Nevada Family Law & Divorce Attorneys
Family law encompasses all those legal issues involving those related by blood, marriage, adoption, or domestic relationship; whereas, divorce law deals with the dissolution of a marriage and associated legal issues, namely property distribution, alimony, child custody, and child support.
Generally, Nevada family law and divorce lawyers handle legal issues dealing with marriage, prenuptial agreements, divorce, same sex couples, living together, name changes, adoption, surrogacy, grandparents’ rights, child custody, paternity, child abduction, child support, alimony, child abuse, minor emancipation, guardianship, and domestic violence.
Family Law and Divorce FAQs
How much alimony will I have to pay if I get divorced?
The goal of alimony is to keep one spouse from becoming impoverished; when you got married, in the eyes of the law, you promised to financially provide for your spouse. And, although, you have the right to get divorced, you must fulfill that original promise of support to the extent required by law.
The amount of alimony required is decided on a case by case basis and your divorce attorney can provide a specific estimate based upon your individual circumstances. However, in general, alimony is determined by analyzing any financial support provided by your spouse while you obtained your education or started a business, the length of the marriage, and the income, earning capacity, health and education of both you and your spouse.
If I get divorced will I lose custody of my child?
Often parents share both legal and physical custody in a “joint custody” agreement. This means that the children spend equal time with both parents.
In other cases, because of an agreement between parents or if the court deems it to be in the best interests of the child, one parent is granted custody and the other has visitation rights.
If my spouse doesn’t pay the required child support, can I keep him or her from visiting our child?
The right to visitation is not conditional upon the payment of child support. If you are not receiving mandatory child support payments, consult with a qualified Nevada family law attorney. Wages and bank accounts can be garnished to better ensure payment.
Family Law Glossary
Grounds for Divorce
Nevada, like all states, has no-fault divorce which is most commonly selected in divorce filings. “No-fault” means that neither spouse is being legally blamed for the divorce; instead, “irreconcilable differences” are cited as the cause of the divorce.
Though not as commonly cited as no-fault divorce, fault-based divorce can be based upon adultery, impotency, mental cruelty, physical cruelty, desertion, attempted murder, habitual drunkenness, use of addictive drugs and insanity.
Parents of minor children should appoint a guardian and contingent guardians, in a stand-by guardianship document and in their will. A guardian takes physical care of minor children when their parent cannot. Legal guardians are authorized to make legal, medical, welfare and lifestyle decisions for the child when a parent cannot due to incapacity or death.
A stand-by guardianship document is effective during incapacity in the parents’ lifetime; whereas, a will is effective after the parents’ death.
Best Interests of the Child
Only those facts that directly affect the well being of the child are considered by the court in deciding custody and visitation.
Minor emancipation is often called a “divorce from parents” because a minor seeks to break the legal parent/child bond while the child is 17 years of age or younger. If granted, the minor can make his or her own legal, medical, lifestyle, and welfare decisions.