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871 Coronado Center Dr., Suite 200, Henderson, NV 89052

Frequently Asked Questions Regarding Divorce

How long will it take to get divorced?

In Nevada, you can be divorced within just a few days, provided you and your spouse agree upon the terms of a settlement. If you cannot agree, however, it can anywhere from 6 months to a year to complete a contested divorce case, depending upon the complexity of the issues involved.

How much will my divorce cost?

Most attorneys bill hourly for their services, and there is often no way of predicting how many hours will be needed to complete your case, as there are too many variables that are beyond the attorney’s control. Some attorneys offer services on a flat fee basis. You may want to consider a flat fee arrangement when pursuing an uncontested divorce.

How much alimony will be awarded by the Court?

This is a difficult question to answer, as there is no mathematical formula approved by the Nevada legislature for calculating alimony. Instead, each judge makes a case-by-case decision regarding what is equitable based upon the particular facts of your case. There are prior reported case decisions, informal formulas, and other tools that an experienced attorney can use to help predict a range of possible results. A qualified attorney with experience should be able to draw upon past cases to provide you with an estimate.

Will my spouse be ordered to pay my attorney’s fees?

Generally speaking, each party pays their own attorney’s fees. There are exceptions, however, to that rule. For example, Nevada law requires that each spouse have the right to litigate on an “equal footing” with their spouse. That is, if your spouse has the resources to hire an attorney, then you are entitled to comparable representation. Therefore, attorney’s fees may be awarded depending upon the relative incomes and/or assets of the parties. Additionally, Courts may award fees where one party has been uncooperative in the case and/or non-compliant with Court orders. Attorney’s fees are mandatory when one party is collecting unpaid child support.

Does it matter who files for divorce first?

It does not matter who files for divorce first. The initial filer is referred to as the Plaintiff; and the answering party is the Defendant. The Plaintiff actually pays a slightly higher filing fee than does the Defendant. Nevada is a no-fault divorce state, and therefore, it makes no difference to the Judge who is asking for the divorce, why you are getting divorce, and/or whether one party is willing to stay in the marriage.

Why do some attorneys charge for a Consultation fee?

Think of the old adage “you get what you pay for.” An attorney’s time is his stock in trade. During your consultation, you will receive quite a bit of information about Nevada law, how the courts work, and what you expect in your case. Mr. Gordon will answer all of your questions and help you develop a plan of action. Mr. Gordon values the time that he takes to answer your questions and provide you with information concerning your case that is why a consultation fee is charged.

What does it mean that Nevada is a Community Property State?

In Nevada, all assets acquired during marriage are presumed to be community property, and in the event of divorce, those assets will be divided equally between a husband and wife regardless of who may have been the “breadwinner” during the marriage. Likewise, debts incurred during marriage by either party are treated as community debts and typically divided 50/50 in a divorce, regardless of who actually incurred the debt.

Must I live in Clark County, Nevada to file for divorce there?

You or your spouse must be a resident of Clark County, Nevada for 6 weeks before a divorce complaint can be filed. Residence is defined as physical presence plus the intent to remain Nevada your home for an indefinite period of time.

Will I need to disclose my finances to my spouse?

Yes. Nevada law requires that both parties make a full disclosure of assets and income as part of any divorce action. Each party is required to file a Financial Disclosure Form with the Court, within 45 days after the case begins, informing the Court and your spouse of all assets, debts, income, and expenses. Sanctions can be imposed against you for any deliberate concealment of assets or misreporting of income/expenses.

Are Prenuptial agreements valid in Nevada?

Yes, under certain conditions. There are specific requirements that must be adhered to when such an agreement is signed. If done correctly, prenuptial agreements are enforceable.

My spouse and I never fight about the children, so why do we need a custody schedule?

In all cases involving minor children, the final custody order must set forth a specific and detailed custody/visitation schedule that can be enforced by a Court. General statements that custody shall be shared “by mutual agreement” or that custody shall be “as agreed upon by the parties” are not acceptable.

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Address: 871 Coronado Center Drive, Suite 200, Henderson, NV 89052 Phone: (702) 363-1072