Five Main Areas of Divorce
A couple needs to figure out five main areas of divorce before they can file a joint petition,settle, or have a judge grant their divorce orders. Those areas are:
- Dividing Assets
- Dividing Debts
- Spousal Support
- Child Support
- Child Custody
If the couple does not have any children, then they only need to worry about the first three.
When the court goes to divide their assets, it will look at what is community property versus separate property. Community property is anything the couple gained after their marriage. Separate property would be something one party owned before the marriage that did not mix with community funds.
Debts work in the same way. The court will look at debts acquired before marriage and then split community debts equally.
Spousal support gets a little more complicated and will only apply in some situations. There is no hard and fast law in Nevada about how to calculate spousal support. Talk to your divorce attorney if you think spousal support should be part of your divorce decree.
Some complex situations will need extra consideration. For example, if one or both spouses own a business. That business will need a business valuation and then split equally. Dividing retirement funds are another example of a complex situation which requires extra attention.
With children, the courts are more specific. Nevada prefers the parents have joint custody of the child to foster healthy relationships with each parent. You can use a child support calculator to find the exact amount of child support one or both parents must provide. However, you can modify child support orders.
In a divorce the couples or the judge may need to make decisions on five areas; child custody, child support, division of assets, division of debts, and spousal support.