702-680-1780

Las 6 preguntas más frecuentes sobre la residencia para un divorcio en Nevada

El proceso de divorcio en Nevada puede ser confuso y abrumador, especialmente cuando se trata de cuestiones de residencia. Aquí están las 6 preguntas más frecuentes sobre la residencia para un divorcio en Nevada:
1. Cuánto tiempo debo vivir en Nevada antes de poder presentar una solicitud de divorcio?
Para poder presentar una solicitud de divorcio en Nevada, al menos uno de los cónyuges debe haber residido en el estado durante al menos seis semanas antes de presentar la solicitud.
2. Puedo presentar una solicitud de divorcio en Nevada si me casé en otro estado?
Sí, siempre y cuando uno de los cónyuges haya residido en Nevada durante al menos seis semanas antes de presentar la solicitud de divorcio.
3. Qué documentos debo presentar para demostrar mi residencia en Nevada?
Para demostrar su residencia en Nevada, puede presentar una copia de su licencia de conducir de Nevada, una factura de servicios públicos a su nombre en Nevada, o cualquier otro documento oficial que demuestre su residencia en el estado.
4. Puedo solicitar un divorcio en Nevada si mi cónyuge vive en otro estado?
Sí, siempre y cuando uno de los cónyuges haya residido en Nevada durante al menos seis semanas antes de presentar la solicitud de divorcio.
5. Qué pasa si mi cónyuge presenta una respuesta y cuestiona la residencia?
Si su cónyuge cumple con el requisito de residencia, el tribunal puede exigirle que proporcione prueba de residencia, como facturas de servicios públicos, contratos de arrendamiento o registro de votantes.
6. Puedo solicitar el divorcio en Nevada si estoy en el ejército y Nevada es mi estado de origen?
Sí, si está en el ejército y está destinado fuera del estado, puede solicitar el divorcio en el estado siempre que cumpla con los requisitos de residencia.
En conclusión, comprender los requisitos de residencia para un divorcio en Nevada es crucial para garantizar un proceso de divorcio exitoso y sin problemas. Si tiene más preguntas sobre la residencia para un divorcio en Nevada, llámenos al 702-680-1780

    Are you Looking for an Uncontested Divorce Lawyer?

    In a large majority of cases, couples opt to do an uncontested divorce.

    Most people who are about to get divorced realize-once they’ve done some research-and provided they are willing to agree on how to divide their property and debts, and deal with issues related to their children, if any, realize they are better off with a Las Vegas divorce lawyer who won’t lead them right into a divorce trial at great expense.

     

    What Type of Uncontested Divorce Lawyer Do You Need?

    Many Las Vegas lawyers will not even consider taking on an uncontested divorce because of the amount of time involved – up to 20 hours, especially if divorce mediation is involved. Your choices will be limited.

    1. There is the type of uncontested divorce lawyer who simply types up the paperwork however you tell them to do so and files them at court, which might not always be to your benefit.
    2. Then, there is the type of uncontested divorce lawyer who will encourage you to go through divorce mediation if he or she detects uncertainty or unfairness in your wishes, especially after a long-term marriage with assets, substantial or not. And also if you are unsure how to manage child physical custody.

    This is the best type of uncontested divorce lawyer to retain.

    This second type of divorce lawyer most likely has many years of experience and expertise in the field of family law, and is well respected by his peers.

    Look for someone with a good public reputation with no complaints against him or her with the Nevada State Bar. If Las Vegas lawyer has been practicing here for many years and has no complaints filed against him or her, it’s a good sign that they run their legal practice ethically.

    This type of divorce lawyer will treat your case as unique no matter how simple it might to you, because, despite similarities, every divorce is different. This type of uncontested divorce lawyer can also tell you if hiring them would be financially beneficial to you or not after they’ve reviewed all the facts surrounding your case.

     

    How Will an Experienced Lawyer File your Uncontested Divorce?

