncontested worksheet.

How Long Does an Uncontested Divorce Take?

An uncontested divorce is when you and your spouse agree to everything. At Right Lawyers, we call this a simple divorce. It takes about three to four days for our office to draft the documents and send them to you for review. Once you receive them, we’ll make any necessary changes. After that, the documents are presented to your spouse, either by us or by you. There may be some additional changes, which could take another three to four days. Once you both agree, the documents are signed and filed with the court. From there, the court typically takes two to three weeks to review and approve the documents. A judge will sign off on the divorce, making it final. In total, an uncontested ...

What if you can't find your spouse to serve the divorce papers?

What if You Can’t Serve Your Spouse Divorce Papers?

You must personally serve your spouse with divorce papers. What if you lost track of your spouse and no longer know where they are living? What if you can't find your spouse to serve the divorce papers? This comes up quite a bit. People get married, then separate, go their separate ways, and don't keep track of each other. Later, one of them wants a divorce but can't find the other spouse. Well, we're going to have to do our best to find them. We can hire investigators, look them up on Facebook, or reach out to family or friends. We want to find them so we can serve them the divorce papers. Once you find out where they last lived, you can serve the papers at their last known address. If ...

What is a No Fault Divorce?

No fault means the court will not punish a spouse for asking for a divorce or for causing the divorce. Divorce attorney Rock Rocheleau explains more. "What is a no fault divorce? A lot of people think a no fault divorce is the same as a default divorce. A default divorce is where your spouse doesn`t respond, and the court`s going to give you everything you ask. A no fault divorce is just the general law, the general rule in all 50 states that you don`t need to show why you want the divorce. Back in the olden days, the sixties, the fifties, you had to show the court that your spouse was mentally ill, that your spouse abandoned you. You had to show fault that your spouse had an affair. ...

Discover How to File a Default Divorce When Your Spouse Does Not Respond

What if your spouse does not respond to a complaint for divorce. You can file a default divorce. With a default you are granted your divorce with your terms.

How Much Does an Uncontested Divorce Cost?

Uncontested divorces are when you and your spouse have come to an agreement on the divorce and the terms of the divorce. This includes agreeing on who will keep the house, who will keep which bank accounts, and how much will be paid for child support, if applicable. These are fixed-fee divorces, typically costing between $1,100 and $1,600. This fixed fee covers drafting all the documents, filing them with the court, and finalizing your divorce. An uncontested divorce is much cheaper and much simpler than a contested divorce. Why pay more for your divorce? Call (702) 914-0400 to schedule a consultation for an uncontested divorce – quick, affordable, and handled for a fixed fee!

The Financial Scope of Contested Divorce Cases

Divorce attorney Rock Rocheleau explains how much a contested divorce costs.

What if My Spouse and I don’t Have Any Assets Together?

Divorcing but don't have any cars, bank accounts, or credit cards together. You can file an uncontested divorce. Divorce attorney explains how to file an uncontested divorce.

Why Hire Right Divorce Lawyers for Your Divorce?

Divorce Lawyer Stacy Rocheleau explains why you should hire Right Divorce Lawyers to handle your Las Vegas Divorce. Stacy is the founder of Right Divorce Lawyers. For over 14 years Right Divorce Lawyers has helped people with divorce, legal separation, and annulments.

Get Clarity on the Nevada Divorce Process: Everything You Need to Know

Attorney Sonya Toma explains how the divorce process works in Nevada. "The divorce process here consists of three parts, and that`s the initial stage where you file the complaint, you do all the documentation, and then you have your first court hearings. The second part is discovery, and that`s when you try to get the evidence that you`re going to use at trial. Both sides exchange discovery, and there`re lots of rules related to that. The last part is trial, and that`s where it`s when you have your hearing when you sit in front of the judge as a witness and testify about why the judge should support your position. There`s another part to a divorce case which isn`t really covered as far ...

