If your marriage has deteriorated and isnât salvageable, itâs time to consult a divorce attorney . However, choosing the right family law lawyer near Las Vegas to guide you through the divorce litigation process can be tricky. You may wish to ask for referrals from any family members and friends who have also gone through a divorce. Bear in mind, however, that just because a friend had a great experience with one particular lawyer doesnât automatically mean that you will as well. Itâs best to review the lawyerâs credentials and evaluate for yourself whether he or she is the right lawyer for you.
The first step in selecting the right divorce attorney is to assess his or her experience. Check the lawyerâs website for biographical information. Many lawyers describe which law school they graduated from and what type of experience they have. Many lawyers specialize in one or a few different areas of the law. Make sure the attorney you select has plenty of experience with divorce litigation and divorce mediation, along with related issues such as child custody, child support, and fatherâs rights.
After you determine that a lawyer has sufficient experience to help you navigate the divorce process and get your life back on track, consider other factors such as the convenience of the law firm. Consider whether the law firm is close enough to your home or place of business. You may also prefer to choose a lawyer that offers appointments seven days per week and you may require after hours appointments to suit your schedule.
Affordability is a critical concern for many people who are going through the divorce process. Select a lawyer who offers an initial consultation free of charge. During the consultation, you can discuss the anticipated fees for the divorce. You may wish to select a lawyer who offers flexible payment plans.
During the initial consultation and throughout the divorce process, you can expect to discuss highly personal and sensitive issues with the lawyer. Your lawyer will need this information to represent your interests in court . This is why itâs best to choose a lawyer with whom you feel comfortable sharing personal details.
Normally, when an individual files for divorce with the help of a family attorney , that individual is the petitioner while the other spouse is the respondent. In these cases, the judge typically makes decisions regarding the division of assets and similar matters. However, Nevada residents have another option. They may choose to file a joint petition for divorce, which means that both spouses mutually agree to dissolve the marriage. A joint petition requires that both spouses come to an agreement regarding the crucial issues of divorce, including asset division. As with any type of divorce proceeding, itâs imperative that both spouses obtain the services of a family law attorney serving Las Vegas.
Working with Professionals
While it is possible for individuals filing a joint petition to represent their own interests, it generally isnât advisable. A family attorney is still needed to ensure that all of the paperwork is in order and will be acceptable to the judge. And while some couples may be able to amicably agree on some issues, other issues may require the help of a skilled negotiator. For example, a Henderson divorce attorney can help the spouses reach a mutually agreeable decision regarding the payment of spousal support and child support, in addition to child custody and visitation rights.
Submitting the Settlement Agreement
When both spouses agree to file a joint petition for divorce, they do not need to file a complaint. Instead, they will file a settlement agreement with the court. The settlement agreement is a written document that describes exactly how the major issues will be handled. It describes the joint custody or sole custody arrangement, spousal support, child support, asset division, and liability division. After the child support attorney draws up the document, both spouses must have their signatures notarized.
Submitting the Waiver of Rights
Along with the settlement agreement, the spouses must submit a waiver of rights to the court. This document waives each spouseâs right to service of process. By signing this document in the presence of a notary public, the parties both agree that they were fully informed of the divorce proceedings. Except under rare circumstances such as fraud, this document prevents an ex-spouse from later claiming that he or she was unaware of the terms of the divorce agreement.
Fathers often feel as though the court system favors the mother when determining issues such as physical custody. Although some judges may still hold a bias in favor of the mother, the law recognizes that fathers do have the same rights as mothers once paternity has been established. Fathers can work with a child custody lawyer to learn more about their legal rights. A family attorney can represent fathers in court and negotiate for custody orders that are in the best interests of the child.
You can watch this video to hear more about working with a fathersâ rights attorney near Las Vegas. This expert explains why some fathers may need to consult a lawyer even after court orders have been established.
Custody issues are a complex part of family law that vary from state to state. If youâre going through a divorce or separation and there are children involved, itâs a good idea to consult a child custody lawyer as soon as possible. At a family law firm near Las Vegas, you can discuss your goals for the outcome of the case, such as obtaining joint custody . Your child custody lawyer can also help you understand what you might expect from the proceedings and which types of child custody arrangements the judge may establish.
When a judge establishes physical custody, it means that a determination has been made regarding which parentâs residence the child will live in. The court may consider a wide range of factors when making this decision. The overriding factor concerns the best interests of the child. The court may also consider the capacity of each parent to provide care, the childâs relationships with various members of the family, the childâs age and gender, the continuity of a stable home environment, and each parentâs history of domestic violence, or drug and alcohol abuse. Depending upon the childâs age, the court may also consider the preferences of the child.
Your child custody attorney in Henderson can help you understand the differences between legal and physical custody . If youâve been awarded legal custody, it means that you have the authority to make major decisions regarding how your child is raised. This includes decisions regarding the childâs education, healthcare, and religious upbringing.
Many people who consult a child custody lawyer have the intention of pursuing joint custody. Joint custody may refer to either physical or legal custody, or both. When parents share joint custody of a child, it means that they both have the authority to make major decisions for the child and to have the child live at their residence. Typically, the child will primarily live at one residence and have frequent visitations with the other parent.
When a parent is awarded sole physical and legal custody of a child, it means the child will only live with that parent. The other parent may or may not have visitation rights, depending on the circumstances. Sole custody may be awarded in cases involving domestic violence and similar situations.
A no-fault divorce is a divorce that is granted without one of the spouses proving that the other spouse did anything wrong to break up the marriage. When your divorce attorney applies for a no-fault divorce , he or she will simply provide a reason the state recognizes for divorce, such as irreconcilable differences. Nevada is a no-fault divorce state in which no couple must argue fault to be awarded a divorce.
You may wonder why you need a divorce lawyer serving Las Vegas if you donât have to prove any fault to get a divorce, but itâs important to remember that winning the actual divorce is only a small piece of a divorce attorneyâs work. Your divorce lawyer will also help you negotiate things like division of property and legal and physical custody of your children. When deciding these issues, courts can and do consider fault, so your lawyer can help shield you from any accusations your ex-spouse might make while helping to make a case on your behalf.