How Does the Las Vegas Divorce Process Work?
The process of ending a marriage can be stressful, so it is important for you to plan ahead and know what to expect. An experienced Las Vegas, Nevada divorce lawyer at Pintar Albiston LLP can assist with the process of filing court paperwork and taking the necessary steps to end your marriage.
The steps involved in the Las Vegas divorce process will vary depending upon whether you and your spouse are in agreement on the issues in the divorce or not. Filing a joint petition for divorce can be simpler and easier, however it is not always possible. Your lawyer will help you with all of the steps involved so you can make the process as cost-effective, quick and stress free as possible.
Understanding the Las Vegas Divorce Process
The Las Vegas divorce process may begin as long as at least one spouse has lived in Nevada for at least a six week period of time. If neither spouse has lived in the state for that long, then residency requirements are not met and you will need to wait until sufficient time has passed. Provided you meet the residency requirements, you can then move forward with either a complaint for a divorce or a joint petition for divorce.
A joint petition for divorce is filed when the spouses agree on all of the issues involved in ending the marriage. For example, the spouses must agree on how they will divide up marital property; whether spousal support will be paid; the amount of spousal support to be paid; and the parenting plan that divides up custody of the children. The spouses must complete the joint divorce petition in full and together they must provide information on all aspects of the divorce settlement or they will not be able to go forward with a joint divorce.
Getting a joint divorce can be quicker and easier since you will not need to go to court to litigate the issues. After you have submitted the paperwork, you should get a decree of divorce in the mail. When this comes, that means that your divorce has been finalized and you are no longer legally married. An attorney can help you to complete the required paperwork and can assist you in the process of negotiating the terms of the divorce settlement agreement. In some cases, you may be able to get help from a mediator or from a collaborative divorce coach if you are unable to agree solely on your own about any of the terms of your divorce.
The Las Vegas divorce process is more complicated if the spouses do not agree on any aspect of the divorce. When this happens, one spouse will need to file a complaint of divorce. The paperwork must state the reasons for the divorce. There are three grounds for divorce in Nevada including insanity for two years leading up to the legal action; incompatibility of the couple; or the spouses living separately and apart for at least a year.
After the complaint is filed, the other spouse is served with divorce papers and is given time to respond. A hearing is scheduled to address custody, support, property division and other disputed issues. The judge makes a decision on the terms of the divorce and the marriage is dissolved.
Pintar Albiston LLP provides representation to clients throughout the Las Vegas divorce process, whether you are seeking a joint divorce or planning to go to court to argue for your preferred settlement. Call today to schedule a consultation and learn more.