What is Discovery – Uncovering the Hidden Details Used in Divorce

Divorce Lawyer Stacy Rocheleau explains the discovery process used in a divorce. Stacy is the founder of Right Divorce Lawyers. For over 14 years Right Divorce Lawyers has helped people with divorce, legal separation, and annulments.

What is Separate Property?

Separate propety is property owned by only one party, which that party owned prior to entering the marriage and was kept seperate during the marriage. Seperate propety may also be property earned during the marriage through a gift or inheritance. This is different from community property - which is property earned during the marriage. The most important distinction is that while community property is split equally between the parties, seperate property is retained wholly by the party who brought that property into the marriage.

What is Community Property & How Does It Differ From Separate Property

Attorney Sonya Toma explains the difference between community property and separate property. Sonya is a divorce attorney with Right Divorce Lawyers. For over 14 years Right Divorce Lawyers has helped people with divorce, legal separation, and annulments.

What to Expect When Attending a Divorce Trial

Attorney Stacy Rocheleau discusses what happens at a divorce trial. Stacy a is a divorce attorney with Right Divorce Lawyers. For over 14 years Right Divorce Lawyers has helped people with divorce, legal separation, and annulments.

Uncovering the Process: What to Expect at a Divorce Trial

The trial is really the end of the case. And most cases don’t get to this point. This is your opportunity to present your case to the judge. And if you’re at trial, that means you haven’t been able to settle. So this is where you’re sitting in the witness box, you’re testifying, you’re presenting all of your documents to give the judge your best case to decide in your favor. Usually, the plaintiff goes first, presents their evidence, and then the defendant goes and presents their evidence, and then the judge makes a decision about all of the issues that are remaining at that time. Trials can be stressful – get the right legal team on your side. Call (702) 914-0400 to schedule a ...

What is a Temporary Motions Hearing?

Attorney Sonya Toma discusses what happens at a temporary motions hearing. Sonya is a divorce attorney with Right Divorce Lawyers. For over 14 years Right Divorce Lawyers has helped people with divorce, legal separation, and annulments.

What Happens at a Case Management Conference?

The Case Management Conference is a hearing set by the judge where both parties will appear to discuss scheduling for the remainder of the divorce case. A date for trial will be chosen. Deadlines for discovery and motions filed will also be set. The case management conference is also an opportunity to request temporary orders.

What are Temporary Orders?

Temporary orders are rules a judge makes to span the time between the initial divorce filing and when the case is ultimately resolved with a final divorce decree. Temporary orders may pertain to child custody, child vistation, child support payments, spousal support payments, or exclusive use of the parties' primary residence. Often temporary orders are necessary to prevent chaos during the months that the divorce case is pending.

What are Best Interests Factors for Child Custody?

The best interest factors are a number of factors that were promulgated by the Nevada legislature. These factors are considered by a judge when rendering child custody orders. Some of these factors include the ability of either parent to communicate and cooperate with one another. For example, if two parents are able to communicate with one another in expressing the concerns and best interests for the child, a court will consider whether one parent is communicating better and more efficiently than the other parent. And if that's the case, a judge might go ahead and render a custody order based on one parent's ability to cooperate with the other parent. Additionally, these factors ...

How Much Alimony Will You Pay?

Divorce Lawyers Stacy Rocheleau explains how spousal support (aka alimony) is calculated. Stacy is the founding attorney of Right Divorce Lawyers. For over 14 years Right Divorce Lawyers has helped people with divorce, legal separation, and annulments. You can use our Nevada alimony calculator to determine an estimate of how much spousal support could be.

Get an In-Depth Look at the Divorce Process in Nevada

Well, you can kind of break it down into three different parts. The first part is initiating the divorce, where one or the other party files a complaint, serves the other party, the other party files an answer, and then things get moving from there. You could end up going to a case management conference, which would then set you up for starting the second phase of the divorce process, which would be Discovery, where both sides are required to exchange documentation and information regarding the issues of their marriage. And then the third part of a divorce is usually either settlement or Going to trial, at which point, if you settle, you'll settle all the issues of your divorce and can ...