    1. A joint petition divorce might be filed if both parties are willing to sign the divorce paperwork. This is the fastest, simplest way to file. If you opt to undergo divorce mediation first, it will take a little longer, but usually not that much longer; the extra week or so is well worth it so you can feel at peace about how the division of assets was decided.
    2. A Complaint for Divorce might be filed if one party cannot participate in so far as signing the paperwork before filing, or cannot sign at all. For instance, a deeply religious person whose religion doesn’t approve of divorce might not contest the divorce, but might also not want to sign divorce paperwork.

    In the end, both ways of filing get the same result: a final decree of divorce.

     

    How Long Will it Take to get my Uncontested Divorce in Las Vegas?

    A joint petition is much faster, essentially because both parties have signed the paperwork along with the attorney. This signals to the judge that they agree on property and debt division, and on any issues related to the children.

    If a complaint for divorce is filed instead, it will take longer because only the plaintiff and the divorce lawyer sign the paperwork before it is filed. Filing this way requires that the Defendant (the spouse who did not sign the paperwork) be found and served with the complaint and the summons by a process server. Once they’ve been served, they have 21 days to respond by filing a answer and counterclaim. If they do not, the divorce proceeds by a process of default. This essentially means the defendant does not object to the divorce because they did not file a response. It is rare for mediation to take place before a complaint for divorce is filed.

    If the Defendant files an answer and counterclaim, the divorce is now considered to be contested. There will now likely be additional attorney fees as there will be a lot more work involved for your divorce lawyer. He or she now takes off the hat of an uncontested divorce lawyer and acts as a litigator of the divorce.

    It may well turn out to be costly both financially and emotionally. Interestingly, the first thing Family Court in Las Vegas will do (and anywhere else in Nevada) is set a case management conference. This is essentially a mandatory divorce mediation before any divorce trial date can be set.

    If you retained an experienced uncontested divorce lawyer, he or she will be well-versed in mediation, and some are even court arbitrators. This type of lawyer will always do his or her best to mediate the points on which the parties don’t agree so a divorce trial can be avoided.

     

    How Do I Choose the Best Divorce Lawyer for my Uncontested Divorce in Las Vegas?

    Find a lawyer who advertises as one who handles uncontested divorces. This means he or she has represented many parties in their uncontested divorces, and will know all the best ways to go about it.

    Also, that lawyer is likely to have a good amount of experience with divorce mediation (in the event it’s needed in your case), and some will even be court arbitrators so they are well-versed in leading both parties toward resolution rather than right into divorce court.

    If you are looking for information on an uncontested divorce in Las Vegas, please visit our web site, https://NevadaDivorce.org, or call us at 702-680-1780 for a free consultation on whether an uncontested divorce is the best solution for you.

     

    How to Find the Best Divorce Attorney in Las Vegas For You

    How to Find the Best Divorce Attorney in Las Vegas For You

    Often, when you want a divorce in Las Vegas, you want it quickly. While no one enters into marriage expecting that things will end in a divorce, after making the difficult decision to end your marriage, you just want things to be over fast.

    Due to the complexities that often arise during the divorce process, working with an experienced divorce attorney in Las Vegas will be the best way to accomplish this. But not everyone goes around with attorney business cards in their pocket. Which means you have to go through the process of finding the right divorce attorney in some other way.

    How do you go about this search? Where do you start from? How do you know when you have the right attorney, and how do you ensure you get started on the right foot?

    Well, you can start here to learn all you should know about finding the best divorce attorney in Las Vegas.

     

    Why you need the best attorney for your case

    Finding the best divorce attorney in Las Vegas is likely the last thing on your mind while you are in the turmoil of divorce. The pain and frustration of the situation creates a need to get things over quickly, and because of this, you might settle on the first attorney you find.

    However, this can often be a bad decision. Due to the fact that divorce is a sensitive area of law, you need an attorney that genuinely cares about securing the best outcome for you. Your divorce attorney needs to appreciate your need for a quick resolution, without compromising on the necessity for a comprehensive and beneficial outcome.

    They also need to match your outlook on what you want from the divorce. Do you want a court-supervised process, or would you rather complete the whole divorce in a private and confidential mediation? Your attorney should be able to deliver on your expectations.

