Are you considering divorce but feeling overwhelmed by conflicting information from friends, family, and the internet? As Henderson divorce attorneys, we frequently encounter clients who come to us with misunderstandings about the divorce process. Let’s clear up some of the most common misconceptions we encounter in our practice.
Mothers Always Get Primary Custody
One of the most persistent myths about divorce is that mothers automatically receive primary custody of children. In Nevada, as in other states, the court’s primary concern is the best interest of the child. Both parents begin with equal rights to custody. The court considers each parent’s relationship with the child, their ability to provide a stable environment, work schedules, living situations, and the child’s relationship with siblings and extended family. Any history of domestic violence or substance abuse will also factor into the decision. Gender alone never determines custody arrangements.
Everything Will Be Split 50/50
While Nevada is a community property state, this doesn’t automatically mean all assets will be divided exactly in half. The court considers various factors when determining an equitable distribution. These include the length of the marriage, each spouse’s economic circumstances, future earning potential, and contributions to the marriage (including homemaking). The court also examines any premarital or separate property, as well as retirement accounts and pensions, before making a final determination.
You Need to Prove Fault to Get a Divorce
Nevada is a “no-fault” divorce state, meaning you don’t need to prove your spouse did something wrong to obtain a divorce. You can simply cite “irreconcilable differences” as the reason. This approach often helps reduce conflict and streamline the divorce process.
If Your Spouse Doesn’t Want a Divorce, You Can’t Get One
This is completely false. In Nevada, if one spouse wants to end the marriage, they can do so regardless of the other spouse’s wishes. While an uncooperative spouse might make the process more challenging or time-consuming, they cannot prevent the divorce from happening.
You Don’t Need an Attorney for an Uncontested Divorce
While it’s possible to handle your own divorce, even seemingly simple divorces can have complex implications for your future. A qualified attorney can ensure all necessary documents are properly prepared and filed, identify potential issues you might not have considered, and protect your rights regarding property division and custody. They’ll also help avoid future legal complications and provide guidance on tax implications and retirement accounts.
All Divorces End Up at a Trial
Many divorces are settled through negotiation or mediation without ever going to trial. Alternative dispute resolution methods often save time and money while reducing stress and conflict. These approaches give parties more control over the outcome, help preserve relationships for co-parenting, and provide more flexible solutions than traditional litigation.
Child Support Is Optional or Negotiable
Child support in Nevada follows specific guidelines based on the gross monthly income of both parents, the number of children, the custody arrangement, and healthcare and childcare costs. While there may be some flexibility in extraordinary circumstances, child support is a right belonging to the child, not the parents, and cannot be waived.
Our Henderson Divorce Attorneys Are Here to Help
Understanding the reality of divorce law can help you make informed decisions about your future. If you’re considering divorce or have questions about the process, consulting with experienced Henderson divorce attorneys can help clarify your options and protect your rights.
At Dempsey, Roberts, & Smith, we understand that every divorce situation is unique. We’re committed to providing clear, accurate information and helping our clients navigate the divorce process effectively and efficiently.
Want to learn more about your rights and options? Contact our Henderson divorce attorneys for a consultation to discuss your specific situation. We’re here to help you understand the reality of divorce law and guide you through this challenging time.