How Do You Get Primary Physical Custody?

Primary physical custody is a custody situation where one parent has substantially more custody time with a child than the other parent. This may look like one party has a child during the schoolweek and the other parents gets the child for weekends. The default is always joint physical custody - a 50/50 split. So to get the judeg to depart from the default and instead award one parent primary custody - that parent will have to demonstrate that it is in the child's best interest to do so.

What is a Fixed Fee for Divorce?

Divorce Lawyer Stacy Rocheleau explains how Right Divorce Lawyers charges a fixed fee a divorce, or custody issue. Stacy is a divorce attorney with Right Divorce Lawyers. For over 14 years Right Divorce Lawyers has helped people with divorce, legal separation, and annulments.

Find Out If Judges Favor Mothers for Child Custody

Child custody attorney Laura Johns talks about child custody and whether judges prefer mothers over fathers. Laura is a divorce lawyer with Right Divorce Lawyers. For over 14 years Right Divorce Lawyers has helped people with divorce, legal separation, and annulments.

Find Out How to Make Changes to Your Child Support Order

Attorney Laura Johns explains when child support can be modified. Laura is a divorce attorney with Right Divorce Lawyers. For over 14 years Right Divorce Lawyers has helped people with divorce, legal separation, and annulments.

How Much Spousal Support Will I Get?

It depends. The amount of spousal support ordered can vary greatly between cases. A typical ruling is for 1/3 of the difference in income between the parties for about 1/2 the length of the marriage. So if one party makes $100,000 and the other party makes $40,000 and the parties were married for 10 years - You might expect a spousal support award around $20,000/year for about 5 years.

What is Primary Custody?

What is primary physical custody? That question can really only be answered by looking at the two different kinds of physical custody that courts can award. One is joint physical custody, where the parties essentially have a 50/50 timeshare with the child. Primary physical custody is where one parent has the child the majority of the time - technically, 61% of the time or more. In order to get primary physical custody, since the courts here in Nevada really do prefer joint physical custody, you have to show the court that it’s in the child’s best interests for them to remain primarily in your care. A child custody attorney can help present evidence on factors that the court will ...

What is Discovery Process in Divorce Cases?

Attorney Philip Spradling discusses the discovery process in divorce. Philip has years of experience in divorce, and custody matters.

What Are Temporary Divorce Orders?

Attorney Laura Johns discusses what temporary orders are used for in divorce. Laura has been a divorce attorney in Nevada for over 14 years.

How Much Does Divorce Cost

Divorce Lawyer Stacy Rocheleau discusses how much a divorce can cost. Stacy has been a divorce attorney in Nevada for almost 15 years.

What is the Different Between a Divorce and a Legal Separation?

A legal seperation is a situation where property and debts will be divided and child custody will be determined - much like in a divorce. The main difference is that in a legal seperation - your marriage remains intact, meaning you are not able to remarry another person. Typically this is an unwanted result - so there are only a few scenarios in which a legal seperation is the right choice. Also a legal separation will allow both parties to stay on a health insurance plan together, as opposed to a divorce. Something to consider is that a legal seperation may be more expensive than a divorce - because if you want to return to court later and get a divorce, there will be additional costs ...

How Do Courts Divide Retirement Accounts?

Retirement monies earned during a marriage will be treated as community property - so these funds will need to be divided equally between parties. Certain retirement accounts, such as 401ks or pensions are divided through a Qualified Domestic Relations Order.

How to Relocate With a Child?

For a judge to allow one party to relocate out-of-state with a minor child, that party must first make a written request to do so to the other party. If the other party agrees, that will determine the issue very simply. If the other party does not agree or fails to respond to that request, you will need a court order to relocate. The court will consider several factors in determining whether to allow that parent to relocate. The most important factors are whether it would be in the best interests of the child to do so, whether that party has a good faith reason for wanting to relocate and how easy it will be for the other party to retain access to visit that child.

