DIVORCE / LEGAL SEPARATIONS
Obtaining a divorce in Nevada involves several steps, and it's essential to understand the process to navigate it effectively. Here's an overview of the typical steps involved in obtaining a divorce in Nevada:
1. Residency Requirement: To file for divorce in Nevada, either spouse must meet the state's residency requirement, which typically is met by physically living in Nevada for at least six weeks before filing.
2. Grounds for Divorce: Nevada is a "no-fault" divorce state, meaning that you don't need to prove fault or wrongdoing to obtain a divorce. The most common grounds for divorce in Nevada is "incompatibility."
3. Filing the Complaint for Divorce: The divorce process begins with one spouse filing a divorce complaint in the appropriate Nevada court. The complaint outlines basic information about the spouses, their marriage, and any relevant issues such as child custody, support, and property division.
4. Serving the Divorce Papers: After filing the divorce petition, the Plaintiff must personally serve a copy of the Complaint and related documents attached to the other spouse, who is the Defendant.
5. Answer and Counterclaim: The Defendant has 21 days from service to file an Answer to the divorce complaint. In the Answer, the Defendant can either agree or disagree with the terms outlined in the complaint and submit a Counterclaim for their own requests. The Plaintiff will then have 21 days to respond to the Counterclaim.
6. Discovery: If there are contested issues, such as property division or child custody, both spouses may engage in a process called discovery. Discovery involves gathering information and evidence relevant to the case through methods such as depositions, interrogatories, and document requests.
7. Negotiation or Mediation: Many divorces in Nevada are resolved through negotiation or mediation, where the spouses work with their attorneys or a neutral third-party mediator to reach agreements on issues like property division, alimony, child custody, and child support.
8. Settlement Agreement: If the spouses reach agreements on all issues, they can formalize their agreements into a settlement agreement, which outlines the terms of the divorce. This agreement must be reviewed and approved by the court to finalize the divorce.
9. Trial: If the spouses are unable to reach agreements through negotiation or mediation, the case may proceed to trial. At trial, both parties present their arguments and evidence to a judge, who will make decisions on contested issues based on Nevada law and the best interests of any children involved.
10. Final Decree of Divorce: Once all issues are resolved either through agreement or trial, the court will issue a final decree of divorce, officially dissolving the marriage. This decree outlines the terms of the divorce, including custody, support, and property division arrangements. The process for Legal Separation (or Separate Maintenance) is similar to a divorce and can resolve all of the same issues. The major difference is the marital status will remain married. Some people choose to go this route instead of a divorce for different reasons, such as religion, taxes, or chances of reconciliation.
It's important to note that the divorce process can vary depending on the specific circumstances of each case, and it's highly recommended to seek guidance from a qualified family law attorney to navigate the process smoothly and protect your rights and interests.
Annulment
In Nevada, an annulment is a legal process that effectively declares a marriage null and void as if it never existed--unlike a divorce, which legally dissolves a valid marriage, Annulment is typically sought for marriages that are considered void or voidable under Nevada law.
There are two primary categories of marriages eligible for annulment in Nevada:
1. Void Marriages: A void marriage is one that is considered invalid from the beginning under the law. Grounds for a void marriage in Nevada include:
- Bigamy: One spouse was already legally married to another person at the time of the marriage.
- Incest: The spouses are closely related by blood, such as siblings, parent and child, or first cousins (unless the marriage is permitted under certain circumstances, such as adoption).
2. Voidable Marriages: A voidable marriage is one that is valid until it is annulled by a court. Grounds for a voidable marriage in Nevada include:
- Underage Marriage: One or both spouses were underage at the time of the marriage and did not obtain proper consent or authorization from a parent or guardian.
- Want of understanding: One spouse was incapable of assenting to the marriage.
- Fraud: One spouse entered into the marriage based on fraudulent misrepresentations by the other spouse.
- Contract Void In Equity: For any cause that is grounds for annulling or declaring a contract void in a court of equity.
