5 Things You Must Know Before Filing For Divorce in Nevada

By December 7, 2016Family Law
nevada divorce attorney

A marriage dissolution is a process that is sometimes necessary because of irreconcilable differences or incidents that destroy the fabric of the marriage. It is totally understandable that some people just cannot repair a marriage once it is ruined. A spouse can visit a divorce attorney in Las Vegas to help with the proceedings. However, that person will need to know the following details before he or she continues with the procedure:

1. The Filer Must Meet Residency Requirements

The first thing that the person must remember before filing for dissolution is that he or she must meet residency requirements in the state of Nevada. The individual must live in the state of Nevada for at least six weeks for he or she can file a complaint for a dissolution. If the filer has not lived in Nevada for six weeks, then the complaint recipient must have lived in Nevada for six weeks. The filer can apply for a dissolution once that requirement has been met by one of the parties.

2. Two Types of Filing Exist

Your divorce lawyer can assist with one of the two types of dissolution. The first type of filing is a “no fault” type. The other type of filing is a “fault” type. The “no fault” dissolution is a type of dissolution in which both parties agree to divorce from one another. The parties can receive an approval for a “no fault” divorce if they have been living separate for longer than a one-year period.

The other two legal grounds for dissolution are “insanity” and incompatibility. To get a dissolution based on insanity, the one spouse must be able to prove that a state entity has declared the other spouse insane according to the state’s statutes. Incompatibility just means that the two parties could not get along, and neither of them sees that there is a possibility that they will get along.

3. Desertion Equals Dissolution

A person can file for dissolution based upon a desertion by the other spouse if that desertion lasts more than 90 days. The 90-day desertion can serve as the basis for a legal separation, and the person could easily receive a full separation and divorce by the judge’s hand.

4. Property Distribution Can Be Scary

Property distribution is a complex aspect that requires the representation of an attorney. The applicant will need to speak to a lawyer if the two parties cannot agree on how to distribute the property. If the parties do not reach an agreement, then the courts will decide on the arrangement for them.

5. Child Custody Issues Are Complex

Child custody laws have changed in just about every state in the United States. The mother does not automatically receive the child any longer. The courts take a number of criteria into consideration, including the level of conflict between the parents, the relationship between the child and the parents and the willingness of one parent to foster a loving relationship between the child and the other parent.

Any interested person can contact Ghandi Deeter Blackham Law Offices at (702) 878-1115 and schedule a consultation today to discuss your options in a potential divorce.

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