Should I file the divorce first?

Generally speaking, there's no difference in the outcome in terms of the disposition or the division of any assets or debts depending on who files divorce first. The only benefit you have in filing first is that you've already met with your attorney, you've already prepared, you've already begun the document collection. Whereas if you're the one who's been served, you only have 21 days to respond, which tends to feel sort of rushed and makes the process that much more stressful for you. Thinking about filing for divorce? Call (702) 914-0400 to get the expert guidance you need to prepare, plan, and navigate the process with confidence.

What is Decided in a Divorce?

There are five main issues which need to be determined in a divorce case. First, is child custody - meaning where will a child live, how much time will they spend with either parent. Second, is whether child support will be ordered. Third, is the division of debt. Fourth, is the division of assets, or property owned by the parties jointly. Fifth, is whether spousal support will be ordered.

Does My Spouse Pay My Attorney Fees?

You can request that they do so. And there are certain situations in which the judge will order this. Some of these situations may include: if the other party is the primary breadwinner, or if the other party disrupts the discovery process and fails to comply with certain requests.

Dividing Property and Assets in a Divorce

Divorce lawyer, Stacy Rocheleau, discusses how the Nevada courts divide property and assets of divorcing couples. Stacy has been a divorce attorney in Nevada for 15 years.

Grounds for Divorce

Divorce Lawyer Stacy Rocheleau discusses the process for filing a divorce.

Should I file an Annulment or a Divorce?

An annulment essential cancels a marriage as void, as if it never happened. Divorce on the other hand, respects the length of the marriage and marks it as concluded. Only very specific scenarios will qualify for an annullment. These scenarios are along the lines of a breach of contract claim. One party must be able to show that they agreed to the marriage under false pretenses, durress, or fraud. One example is if a party lies about their age and the other party later finds out that that party was not a valid age for marriage when the marriage took place. Another example is if you can prove you were suffering from some incapacity while the marriage took place. Annulment is very rare ...

What is Marital Waste

Divorce lawyer Peter James explains what is marital waste.

What are Temporary Orders?

Temporary orders are rules a judge makes to span the time between the initial divorce filing and when the case is ultimately resolved with a final divorce decree. Temporary orders may pertain to child custody, child vistation, child support payments, spousal support payments, or exclusive use of the parties' primary residence. Often temporary orders are necessary to prevent chaos during the months that the divorce case is pending.

What is Discovery?

Discovery is the process where you request and collect evidence from the other party. There are several different types of discovery requests. One of the most common types are requests for production of documents. This will help you collect tangible documents in the other party's possession. Another type of discovery is a request for admission. This is where you will ask the other party to simply answer yes, no, or I don't know to a series of questions. You can also submit interrogatorries. Interroagatories are more open-ended questions which will require a more detailed response.

Who Pays the Bills During a Divorce?

This is a big issue, an issue that I deal with all the time. So you're together, you're working, she's working, and you guys are paying the bills together. And then all of a sudden, one of you decides to get a divorce, and you're trying to pull apart, but yet the Nevada law, when someone starts that divorce, says, "Hey, status quo." You can't necessarily pull apart yet because the judge hasn't ordered you guys to pull apart. The judge hasn't made orders on which parts get pulled apart. And there's all this kind of chaos going on while the divorce is starting. Do we keep the status quo? Uh, he's moved out. Uh, I want to keep the kids at this house, but you know he's moved out and not ...

Divorce Process: Estimating Legal Fees

Divorce lawyer Stacy Rocheleau explains how to estimate the costs of legal fees in a divorce.

Divorce Lawyer Explain: Rules of Modifying Child Support Orders

Divorce lawyer Stacy Rocheleau explains when child support orders can be modified.

