Dempsey, Roberts, & Smith, LTD (DRS) is a Nevada law firm experienced in all aspects of family law. Whether you’re considering marriage, facing divorce, or dealing with other family disputes, understanding Nevada’s specific laws is a must. Here are five things our family law attorneys feel you should know when considering separation.
5 Key Points About Nevada Family Law
- Residency Requirements: To file for divorce in Nevada, you (or your spouse) must have lived in the state for at least six weeks before filing. This can be an advantage for individuals seeking a divorce who don’t meet the residency requirements in their current state.
- Grounds for Divorce: Nevada recognizes three main statutory grounds for divorce: incompatibility, living separate and apart for over a year, or insanity. Depending on your situation, other grounds like cruelty or adultery may also be applicable.
- Division of Assets and Debts: Nevada is a community property state. This means most assets and debts acquired during the marriage are considered jointly owned. An attorney can help ensure a fair division of these assets and debts during a divorce. Separate property, acquired before marriage or through inheritance, is generally treated differently. In addition, a husband and wife can agree how to divide their property and debts. This agreement should be in writing and is then normally approved by the court.
- Child Custody and Support: When determining custody arrangements, Nevada courts prioritize the “best interest of the child.” There are different types of custody (physical and legal) that can be awarded to one or both parents. Child support is calculated based on a formula considering both parents’ income.
- Benefits of Hiring a Family Law Attorney: A qualified family law attorney can guide you through the legal complexities of your case. At DRS, our experienced attorneys can help with issues like child custody arrangements, property division, and ensuring a fair outcome in your family law matter.
A while back, Partner Ken Roberts wrote an informational brochure on Divorce for the State Bar of Nevada. While some of the numbers may be out of date, the core information remains just as relevant as it is today.
Understanding Nevada family law is essential for going through any significant life changes. Contact the experienced family law attorneys at Dempsey, Roberts, & Smith, LTD today for a free consultation to discuss your specific concerns. Let us help you through this challenging time.