    If you don’t agree on property and debt division, or on child physical custody and child support, it’s always best to mediate. Divorce mediation avoids a costly divorce trial. It’s also less acrimonious, an important factor if you have minor children to keep raising with your soon-to-be-ex after the divorce, or a business to keep running with them.  So, it’s best to retain an attorney who customarily conducts divorce mediation so that you are not automatically guided toward the divorce trial route.

    You may not immediately find these qualities in the first attorney you come across. And even when you think these qualities are there, it makes sense to compare this attorney with others, and then pick the best one for your case.

     

    How to begin your search for a divorce attorney in Las Vegas

    Starting your search may be the most difficult part of the process, but there are several options to explore. These include referrals from friends and family, visits to local attorney offices, and online search via review sites and Google.

    • Referrals: Referrals are one of the most common ways that people find an attorney. According to a Legal Trends report by Clio, roughly 62% of people found an attorney this way in 2017. With a referral, you can easily find an attorney who has been tested by a loved one or close friend, and is now trusted.
    • Local attorneys: You may also begin your search by visiting the offices of local attorneys in your neighborhood who practice family law. There is nothing wrong with making an appointment with the attorney nearest you, telling them about what you need, and evaluating them on the basis of the information in this guide. But make sure you don’t end your search here. Go on to check them out online, and conduct your due diligence by comparing them with other divorce lawyers.
    • Online search: This is another great place to start from. With a quick Google search, you can easily get access to recommendations for several attorneys close to where you live in Las Vegas. But, again, it’s important to ensure your search is as wide as possible. You can use this opportunity to evaluate the websites and practice of the attorneys you found through other means. You can also visit attorney review sites such as Avvo, Best Lawyers in America, the Martindale-Hubbell Bar Registry, and Superlawyers for the most highly-rated divorce attorneys in Las Vegas.

    After your search, you should be able to draw up your shortlist. It is a good idea to have a shortlist of at least three attorneys. This gives you a good range of options that all have the potential to provide the representation you need. Keep your shortlist limited to attorneys that are located either within your neighborhood, or close enough that setting up a meeting with them won’t be a problem for you.

     

    Interviewing your Las Vegas divorce attorney

    If you know for certain your case will be contested, you should meet your attorney options in person before you make a decision on who to hire. But where this may not be possible, an online meeting can also do the trick, either through a video or audio meeting. Setting up an interview should not be too difficult, especially since most attorneys provide a free and confidential consultation for the first meeting.

    If you know your case will not be contested, it’s acceptable to deal with the attorney’s staff as lawyers closely monitor anything the staff does, and dealing with the staff instead of directly with the attorney will save you hundreds of dollars.

    To be certain that you make the most of an initial consultation, whether it’s with the attorney, or a case intake paralegal who works with the attorney, here’s some advice on what to take to the interview, and questions to ask.

     

    What to take to the interview 

    The goal of the interview is twofold – to help the attorney or staff learn about your case, and help you finalize your decision on choice of an attorney. For the attorney to learn about your case, it is important to take all the information that presents a complete picture of your case.

    The first thing you should have is a summary of your divorce case, and the circumstances it involves. What is your spouse’s outlook concerning the divorce? Are there any legal documents between you and your spouse (such as a prenup or postnup) that may affect the divorce? Ensure you provide a full and accurate description of all the facts involved.

    The next thing you should provide is any documentation that supports your story. If there was a prenup or postnup between you and your spouse, be sure to mention it, or bring it along if you meet the attorney in person. Finally, provide a clear outline of your goals, objectives, or preferences for the divorce. If there is any outcome that is important to you, such as child custody or property division, you should disclose it right away.

     

    Questions to ask the attorney or staff

    Remember that the interview is more or less a job interview, only in this case, you’re the one hiring. So, as you would with any job interview, you should come prepared with questions that help you evaluate the attorney. Start with questions:

    • Do they specialize in family law? Learn how much of their practice the attorney dedicates to family law. Also learn if they specialize in a specific type of family law, such as collaborative law, divorce mediation, or uncontested divorce cases.
    • Do they have experience with cases like yours? Ask if the attorney has handled cases like yours before and the outcome of those cases. This gives you a good idea of the attorney’s ability to deliver the outcome you desire.
    • How familiar are they with the courts and judges in Las Vegas? Great divorce attorneys have a lot of experience in local courts. This shows they are no strangers to local county law and divorce procedures.
    • How do they intend to handle your case? Ask how the attorney intends to deliver on the goals you have identified for your case. Let them explain the options available to you and their chances of success.
    • How much will your case cost? Finally, never leave the interview without a full understanding of what the attorney charges, and how much your case will likely cost. If your case is uncontested, look for an attorney who offers a flat-fee service.

