No lawyer can promise that ending a marriage will be a stress-free experience, but the Miley Law Firm, P.C. in Las Vegas works diligently to establish fair divorce terms for Nevada clients. I have represented spouses for more than two decades and give each person I represent individualized advice on concerns including alimony, custody, property division and child support. Regardless of what precipitated your divorce, my firm will help you start a new chapter in your life on a positive note.
Take the first step toward a fresh start. Call the Miley Law Firm today at 702-942-0600 or fill out our contact form for personalized legal guidance.
Property Division and Legal Separation Rules
To seek a divorce in Nevada, you must have resided in the state for at least six weeks. The process can be relatively quick if the parties are in agreement on pertinent terms. After learning about your circumstances and objectives, I can outline legal concepts such as:
NO-FAULT DIVORCE IN NEVADA
Nevada is a no-fault divorce state, which simplifies the process by not requiring either spouse to prove wrongdoing. In a no-fault divorce, the grounds are: either the spouses are incompatible or the spouses have lived separately for at least one year. This allows the divorce process to focus on resolving key issues such as property division, child custody, and alimony without unnecessary conflict over blame. While fault doesn't play a role in granting the divorce, behavior during the marriage can still affect custody or support decisions, particularly if it impacts the welfare of the children.
COMMUNITY PROPERTY IN NEVADA DIVORCES
Nevada follows community property laws, meaning that any assets or debts acquired during the marriage are considered jointly owned, regardless of which spouse earned the income or made the purchase. This includes real estate, retirement accounts, and even debts like credit card balances. However, disputes often arise over whether a particular item is community property or separate property—assets owned by one spouse prior to the marriage or received as a gift or inheritance. My firm is experienced in resolving these disagreements, ensuring that your rights are protected and that assets are fairly divided.
LEGAL SEPARATION IN NEVADA
If you’re not ready to end your marriage but no longer wish to live together, legal separation is an option that allows couples to remain married while living apart. Legal separation addresses the same key issues as a divorce, such as property division, child custody, and financial support, but without dissolving the marriage. For some couples, this allows them time to consider reconciliation or for them to retain certain benefits that come with marriage, such as health insurance or tax advantages. We can help you negotiate and create a legally binding separation agreement tailored to you.
Skilled Representation in Alimony Matters
Within the state, courts can order four types of alimony. Temporary spousal support might be awarded to assist a spouse while a divorce proceeding is pending. After the marriage is completely dissolved, one party might seek short-term payments so that they can deal with the transition to single life. Often, rehabilitative alimony is the preferred type of support because it gives someone who previously was a stay-at-home spouse the funds they need to maintain their standard of living while establishing or re-establishing the skills required to support themselves. Finally, what is referred to as permanent alimony (though it can be terminated upon remarriage or some other change in circumstances) is sometimes granted if the recipient ex-spouse cannot find a suitable job due to a disability, child care responsibility or extended period of time out of the workforce.
Custody and Child Support Solutions
Divorcing spouses who share minor children have a special responsibility to their sons and daughters. To help make things easier for everyone, my firm seeks creative ways to resolve matters pertaining to legal authority, residence, visitation and child support. It’s often best to make every effort to establish legal and physical custody arrangements through consensus as the parties will have to abide by the terms that are set for many years to come. If necessary, I will represent you in court to help see that accurate information is presented to the judge and to advocate for a resolution that truly is in your child’s best interests.
Schedule a Consultation with The Miley Law Firm
The Miley Law Firm, P.C. provides comprehensive advice and advocacy in Nevada divorce cases. If your marriage is ending, please call 702-942-0600 or contact me online to make an appointment for a consultation at my office in Las Vegas.
Frequently Asked Questions About Divorce in Nevada
How long does it take to get a divorce in Nevada?
If both parties agree on the terms of the divorce, the process can be completed in as little as 1-3 weeks. However, contested divorces may take longer, depending on the complexity of the issues involved.
What are the grounds for divorce in Nevada?
Nevada is a no-fault divorce state. The primary grounds for divorce are incompatibility or living apart for one year without cohabitation.
What is considered community property in a divorce?
Community property includes all assets and debts acquired during the marriage. It is generally divided equally between the spouses, regardless of who earned or accumulated the property.
Do I have to go to court for my divorce?
If you and your spouse agree on all terms, you may not need to appear in court. However, contested issues may require court appearances to resolve disputes over property, custody, or alimony.
Can I get spousal support (alimony) in Nevada?
Yes, Nevada courts can award different types of alimony, such as temporary, short-term, or permanent support, depending on the circumstances of the marriage and each spouse's financial situation.
What is the difference between legal separation and divorce?
A legal separation allows couples to live apart and resolve key issues like property division, custody, and support while remaining legally married. Divorce, on the other hand, legally ends the marriage.
