How long does a divorce take?

There is no definite answer. If the two of you agree on all of the terms, it is possible to resolve a divorce quickly. However, even for a joint petition for divorce, there is no set time period, and it often depends on how long it will take the court to review the paperwork and sign off on the Decree of Divorce.

What is community property?

Nevada is a community property state, which means that any property acquired by either spouse during the marriage is divided equally during a divorce. The exception to this is property acquired as a gift, inheritance, or property owned prior to marriage that is kept separate from community property. A prenuptial agreement allows you to override this general rule and determine what is community property or separate property.

How does the court decide alimony?

There are a list of factors that the court considers in determining whether to award alimony. As a general rule of thumb, it will depend on the length of the marriage, the historical earnings of the parties, and one spouse’s need versus the other spouse’s ability to pay. There are also separate considerations for temporary awards of alimony to get a spouse through the divorce proceedings, versus permanent alimony awards.

What is a QDRO?

A QRDO is a Qualified Domestic Relations Order. It is used to divide retirement accounts. Depending upon the time of retirement plan, the order may be called a different acronym, but the concept is the same.

What is legal custody?

Legal custody is the right to make health, educational, and religious decisions for your child.

What is physical custody?

Physical custody is the amount of time that a child spends with a parent.  Joint physical custody means that each parent spends between 40-60% of the time with the child. Primary physical custody means that one parent has the child more than 60% of the time.

Will I have to pay child support?

Child support is calculated based on each parent’s income. If a parent has primary custody, the other parent will pay the parent with primary custody a percentage of their income based on the number of children, as follows:

For one child, 18 percent;

For two children, 25 percent;

For three children, 29 percent;

For four children, 31 percent; and

For each additional child, an additional 2 percent.

There is also a statutory cap for child support, which will apply based on your income. If the parents share joint physical custody, the applicable percentage is applied to each parent’s income, and the parent earning more will pay the parent earning less the difference between the percentage.

What if the parent does not pay child support?

There are collection and enforcement options available through the court and through the Clark County District Attorney’s office. The District Attorney can garnish wages and seek enforcement of payment in other states.

Can a parent refuse to allow visitation if child support is not paid?

Visitation and child support are two separate issues. Visitation cannot be withheld for not paying child support.

Do I have to go to mediation?

In cases involving children, mediation at the Family Mediation Center is mandatory. You will be referred to mediation at the beginning of all cases involving children.