To initiate the annulment process in Nevada, one of the spouses must file a complaint for annulment, providing evidence and supporting documentation to establish the grounds for annulment. The process of obtaining an annulment can vary depending on the specific circumstances of the case and whether the annulment is contested. You could file for an annulment in any county in Nevada if the marriage was contracted, performed, or entered into the State of Nevada or in the county in which either party has resided for six weeks prior to filing the complaint for annulment.
The annulment process in Nevada can be complex, and it's advisable to seek legal counsel from a knowledgeable family law attorney to see if you have grounds to file for annulment.
Custody
In Nevada, both parents have joint legal custody (decision-making authority) and joint physical custody (where the child resides) until otherwise ordered by a competent court with jurisdiction over the child. In custody cases in Nevada, courts must make custody orders that serve the best interests of the child involved. Nevada law emphasizes the importance of maintaining frequent and continuing contact between the child and both parents, unless it is determined to be contrary to the child's best interests. When making custody decisions, Nevada courts must consider the following best interest factors, among other things:
(a) The wishes of the child, if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody.
(b) Any parent's nomination of a guardian for the child.
(c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent?
(d) The level of conflict between the parents.
(e) The ability of the parents to cooperate to meet the needs of the child.
(f) The mental and physical health of the parents.
(g) The physical, developmental, and emotional needs of the child.
(h) The nature of the relationship of the child with each parent.
(i) The ability of the child to maintain a relationship with any sibling.
(j) Any history of parental abuse or neglect of the child or a sibling of the child.
(k) Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child, or any other person residing with the child.
(l) Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child.
Ultimately, the goal of Nevada courts in custody cases is to make decisions that promote the child's safety, well-being, and healthy development while also ensuring the child has meaningful relationships with both parents whenever possible. Each custody case is unique, and the court's decision is based on a thorough evaluation of all relevant factors presented during the legal proceedings. It's essential for parents involved in custody disputes to seek legal representation to advocate for their rights and interests and to ensure the best possible outcome for their child.
Child Support
In Nevada, child support is a legal obligation that parents have to financially support their children, typically after separation, divorce, or when parents are unmarried. The purpose of child support is to ensure that children receive financial support for their basic needs, such as food, shelter, clothing, education, and healthcare.
Nevada uses specific guidelines (NAC 425) to calculate child support payments. These guidelines take into account various factors, including who has custody, each parent's income, the number of children requiring support, and the specific needs of the children.
Child support orders may be modified under certain circumstances, such as a 20% change in either parent's income, the needs of the children, or changes in custody arrangements.
Family law attorneys can provide guidance on child support calculations, help negotiate agreements, represent clients in court proceedings, and assist with enforcement or modification of child support orders.
Post-Judgment Modifications or Enforcement
After a court has made a final court order in a family law matter, either party may file a motion to modify certain orders, such as alimony, child custody, or child support.
Alimony – Usually, a decree of divorce sets terms for alimony/spousal support, such as an amount, type of payment, and duration. By law, alimony terminates upon the death of either spouse or when the receiving spouse remarries. During that period, alimony can be modified based on chance. However, a decree may mention that alimony is non-modifiable. You should consult with an experienced family law attorney if you are seeking a modification or need help defending a motion to modify alimony.
Child Custody – In order to modify a physical custody order, you must show the court that there 1) has been a substantial change in circumstances affecting the welfare of the child and 2) the modification serves the best interest of the children. This is a high burden to meet, so it is imperative that you hire an attorney who is detail-oriented, a strong legal writer, and a zealous advocate in the courtroom.
Enforcement – Likewise, if someone is not following a court order, you will need to file a motion to enforce the court’s orders and possibly file a motion for the other party to be held in contempt. Consulting with an attorney helps determine which strategy and route to take.
Post-Judgment Relief and Appeals
If a party is unhappy with the final decision (a judgment) in the family law matter, they may have the option to request post-judgment relief, such as a motion for reconsideration, a motion to amend findings, a motion to set aside, or an appeal. Each type of relief has different deadlines for filing. It is important for you to consult with an attorney who has experience in these areas, such as the attorneys at Vazquez Family Law, to see which option best fits your case.
Termination of Parental Rights
In Nevada, terminating parental rights is a serious legal process that permanently severs the legal relationship between a parent and their child. They’ve called it the “civil death penalty.”
