Las Vegas Divorce Lawyer
Ending your marriage can be difficult for various reasons. It generally is an emotionally challenging matter to go through the process of disentangling your life from that of your spouse. This process can involve major and minor decisions and arrangements involving your finances, your home, other property, your children, and more. These matters can be agonizing, contentious, and complex, depending on your situation.
At Gary Huntsman Law, we have been helping Nevadans navigate the divorce process for more than 35 years. Our extensive experience in this field has given us an abundance of knowledge and insight into the process, the family court system, and all that divorce entails. Our client-focused team is here to provide you with tailored strategies designed to meet your individual needs and goals during and after your divorce.
Turn to Gary Huntsman Law for Trusted Service
Whether you are facing a relatively amicable divorce or one that is complex or contentious, you need to discuss the matter with a knowledgeable attorney before making any critical decisions. Gary Huntsman Law can ensure you understand your rights regarding all aspects of your case and represent your best interests throughout the process. We also provide legal help with terminating domestic partnerships.
Nevada is considered to be a much easier place to obtain a divorce than other states; however, that is only partially true. Nevada has a six-week residence requirement rather than the six-month or one-year requirement of many other states. In that regard, it can be faster to get a divorce in Nevada.
Nevada is also a no-fault state, meaning you don’t have to prove misconduct on the part of your spouse. Your simple testimony that you have irreconcilable differences that cannot be fixed is sufficient to obtain a divorce. You can also file for divorce if you and your spouse have lived separately and apart for at least one year or if your spouse has been deemed legally insane for at least two years before filing.
Where divorce becomes complicated or lengthy is when it is contested for one reason or another, such as over property, debts, children, or other issues. In these cases, it can still take a long time to get a Nevada divorce. The waiting time for contested cases varies from courtroom to courtroom, but, on average, it may take a year or more to complete a contested divorce. The time involved will depend on how long it takes to resolve your differences either through negotiation, mediation, or in-court hearings where you will be subject to court schedules.
All issues relating to your case will need to be resolved before your divorce can be finalized. These can include the division of marital property and debt, child custody, child support, and alimony where it is requested by either spouse.
Nevada is a community property state which means generally that the property, income, and other assets obtained during the marriage are presumed community property and would therefore be divided equally between the spouses. However, there are exceptions to this general rule.
Debts accumulated during the marriage would also be divided according to the same rules as community property. Together, we can negotiate a fair settlement on any issues and submit it to the court for approval. When the parties cannot agree on a particular issue, it will be left to the judge to decide.
Judges will almost always order you and your spouse to go through mediation before scheduling a divorce trial. This allows you and your spouse to work out the terms of your divorce with the help of a neutral third party. The mediator’s sole role is to facilitate communication so that you and your spouse can find common ground and reach an acceptable agreement to present to the judge. Our attorney can provide necessary counsel during the mediation process.