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. Ultimately, however, there is no way to precisely predict an alimony result.
- 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 really does not matter who files for divorce first. The initial filer is referred to as the Plaintiff; and the answering party is 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.