What is the Difference Between Legal & Physical Custody?

Legal custody refers to a parent's right to make decisions about the child's health, schooling, and general welfare of the children. Parties typically have joint legal custody, which means the court is expecting parties to work together to make these decisions for their children. Physical custody is who has physical possession of the child. Parties may share joint physical custody or one party may have primary or sole physical custody of the child. Primary physical custody is demonstrated by one party having the child with them 60% or more of the days in a calendar year.

Factors of the best interests of the child for determining custody

Best Interest Factors for Determining Custody

Divorce attorney Stacy Rocheleau explains Nevada's Best Interest Factors. These are the factors the courts look at in determining custody.

Does Cheating Effect a Divorce?

No. As heartbreaking as cheating may be, whether cheating occurred is unlikely to affect major decisions made by the judge in a divorce case. If the offended party brings egregious details of the other party's cheating to the court, it may make a judge more sympathetic to that party. But, Nevada is a 'no-fault' state meaning that there is no relevance of 'who is to blame' for the marriage failing.

Do Divorce Courts Prefer Mothers?

Divorce attorney Carlia Waite discusses the myth that courts prefer mothers over fathers for custody matters. Carlia has been a divorce attorney for 12 years.

Annulment Or Divorce

Attorney Gary Thompson discusses the difference between an annulment and a divorce. Annulments are not always granted and Gary explains why. Gary has been a divorce attorney in Nevada for 20 years. 170 South Green Valley Parkway, Suite 300 Henderson, NV 89012 or (702) 767-7611

Right Divorce Attorney

Do you find yourself in a position where your marriage is beyond repair, and reconciliation is not an option? A divorce, or child custody case can be emotionally draining, may put an enormous strain on the family econcomics and can be full of legal uncertainty.

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Dividing a Home Under Water

Home that are valued less than a mortgage are called "under water". Couples filing for a divorce need to know how the courts will typically divorce an "under water" house.

Community Property Explanation

The idea of giving the other spouse 50% is well known. In Las Vegas you only need to split 50% of community property and not separate property. Attorney Stacy Rocheleau explains what is community property.

Best Interest Factors Used by Family Courts to Determine Child Custody

The Las Vegas family court uses the best interest factors to determine custody rulings. Their are around 11 main factors that you should consider if you are looking to file for child custody.

What are the 5 Main Areas of a Divorce to Decide?

The five main areas which need to be decided in a divorce are : 1) child custody, 2) child support, 3) spousal support, 4) division of property, and 5) division of debts.

Are Retirement Plans Considered Community Property?

Yes, at least in part. Retirement funds earned during a marriage will be considered community property. But if you earned any portion of those retirement funds prior to the marriage, that will be treated as separate property.

Las Vegas Divorce Lawyer – Modifiying a Child Support Order

Family Law attorney discusses modifying a child support order. For more than 10 years, the attorneys at Right Divorce Lawyers have helped Las Vegas residents during the divorce process. For spouses that have children, issues of child custody and child support take priority over everything else. Child support can affect both spouses for many years after the divorce. For instance, if a couple divorces when their child is 3 years old, the court may order child support for 15 years, until the child turns 18. It's nearly impossible that one of the spouse's financial situation will change during that time, so many people ask whether or not the court will alter the amount of child support in ...

Las Vegas Divorce Lawyers – Financial Disclosure Form

Divorce Lawyer Stacy Rocheleau discusses the use of the required Financial Disclosure Form (FDF). A financial disclosure form is actually a very important form for a party to file in their divorce case. And many people actually overlook the importance of this form. It is actually a required form that needs to be filed with the court. The court requires at any time that there are financial issues to be decided, which is almost any, any case, because we're deciding things such as attorney's fees, alimony, child support. And it's very important to be accurate with this form. In other words, you need to accurately state your income, your expenses, your assets and your debts. You're signing ...

