Las Vegas is notorious for being a destination for elopers. Fortunately, Nevada has generous annulment laws , which your family attorney can help you navigate. An annulment and a divorce are similar in that they both cancel a marriage. However, there are a few crucial differences. When you are granted an annulment with the help of a Las Vegas divorce attorney, it essentially means that your marriage never existed. In contrast, a divorce means that your marriage has been terminated.
As youâll learn by watching this video, an annulment offers numerous benefits. Many people prefer a wedding annulment for religious reasons. Others visit a family law firm to discuss an annulment because, unlike a divorce, it does not involve the court-ordered division of assets.
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.
In Nevada, without evidence to the contrary, the courts assume that joint custody is the best solution for children after a divorce. What does it mean to have joint custody of your child? A child custody lawyer in Las Vegas can help you understand all of the ramifications of this type of custody. This video also explains more.
Joint custody encompasses legal and physical custody. Joint legal custody means a shared right to make important decisions about a childâs life, such as medical decisions. Physical custody refers to where the child lives. You may ask your child custody lawyer to allow one parent to have physical custody, or you may choose for your family lawyer to negotiate shared physical custody. Your child custody lawyer will help you present a case which demonstrates that your desired custody outcome is in the best interest of your child.
Child custody is one of the many significant issues couples face during divorce. From the courtâs perspective, the only guiding principle is to make the decision that is best for the child, despite how much parents may disagree. A child custody lawyer can help you understand the law and devise the best possible case to help you get the outcome you desire. Talk to a child custody attorney in Las Vegas about your case to understand your options. Hereâs a look at some of the issues a judge considers when awarding child custody.
Most states have laws that provide a basic framework for how child custody should work in most cases. In Nevada, the law assumes that joint custody is in the best interest of the child. Usually, parents share legal custody, meaning they share the right to make education, medical, and other important decisions, and that one parent gets physical custody, meaning that his or her home is the primary residence for the child. However, many factors may make a judge determine that joint custody is not an ideal solution.
Past domestic abuse against anyone in the family can weigh heavily on child custody proceedings. If you or your children have been the victim of domestic abuse by your spouse, then your child custody lawyer may attempt to argue that shared custody and visitation are inappropriate. The courts will consider things like when the domestic abuse occurred and whether it was an isolated incident or a pattern of behavior.
Stability of Home Environment
When making determinations about physical custody and visitation, the courts consider the stability of each home. Factors include whether children can stay on their usual schedules in the home, whether the home is clean and safe, and who else lives in or visits the home.
Kurt A. Smith, Esq. is uniquely qualified to help individuals navigate issues pertaining to family law, business law, insurance law, and other specialty practice areas. As the founding attorney of Smith Legal Group, a family law office in the Las Vegas Valley, Mr. Smith is devoted to providing aggressive legal representation for his clients and maintaining the highest ethical standards.
On his path to becoming a family law attorney, Kurt Smith obtained his Bachelor of Science degree in Business Administration and then earned his Juris Doctorate from the William S. Boyd School of Law at the University of Nevada, Las Vegas. He then worked for a national law firm in the areas of insurance law and civil litigation. He has also served as a Project Manager for IBM, playing a critical role in the companyâs globalization initiatives. Mr. Smith also gained key experience working as an insurance adjuster, during which he gained an in-depth knowledge of accident reconstruction and on-scene accident investigations. After founding his own family law firm, Mr. Smith has been honored to serve residents of Las Vegas with outstanding legal representation in the areas of family law, commercial litigation, personal injury, bankruptcy, corporate law, and insurance law.
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 canât 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 desertionâwhen your spouse has left without warning and severed ties from the family for a period of 90 daysâyour 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 spouseâs 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.