What Should I Expect During a Divorce Consultation?
When you begin thinking about divorce, one of the first legal steps is often scheduling a consultation with an attorney. This meeting gives you the opportunity to share your situation, ask questions, and get legal guidance based on your unique circumstances. While every divorce consultation in Reno, NV, is different depending on the facts involved, there are some common elements that most initial meetings include.
A Discussion of Your Marital Background and Concerns
At the start of your consultation, we’ll ask for general information about your marriage—such as how long you’ve been married, whether you and your spouse still live together, and what led you to consider divorce. Whether your concerns involve property division, parenting issues, or financial support, we listen carefully and without judgment.
If you have children, we’ll talk about current custody and visitation arrangements, decision-making responsibilities, and whether any urgent issues may require court involvement. We’ll also cover short-term living arrangements, access to joint finances, and the need for temporary support while your case is pending.
Divorce is a complicated process even before you get around to dividing your assets, and the last thing you want while navigating an emotional transition is to get into a drawn-out fight over what is fair. No matter the size of your estate, your divorce attorney in Reno, NV will help you navigate the complexities of asset division so you can focus on preparing for the next stage of your life.
Dividing Community Property
Nevada is a community property state, meaning that all assets and debt acquired from the moment of marriage are considered owned by both you and your spouse. Upon divorce, community property is split 50/50 regardless of whether it was acquired jointly or under one spouse’s name. Community property could include your income and retirement funds, joint bank accounts and credit cards, loans, real estate, and more.
How Is Child Custody Decided in a Divorce?
Are you dealing with questions of child custody in a divorce? A juvenile crimes attorney in Reno, NV explains how child custody is generally determined.
Legal vs. Physical Custody
Legal custody is the right and responsibility for making major decisions that affect the child’s life. This could mean decisions regarding healthcare, education, and religious upbringing, among others. Nevada law assumes that joint legal custody is in the child’s best interest, and will consider this to be the default unless there is clear evidence indicating that one parent is unfit.
The court may assign physical custody, i.e., where the child will primarily reside, as sole, primary, or joint. Sole custody, of course, means that a child lives with only one parent. Primary physical custody means that a child lives with one parent more than 60% of the time. Joint physical custody means that the child spends at least 40% of the time with each parent. Nevada’s general policy is to maintain a child’s ongoing relationship with both parents and to encourage parents to share rights and responsibilities in raising the child. However, the best interests of the child guides this decision.
What Legal Rights Do Fathers Have During a Divorce?
If you are a father and are going through a divorce in Reno, NV, a child custody lawyer will be able to help you understand your rights under the law.
Right to Custody and Visitation
Fathers have the right to seek custody of their children, just as mothers do. Mothers used to be the ones favored in custody decisions, but today’s courts seek to make decisions in the best interest of the child. This means that courts do not automatically assume that one parent is more suitable than the other. If physical custody is awarded to the mother, the father still has the right to regular visitation, which means the opportunity to stay involved in the child’s life.
What Are the Key Factors in Winning Child Custody?
Child custody cases are always difficult for every family, and a Reno family law attorney can help you to put forward the best case possible to win custody of your child.
From a Reno Family Law Attorney: What Are the Key Factors in Winning Child Custody?
In Nevada, the law assumes that it is in the child’s best interest for the parents to have joint custody. To win a custody case, either to keep the other parent from having custody or to show that you should have custody, you’ll need to demonstrate certain things, among them:
Not all divorces are fraught with conflict. Sometimes, spouses are on good terms but realize they would be better off not married. If this describes your situation, you may be asking: Do you need a lawyer to get divorced? At Barber Law Group in Reno, NV, we have helped many clients ensure that their amicable divorce is as simple and stress-free as possible.
Technically, you don’t need a lawyer to get divorced, but even the Nevada court system recommends consulting a divorce attorney before initiating a divorce. Divorce isn’t just about filing paperwork; even in amicable cases, decisions must be made about the division of marital property, spousal support, child custody, and child support.
What Are the Steps to Filing for Divorce?
If you intend to get divorced here in Nevada, there are some specific steps you’ll need to go through. It’s always easiest and smoothest to get through the process with a divorce attorney in Reno, NV on your side.
Work With a Divorce Attorney in Reno, NV
Divorce is a lot more complicated than television makes it look, and an attorney with experience in Nevada law and the local court system will be able to help you understand your rights, how to protect them, and the likelihood of things going smoothly. If your case is it all contentious, it’s always wise to have an attorney.
If you are getting divorced and have children, the question of custody is likely to be uppermost in your mind. If you are looking for a Reno divorce attorney, you may be wondering exactly what they will bring to the table. At the Barber Law Group in Reno, NV, we pursue our cases with vigor and integrity and are dedicated to achieving the right outcome for our clients.
Understanding
It’s completely natural to come to an experience such as a custody dispute with an incomplete understanding of how the law works and the processes you need to follow. Unless you’re a lawyer, your exposure to such issues is likely to have been through TV dramas or from the few extreme cases which make the news headlines. Our specialist lawyers know this area of the law back to front. Not only that, but we are well-practiced in explaining those laws to our clients. You can rest assured that you will not be bombarded with “legalese” that leaves you more confused than when you started. We will make sure that you understand the different terms used by the law and the rights that you have as a parent. This will put you in the best possible position to make decisions as you proceed with the custody case.
Answers from a specialized divorce lawyer in Reno, NV.