     

    What will hiring a divorce attorney in Las Vegas cost? 

    Questions around how much will a Las Vegas divorce attorney will charge often factor heavily in the decision to hire a lawyer. Typically, divorce attorneys charge an hourly fee, especially for divorce proceedings that may be long or complicated. For less complicated proceedings, they may charge a flat fee.

    However, each attorney provides a flexible procedure to help clients learn about their fee structure, and adopt the most beneficial arrangement for them. Some even provide an unbundled services setup, so you only pay for the services you require. There are many options that will be available to you. Ensure you find out and learn thoroughly about these before making a decision.

     

    You can start your search here

    Experienced Las Vegas divorce attorney, James Smith, has represented parties in their Nevada divorce for over 25 years. With a BV rating (highest possible) from Martindale-Hubbell, Attorney Smith is recognized for providing thoughtful representation that helps couples find the best outcome possible. He is a highly experienced divorce mediator as well as court-certified arbitrator. Even in contested matters, he always strives to find the middle ground with the other party in order to avoid a divorce trial. Contact us to schedule a free and confidential case evaluation today.

     

    How Long Does It Take to Get a Divorce in Nevada?

    how long does it take to get a divorce in Nevada

    What influences how long it takes to get a divorce in Nevada the most is whether both parties sign the divorce papers.

    If both parties sign the documents, it takes less time than if only one party signs them. See below for details on both ways of filing a divorce in Nevada and how long each takes to finalize.

     

    HOW LONG DOES IT TAKE TO GET A DIVORCE IN NEVADA WHEN BOTH PARTIES AGREE?

    When both parties agree on all issues, the divorce is usually filed in the form of a joint petition for divorce. Below are the items on which the parties need to agree to proceed with a joint petition:

    • child physical custody
    • child visitation
    • alimony, if any
    • property and debts

    In  a joint petition divorce, the attorney represents both parties in a joint capacity, though the parties can each bring their own attorney to the table and still file a joint petition divorce once all the issues have been decided and agreed upon. 

    Both parties must sign the joint petition for divorce and the decree of divorce for this type of divorce. It cannot be filed with only the signature of one party to the divorce.

    Generally, it takes one to four weeks for a joint petition divorce to be granted in Clark County, Nevada when both parties sign the papers.

    How busy the court happens to be when your case is filed affects this timeline, as well as how busy your judge is at the time they are assigned the case.

     

    HOW LONG DOES IT TAKE TO GET A DIVORCE IN NEVADA WHEN ONLY ONE PARTY SIGNS?

    When only one party signs the divorce papers, he or she becomes the Plaintiff.  In this case, an attorney represents the Plaintiff  and files a complaint for divorce.  The attorney also signs the divorce papers, files the case on behalf of the Plaintiff, and handles all aspects of the case.  Usually, a different attorney will represent the Defendant and file an answer and couterclaim on behalf of the Defendant. 

    How long it takes to get a divorce in Nevada when a complaint is file depends on how easy or complicated it is to find and serve the Defendant.

    Filing a complaint for divorce entails the following three steps:

    • Filing the complaint for divorce
    • Having a summons issued
    • Serving the complaint and summons upon the Defendant through a process server

    How process service is conducted affects the length of time it takes to get the divorce.

    PERSONAL SERVICE:

    If you know where the Defendant lives and or works, and if they can be served personally (or any other person over the age of 14 at that same address is available to be served instead), it will expedite the process.

    What eats up time is the fact that after Defendant is served, there is a 21-calendar-days waiting period before the divorce can move forward. This is to give an opportunity to the Defendant to file an answer.