Can a Parent Leave Nevada with a Child?

It depends on a few factors. First, you need to consider what type of physical custody arrangement is in place. If you have sole physical custody or primary physical custody of your child, making the request to relocate with that child will be a lot easier. In order to relocate, you must have a 'good faith' reason for doing so - this may be a job change, a need to care for a family member, etc. The other thing the court will consider is how easy it will be for the non-primary parent to be able to retain their visitation access. The easier you make it for the other parent to visit that child, the more likely the court is to grant your request to relocate.

Las Vegas Divorce Lawyers – Standard Process for Filing a Divorce in Las Vegas

Family Law Attorney Stacy Rocheleau discusses the process for filing a divorce in Las Vegas, Nevada. Right Divorce Lawyers in Las Vegas specializes in divorce law and has been helping clients protect their rights and assets in court for more than 10 years. Although every divorce is slightly different, there are many steps of the process that remain the same for everyone. To initiate a divorce, you must file a complaint with the court. This involves filing various forms, paying a fee and submitting your documents to the district court. At this stage, you must list a "grounds for divorce," meaning you must tell the court why you wish to separate from your spouse. Then, the court requires ...

Child Support Orders – Las Vegas Divorce Lawyers

How is Child Support Calculated? Nevada is a community property state, so all property and debt are usually divided 50/50, if acquired during the course of the marriage. Of course, parties can agree to any other type of division they want, but if it's up to the court to decide, community property and debts are divided equally. Get clarity on Nevada’s child support laws. Call (702) 914-0400 now to schedule a consultation and ensure you receive or pay the right amount.

Las Vegas Divorce Attorneys

Only a person who has experienced a divorce can understand how emotionally trying it can be. Spouses don't spend their marriage believing they will divorce, so finances and assets become extremely intertwined, making it difficult to split. Furthermore, any divorce that involves children may require a very careful approach. Most legal action involves two strangers who were involved in a car accident together or an employee and their employer. Although these types of cases can be exhausting for all parties involved, divorce stands out as a particularly difficult process. No matter what type of relationship a person has with their spouse, there is an inherent amount of emotional investment ...

Does a Party Need a Custody Order to Leave the State?

In this video, divorce attorney Meredith Weiner discusses if you need a custody order to leave the state. A party does not need a custody order to leave the state, however a party needs a custody order to bring his/her children out of the state. If you leave the state without your children you are making a stronger argument for your spouse to gain primary custody.

Can I Evict My Spouse?

In this video, divorce attorney Rock Rocheleau discusses eviction of a spouse. In the state of Nevada, you would have to go to family court and file a divorce to get the process started. Then you would have to file a motion with the court asking for exclusive position of the home. Your claim would have to be deemed valid by the court would order the other spouse to move out. Can you evict your spouse? If you are thinking of filing for divorce or have already filed and want to know how to evict your spouse, here's the process: Under Nevada law, you cannot evict your spouse through the eviction court (civil court). Even if the house is in your name, that doesn’t matter. To remove your ...

Can I Evict My Spouse from the House?

Divorce attorney Meredith Weiner summarizes if you can evict your spouse from the house. You can file a motion for exclusive possession for the home. If the motion is granted, the party that was granted exclusive possession can change locks and passcodes. During the pendency of the divorce, the party with exclusive possession is the only party allowed to reside in the home.

When Can a Party Modify Child Support?

Divorce attorney Meredith Weiner explains in this video when a party can modify child support. There are three events that can trigger a modification to child support in Las Vegas: (1) a change in income of more than 20%; (2) any change in the custodial arrangement and (3) every three years a party can file a motion to reevaluate child support.

When is a Divorce Final?

In this video, divorce attorney Meredith Weiner discusses when a divorce is final. A divorce is final not only when the Decree of Divorce is signed by both parties and the judge, but also when the Notice of Entry of Order that memorializes the date when the Decree of Divorce is final.

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