Sometimes, married couples delay filing a petition for divorce with the help of a family law firm simply because they dread the litigation process. Divorce litigation often takes a long time to resolve and it can be highly stressful to discuss personal matters in court. However, it can also be quite stressful and unhealthy to stay in an unhappy marriage. This is why Smith Legal Group is pleased to offer our divorce mediation services to couples who feel that they can amicably work out their differences without the need for a prolonged court battle. At our family law firm near Las Vegas, you and your spouse can work with a divorce attorney who is also a skilled, qualified mediator.
Our mediators understand the intricacies of Nevada family law and they are dedicated to helping spouses who are at odds with each other come to mutually beneficial compromises. With our help, you and your spouse can develop a fair, equitable mediated divorce agreement that the family court judge will accept and enforce.
Like most states, Nevada provides married couples with ways of seeking fault-based divorces and no fault divorces. To determine if you meet the eligibility requirements to file for divorce , you can consult a Las Vegas divorce attorney. Your divorce attorney can help you navigate divorce litigation and recommend the type of divorce you should file for. Many individuals choose a no-fault divorce, which may be granted on grounds of incompatibility. Additionally, either spouse may request a no-fault divorce if the two of you have been living separately for at least one year.
You can learn about fault-based grounds for divorce by watching this video or by consulting your family law attorney. This legal expert lists grounds for divorce such as adultery and cruelty. However, in Nevada, the only acceptable reason for a fault-based divorce is proof of insanity of the other spouse, which must have existed for at least two years prior to filing the petition.
There is no standard formula you can use to determine when it’s time to obtain the help of a Las Vegas divorce attorney. Every couple has unique marital problems and varying levels of commitment. However, if you find yourself frequently wondering if your quality of life would improve if you did consult a divorce attorney , it may be time to analyze whether your relationship is salvageable.
Your Spouse Seems More Like a Roommate
Most marriages do not fall apart overnight. They gradually disintegrate over the years until the romance is gone and neither spouse enjoys each other’s company. In fact, one of the most common reasons for initiating divorce litigation is that the marriage feels more like a practical living arrangement, rather than a relationship. If you and your spouse are rarely intimate or are staying together merely for financial advantages, it may be in your best interests to seek the legal guidance of a divorce attorney.
You and Your Spouse Argue Constantly
It’s rare for a couple to never fight at all. One sign of a healthy marriage is the ability to disagree, and then to resolve differences with clear communication. If you and your spouse can’t seem to see eye to eye any longer, consider talking to a Henderson family lawyer. Many couples decide to file for divorce when they realize that they’re arguing over the same issues over and over again, yet never managing to resolve anything. Sometimes, marriages characterized by constant arguments are also marked by verbal abuse. Verbal abuse can be difficult to recognize. If your spouse is verbally abusing you, you may feel as though you no longer have any self-confidence, that you have to walk on eggshells at home, or that your spouse is purposely trying to hurt your feelings.
Marriage Counseling Hasn’t Helped
Often, one or both spouses try to work with a marriage counselor before meeting with a divorce attorney. Marriage counseling can often save relationships by helping spouses view situations from the other’s perspective. If you’ve tried marriage counseling and it doesn’t appear that your relationship has improved, you might consider filing for divorce.
The decision to end a marriage usually takes time, as you may find that your feelings tend to change on a daily basis. Some days you may feel more confident that your marriage is over, while on other days you may be focusing on your remaining love or how divorce will affect your family. Before you meet with a divorce lawyer serving Las Vegas , there are some questions you can ask yourself to determine if your marriage can be saved.
Are you simply threatening divorce?
As a divorce attorney will advise you, filing for divorce means separating all legal, practical and emotional aspects of your life from your spouse. In heated marital arguments, you may find either you or your spouse threatens divorce. But, if you consistently threaten divorce during an argument, you lose credibility. Your decision to divorce should come from a desire to close the chapter of your life you share with your spouse. This means you should be considering divorce even when you are not fighting with your spouse.
Is this an emotionally reactive decision?
Filing for divorce means entering a legal process where you determine asset division or joint custody issues. In order to make appropriate decisions during this process, you need to let go of any strong emotional attachments toward your spouse. This means letting go of your feelings of love as well as your hostile and hurtful emotions. Making emotionally charged decisions don’t affect your underlying issues. If you begin your meetings with a divorce attorney angry, you will likely stay angry once the divorce is final.
Can you take control of your life?
Whether you initiated divorce or you are meeting with a family law attorney in response to your spouse filing for divorce, you need to react appropriately. The attitude you choose to adopt will determine the type of divorce you have. Instead of entering the process from a position of bitterness or revenge, negotiate your future from a position of strength, understanding and respect.
In a fault divorce case, one party claims that the other party was at fault for the end of the marriage. If the other party disputes the grounds to the divorce claim, then he or she may be able to stop the divorce process. A no-fault divorce claim allows a couple to end their marriage without providing a reason for the dissolution of marriage.
As this divorce attorney explains, a party only needs to allege that the marriage is irretrievably broken in order to file for no-fault divorce. Even if the other party doesn’t want to divorce, he or she can’t dispute a no-fault divorce claim. The purpose behind no-fault divorce laws was to make the divorce process simpler. Laws regarding no-fault divorce vary by state, so you should consult with a divorce lawyer serving Las Vegas about Nevada laws if you are considering getting a divorce.
If your marriage has deteriorated and isn’t salvageable, it’s 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 doesn’t automatically mean that you will as well. It’s best to review the lawyer’s 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 lawyer’s 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 father’s 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 it’s 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, it’s 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 isn’t 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 spouse’s 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.
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 don’t have to prove any fault to get a divorce, but it’s important to remember that winning the actual divorce is only a small piece of a divorce attorney’s 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.
While divorce is an emotionally trying experience, itis important to keep the legal aspects in mind to protect your children and your financial future. That starts with meeting with a divorce attorney to understand grounds for divorce. If you have made the decision to divorce, seek out a Las Vegas divorce attorney to get the process started. Here are the basics you need to know about the legal grounds for divorce in this state.
Nevada has a strictly no-fault divorce system. That means that your divorce attorney can’t make the argument that some action by your spouse has led to the divorce, though he or she may argue that certain behaviors have led to an adverse financial effect when it comes to the distribution of property or that certain behaviors would have a detrimental effect on the best interests of a child in relation to the child custody aspects of your case. That notwithstanding, most divorces are granted on the grounds of irreconcilable differences, also sometimes referred to as incompatibility. This simply means that you and your spouse are unable to work out the differences between you in a way that allows you to continue with your marriage.
Although irreconcileable differences is one ground for divorce, Nevada also permits an application for divorce after spouses have been living apart for at least one year. Note that if you choose to divorce on this ground, your separation must have been physical and your divorce lawyer will need to prove that you have not shared a residence at all during that 12-month period. In the case of a desertion—when your spouse has left without warning and severed ties from the family for a period of 90 days—your divorce lawyer can apply for permanent support payments for yourself and your children without yet having to file for divorce.
Courts will award your petition for divorce if you can demonstrate that your spouse has been suffering from insanity for two years prior to your filing. During the divorce litigation, your attorney may need to call an expert witness to prove your spouse’s condition. Establishing that your spouse has been suffering from insanity for this period may also impact the division of property and child custody aspects of your case.