    If the Defendant does not file an answer and counterclaim, it takes approximately eight to twelve weeks to finalize the divorce when the Defendant is served personally.

     

    SERVICE BY PUBLICATION OR ALTERNATIVE MEANS

    If Defendant is not available for personal service—you don’t know where they live, and they can’t be found by a process server or investigator—the length of time to get a divorce depends on what the process server finds when they start looking for the Defendant.

    If no address is found for the Defendant, the process server provides the attorney with an affidavit of due diligence, which states everything the process server has done to find the Defendant.

    This affidavit is filed and presented to the judge, essentially asking permission to publish the summons. If granted, the summons is published once a week for five weeks. And nothing happens for at least 21 days after the last date of publication to give Defendant an opportunity to file an answer should they see the published summons.

    If Defendant is served by publication, it takes 16-18 weeks to get to the point where judge makes a decision on the divorce,  provided Defendant does not file an answer.  What can hold this up longer is if the process server finds several addresses for the Defendant. By law, an attempt has to be made to serve the Defendant at those addresses before publication can take place.

    Sometimes, at this stage, instead of publication, the judge will ask that Defendant be served by alternative means, meaning by social media if they have an active social media presence, or by email.

    If service occurs through alternative means, it takes about the same amount of time to obtain a divorce as when the Defendant is served in person. After alternative service, there is also a 21-day waiting period after the date of service before the process can move forward. This is, of course, provided Defendant does not file an answer and counterclaim.

    When a complaint for divorce is filed, and Defendant files an answer and counterclaim, how long it takes to get a divorce in Nevada is affected by whether the issues are resolved at the case management conference or whether they move on to trial. It can take many months and even more than a year if there are multiple court appearances.

     

    Other things of importance before a divorce is filed in Nevada:

    This means having lived in Nevada for six consecutive weeks before the filing of the divorce. The divorce papers also state that the resident filer has the intent to remain in Nevada after the divorce is filed and granted.

    If you have questions about the process, please call our office at 702-680-1780. It’s a free consultation to find out everything that needs to be done to get your divorce granted.

     

    Can You Get a No-Fault Divorce in Nevada?

    no-fault divorce

    A no-fault divorce means that there is no fault by either party involved in the divorce and is allowed in some states. Nevada is one of them.

    A divorce can be obtained much faster when there is no fault as no wrongdoing needs to be proven. In states where one must prove wrongdoing, a divorce can take years, and often results in high attorney fees and a lot of stress placed on the people involved.

    Nevada became a no-fault divorce state, one of the first to do so, for business reasons, as strange as it sounds.  The idea was to attract people from around the country, especially Californians, to come spend six weeks in Nevada.  Six weeks is the minimum amount of consecutive time one must be physically present in Nevada to become a resident of the state. Those who came to establish residency stayed at a “divorce ranch,” spent money at casinos, restaurants, and other businesses, bringing much revenue to the state.

    The paperwork for a no-fault divorce in Nevada states that “the parties hereto are incompatible in marriage and also are irreconcilable,” essentially saying that neither party is at fault, they have simply become incompatible and have no wish to reconcile.

    Not to say that there are never other reasons used in a divorce. Nevada law (NRS NRS 125.010) states causes for divorce as follows:

    1. Insanity existing for 2 years prior to the commencement of the action [the filing of the divorce]. Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action to give bond therefor in an amount to be fixed by the court.
    2. When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.
    3. Incompatibility.

    A large majority of Nevada divorces are filed based on incompatibility because, as you can see, it’s the easiest and simplest way to file.

    The rules regarding property, debt division, and child support do not change whether filing a no-fault divorce or one showing insanity or living separate for a year.

    In Nevada, it doesn’t matter what your spouse did or didn’t do that caused the breakdown of the marriage. The court treats all issues of property and debt division the same as if no one is at fault in a large majority of divorce cases.

    Same with child custody, visitation, and child support. Nothing that caused the breakdown of the marriage affects how the court handles these issues. The only exception is if one party harmed the children in some way. Family Court in Nevada thinks first and foremost of the well-being of the children.

    Here is a link to when the legislation moved to make Nevada a no-fault divorce state: https://bit.ly/2zZA2YY