Termination of parental rights is typically pursued in cases where it is deemed to be in the best interests of the child, such as situations involving abuse, neglect, abandonment, or when adoption is being considered. A parent can voluntarily terminate the parental rights by signing a consent, which effectively leaves sole custody to the remaining parent. The person seeking to terminate one or both parents’ rights will file a petition and request a hearing. At the hearing, the court will determine if there is a basis for termination of parental rights and if it is in the best interest of the child. If a parent does not consent, they must be personally served with the petition and notice of hearing. The parent can file an objection and/or appear at the hearing to make an oral objection. If the parent cannot afford an attorney, he or she can ask to be appointed an attorney. The matter could be denied at the initial hearing or set for an evidentiary hearing.
Once parental rights are terminated, the parent no longer has any legal rights or responsibilities regarding the child, including custody, visitation, or financial support. Thus, it is crucial for you to consult with an attorney when seeking a termination of a parent’s rights, consenting to terminate your own parental rights, or need to defend your fundamental rights to parent. Call us today!
Family-Related Adoptions
Adoption can help provide stability and security for children. Sometimes, children are raised by stepparents, grandparents, aunts/uncles, or even older siblings. A person within the third degree of consanguinity of the child to be adopted or stepparent can streamline the adoption process without the need to go through an agency for investigation and pay fees. If a parent consents to the relinquishment of their parental rights for the purpose of adoption, or they are deceased, the person seeking to adopt can file a Petition for Adoption and set the matter for an uncontested hearing. If the parent is alive and does not consent, you will have to go through the process to terminate their rights first.
This can be a happy and special moment for your family. Please do not hesitate to call our attorney to help streamline this process without worrying about the court process and procedures.
Prenuptial and Postnuptial Agreements
Navigating the legal intricacies of marriage agreements can be daunting, but understanding the basics of prenuptial and postnuptial agreements in Nevada can provide clarity and peace of mind. Whether you're considering entering into a marriage or seeking to modify existing arrangements, this guide aims to provide comprehensive information on these legal documents within the framework of Nevada State Law.
Domestic Protective Orders
Domestic protective orders, also known as restraining orders, serve as vital legal safeguards for individuals experiencing domestic violence, harassment, or threats within intimate relationships or family settings. In Nevada, these orders offer essential protections and recourse for victims seeking to ensure their safety and well-being.
Temporary Protective Orders: Emergency orders prohibit the abuser from contacting or coming near the victim, their residence, workplace, or other specified locations, which are granted on a temporary basis to provide immediate protection to victims while awaiting a full court hearing.
Extended Protective Orders: Court-issued orders that offer longer-term protection and may include additional provisions such as child custody, support, or visitation arrangements.
Resources and Support: Victim Advocacy Services: Various organizations and agencies in Nevada offer support, advocacy, and resources for victims of domestic violence, including assistance with filing protective orders, safety planning, and access to shelters or counseling.
Legal Assistance: Victims seeking guidance or representation in obtaining protective orders can seek assistance from legal aid organizations, pro bono attorneys, or private attorneys specializing in family law.
Self-Help Center: The Self-Help Center offers free forms and assistance in filling out the forms in person, or it can also be done online at https://www.familylawselfhelpcenter.org/
If you need immediate assistance or there is an emergency, please call 911 first. Police officers may also be able to apply for an Electronic Protective Order (EPO) on your behalf.
Guardianship
Guardianships are designed to protect the interests and well-being of individuals who are unable to make decisions for themselves due to age, incapacity, or disability. In Nevada, guardianships can apply to both minor children and adults. Minor guardianships are established to ensure the safety, welfare, and best interests of children when their parents are unable to fulfill their caregiving responsibilities due to various reasons, such as incapacity, incarceration, or death. Adult guardianship, also known as conservatorship in other states, is when a guardian is appointed to make decisions for an incapacitated adult who is unable to manage their own affairs due to mental illness, disability, or age-related decline.
The application process can be overwhelming, especially given the notice requirements in Nevada. Individuals seeking guardianship in Nevada should consult with an experienced attorney specializing in guardianship law to navigate the process effectively and ensure compliance with legal requirements.