Chris Willett, Las Vegas, NV
Reno Divorce Lawyer
We understand dealing with a divorce can be very stressful. Please contact these attorneys to help you make the process easier for you. You can trust these attorneys to treat you with respect and help you with your divorce. Please call us if you have any questions or just need to talk! 800-748-5590
Beth Luna
Marta Presti
Rodney Sumpter
If you're an attorney and you'd like to be included in this list, please e-mail cj@attorneyguide.com.
FAQ's
Who can get divorced in Nevada?
Any married person who has been a resident and physically present in Nevada for a period of six weeks and has the intention of remaining in Nevada indefinitely. “Indefinitely” means that at the time of filing for divorce, the person filing for divorce has no immediate plans to move out of Nevada. You must also provide a witness who lives in Nevada who can testify in person or sign an affidavit that, based upon his or her personal knowledge, you have lived in Nevada for at least six weeks. For child custody issues to be decided, the child must have lived in Nevada for six months prior to the filing of the divorce case.
What are the grounds for divorce in Nevada?
- The parties are “incompatible;” or
- Insanity for two years prior to the action; or
- Spouses living separate and apart for more than one year.
Note: it is not necessary to make or prove allegations of adultery, mental cruelty, etc. to obtain a divorce in Nevada.
What kinds of things will the court decide as part of the divorce case?
- Temporary issues and orders during the divorce process
- Division of property, both separate and community.
- Division of debts, both separate and community.
- Child custody, both legal custody and time-sharing (physical custody).
- Child support.
- Alimony.
Note: If the spouse you are divorcing does not (1) live in Nevada, (2) make a legal “appearance” in the action, and (3) if that spouse does not have significant contacts with Nevada, the court will only be able to address marital status, and such property and (sometimes) such children as are in Nevada.
Can a husband and wife agree on how to divide their property and debts?
Yes, the court prefers that the parties negotiate a division of property and debts. The agreement should be in writing and is then normally approved by the court.
How does the court divide the property?
If the parties do not agree on how to divide the property, the court will normally divide the “community property” equally. In rare instances, the court may find compelling reasons to divide the community property unequally. Each party normally gets to keep their own “separate property.” Separate property is the property that a party (1) owned prior to the marriage, (2) obtained by gift or inheritance, or (3) received as a result of an award or settlement for personal injury damages. All other property is normally community property. The court may give back to one party his or her separate property that had been invested in community property, such as a down-payment, as long as it can be clearly identified.
Can a husband and wife agree on child custody issues?
Yes, the court prefers that the parties negotiate child custody issues, including specific times for weekly time sharing, holidays, summer vacations, etc. The agreement should be in writing and is then normally approved by the court.
Are prenuptial agreements enforceable in Nevada?
A prenuptial agreement for support and division of property may or may not be upheld in Nevada, depending upon the circumstances. There are fairly strict requirements in Nevada law regarding prenuptial agreements. Both prospective spouses should seek legal counsel before signing such an agreement.
Read this great article from our very own Beth Luna of Luna Law Firm.
Understanding Attorney Retainer Agreements - Reno Family Law Blog - Reno Nevada Divorce Attorney - The Luna Law Firm
Author: K. Beth Luna
Whether you are hiring an attorney for a divorce, child custody matter or other family law matter in Nevada, you are likely to be asked to provide a retainer prior to the attorney starting work on your case. Retainers are money given to an attorney and held in trust, deposited into a special bank account called a Trust Account. The attorney then bills against your retainer as work is completed in your case. The money held in trust technically belongs to you, the client, until work is billed. Once work is billed, funds are usually transferred from trust to the attorney's operating account. Thus, if your case ends or you switch attorneys and still have a retainer in trust, that money must be returned to you or transferred to your new attorney.
The retainer you are quoted may not necessarily cover the entire cost of your case. If the retainer is depleted, your attorney may ask you to replenish and pay any balance that is owed. When hiring an attorney, you should always inquire about his or her policies for replenishing retainers and interest charged on outstanding balances. This information should also be clear in the retainer agreement between you and your attorney.
When you hire an attorney, be sure you understand the agreement, the costs associated with the case and the expectations on your retainer. As with any divorce or child custody case, we recommend that you obtain advice from counsel in the jurisdiction where your case is filed about your specific issues. K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada. The information provided is based upon Nevada law only. If you are looking for information for another jurisdiction, please contact an attorney in that area.
This post is not meant to be legal advice. If you are interested in retaining counsel, we are happy to set a consultation. The Luna Law Firm provides legal representation in divorce, child custody, visitation, and other family law matters in the Reno, Nevada, Carson City, Nevada and surrounding areas.
About the Author
Attorney K. Beth Luna started The Luna Law Firm with the intention of creating a Nevada family law practice that focused on the individual client and his/her needs. After years of practicing family law in the Reno, NV area, Ms. Luna quickly realized that family law cases including divorce and child custody are unique and require an approach that is reasonable yet aggressive when necessary to balance out each individual and their family's best interests.
Consultations may be set by calling 775-686-2490. Please visit our Web site to view our Areas of Practice. View our weekly legal articles for The Luna Law Firm – Reno Family Law Blog. Visit The Luna Law Firm Website today.