Ensuring that a child’s financial needs are met after a divorce means setting up a way for the noncustodial parent to contribute to the child’s upbringing. Here’s a short overview from Barber Law Group in Reno, NV – Key steps in the process of establishing child support after a divorce.
Determine Your State’s Child Support Guidelines
Each state has specific formulas or guidelines that outline how child support is calculated, and these guidelines take into account both parents’ incomes, the number of children, and the custody arrangement. Nevada uses a specific formula that calculates child support based on the paying parent’s gross monthly income and the number of children. You’ll need to familiarize yourself with these guidelines to understand how much child support might be required, and a Nevada lawyer will be able to help you make all the needed calculations..
Read the rest of this entry »Reno Contested Divorce Lawyer
When you start the process of a contested divorce in Nevada, you’re stepping into a legal situation where you and your spouse cannot agree on major issues such as how to divide your property, who gets custody of your children, or whether one of you should receive financial support from the other. This type of divorce is more complex and time-consuming than an uncontested divorce, where both parties agree on everything and simply need the court to approve their decisions. Understanding the contested divorce process is crucial because it involves multiple legal procedures and can significantly affect your future and that of your family. Below, Barber Law Group explains essential information on contested divorces, including the laws on divorce in Arizona and why to involve an experienced lawyer.
Understanding Contested Divorce
In a contested divorce, the main difference from an uncontested divorce is that you don’t just file paperwork and wait for a judge to sign off on your agreement. Instead, you need to prepare for a series of legal steps that could involve multiple court appearances and negotiations. A contested divorce typically begins when one spouse files a divorce complaint that outlines their desired outcomes for the divorce, and the other spouse then has the opportunity to file a response disagreeing with any of the terms set forth. This disagreement sets the stage for the legal battle that follows.
If your spouse contests the divorce, both parties will enter a phase of discovery. During discovery, each side gathers evidence supporting their case. This can include financial documents, witness statements, and other relevant information. This phase is crucial for building a strong case, especially if the divorce involves complex asset divisions or custody disputes. Pre-trial motions and hearings may occur, aiming to settle temporary matters such as child custody or spousal support until the divorce is finalized.
If you and your spouse cannot settle your disputes through negotiation or mediation, the case will go to trial. At trial, both sides present their evidence and arguments in front of a judge. The judge then makes decisions on all contested issues. Trials can be lengthy and emotionally taxing, so it’s often beneficial to resolve as many issues as possible before reaching this stage.
The process often requires gathering extensive documentation, such as financial records and evidence supporting your position on custody arrangements, property division, and other disputed areas. You might need to work with lawyers, mediators, and possibly other professionals like child custody evaluators or financial experts to build your case. Throughout the divorce, you’ll attend court hearings where preliminary decisions can be made on urgent issues, like child support or temporary custody, while you wait for a final trial where all disputes will be resolved.
The Divorce Decree
After the trial, the judge will issue a final decree of divorce, which legally ends the marriage and sets forth the terms of the divorce, including asset division, custody arrangements, and any alimony payments. Alimony payments involve one spouse providing financial support to the other post-divorce to maintain a similar standard of living as was had during the marriage. This final decree of divorce can only be changed by returning to court for a modification if significant changes in circumstances occur.
Post-trial, if circumstances change significantly, such as a financial shift or a change in the needs of your children, you may petition the court to modify the terms of the divorce decree. This can mean that the conditions remain fair and applicable to everyone’s current situations, allowing adjustments to be made that reflect these new realities.
Legal Requirements for Contested Divorce in Nevada
To start a contested divorce in Nevada, you need to meet specific legal requirements. One of you must have lived in Nevada for at least six weeks before filing for divorce. Proof of residency can be established through various means such as a Nevada driver’s license, utility bills, or a lease agreement showing a Nevada address. Nevada allows for divorce based on irreconcilable differences, which means you and your spouse cannot get along well enough to stay married. Additionally, you can file for divorce based on fault grounds such as adultery, abandonment for at least 12 months, or mental cruelty.
Choosing between a no-fault and a fault-based divorce can potentially impact the proceedings, especially in matters like alimony and the division of property. For example, if one spouse can prove the other’s fault, it might affect how assets are split or whether alimony is awarded. Once you meet these requirements, the next step is to prepare the necessary legal documents to file with the court. This includes the divorce complaint, which outlines your requests for property division, child custody, alimony, and other relevant issues. It’s important to accurately complete and file these documents to avoid delays in the divorce process.
Main Issues in Contested Divorce
When you go through a contested divorce in Nevada, you will face several major issues. The division of property and assets is a primary concern. Nevada law requires an equal distribution of all marital assets, which includes everything from real estate to retirement savings. However, determining who receives what can cause disputes, sometimes necessitating a judge’s decision.
Child custody and support are another significant aspect. If you have children, determining where they will live (physical custody) and who will make important decisions for them (legal custody) can be contentious. If you and your spouse cannot reach an agreement, the court will make a decision based on what is best for the children. Alimony, or spousal support, is also often contested. The amount and duration of alimony can be complex points of negotiation or litigation.
Reno Divorce Attorneys
If you’re facing the challenges of divorce, it’s important to have a skilled lawyer by your side. Barber Law Group divorce attorneys can provide the support and guidance you need to navigate through this tough time effectively. To discuss your options and safeguard your interests, call us today or visit our website to schedule your initial consultation. Let us help you move forward with confidence. To discuss your situation and explore your options, please contact Barber Law Group at (775) 323-6464 or connect with us online.
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