Best Divorce Lawyers Las Vegas, NV Of 2024

• Jennifer V. Abrams
  
• Robert P. Dickerson
  
• Tin Hwang
  
• John T. Kelleher
  
• Andrew L. Kynaston
  
• Michele LoBello
  
• Emily M. McFarling
  
• Katherine L. Provost
  
• Ashlee Vazquez
  
• Marshal S. Willick
  

Every state makes its own laws governing marriage and divorce. Successfully filing for and obtaining a divorce in Nevada requires a clear understanding of local procedures and legal requirements. Knowing the basics will help you make informed decisions and ensure a smooth transition into the next chapter of your life.

Nevada Divorce Requirements

To file for divorce in Nevada, you must:

• Be a resident of and physically present in Nevada for six weeks
• Have the intention at the time of filing to remain in Nevada indefinitely (i.e., you have no immediate plans to move out of Nevada)
• Provide a witness who lives in Nevada who can testify in person or sign an affidavit that, based upon their personal knowledge, you have lived in Nevada for at least six weeks.

Nevada requires divorcing spouses to list one of three grounds for the divorce:

• The spouses agree and declare they are incompatible with each other
• The spouses have lived separately for at least 12 months
• One spouse was insane for two years before the other filed for divorce

Most couples who agree to divorce claim incompatibility and work through the divorce process together, even if they disagree about dividing their property or allocating custody of their children. However, individuals whose spouses abandon them or refuse to participate in the divorce proceedings can file unilaterally to end their marriage after a year of living apart.

Types of Divorce and Separation in Nevada

It is not necessary to make or prove allegations of wrongdoing, adultery, mental cruelty or other fault in any Nevada divorce proceeding. If both spouses agree on all issues, a divorce is uncontested. If they disagree on dividing their property, issues related to child custody or support, alimony or any other relevant matter, the case is contested.

Uncontested Divorce

In many Nevada uncontested divorce cases, the parties may file a two-signature simplified joint divorce petition that includes agreements about property division, child custody, child support, alimony, etc. This method alerts the court that there are no issues of fact and the parties have waived their rights to appeal.

Contested Divorce

In contested cases where both spouses appear and participate in the divorce process, the parties exchange relevant information and documents, conduct appropriate investigations, consult experts and appear at hearings to resolve their issues. Ultimately, the court will enter an official order ending their marriage, separating the property, addressing custody issues and directing any ongoing financial obligations.

Default Divorce

If your spouse does not respond to the divorce papers after being served , a Nevada court can still enter an order ending a marriage if you have complied with all the filing requirements. However, the order will only address your marital status, any property located in Nevada and necessary custody issues related to children living in Nevada.

Annulment

In rare circumstances, you can petition for an annulment of your marriage. An annulment is a declaration that your marriage was void (that it never existed in the eyes of the law). There are very few, limited grounds for annulment in Nevada. These are:

• Close blood relation of the spouses
• Pre-existing valid marriage of one spouse
• Lack of parental consent (for a minor under 18 years)
• Fraud
• Insanity or ”want of understanding”

There is no residency requirement for annulment proceedings. After reviewing your petition, a judge will determine whether your evidence is sufficient to support an annulment.

Child Custody, Support and Visitation in Nevada

A child must have lived in Nevada for six months before the start of a divorce case for a Nevada court to have jurisdiction over custody and support issues.

Nevada courts encourage divorcing spouses to negotiate child custody issues outside of court, including specific times for weekly residence, holidays, summer vacations and other situations. This can be done privately between the parties, using attorneys, other intermediaries or alternative dispute methods like mediation. The court reviews written custody agreements before approving them. If parents can’t agree, the court will decide custody issues in the child’s best interest, based on the evidence and numerous factors outlined in Nevada law.

Nevada statutes provide guidelines to calculate the amount of child support to meet a child’s needs and be fair to both parents. The state updates its guidelines frequently and provides an online calculator to estimate support payments. However, courts can deviate from the guidelines to compensate for daycare costs, insurance costs, visitation expenses, other support obligations and various other factors. With rare exceptions, the minimum per child is $100 per month.

Parents can instead enter into private agreements related to child support and submit them for the court’s review. The court has the discretion to approve agreements that do not comply with the statutory guidelines. It can also reject otherwise-compliant agreements if it believes a parent was coerced or that the agreement will not meet the child’s needs.

A parent can petition for review of their Nevada child support order every three years and ask the court to increase or decrease the amount of support (based on changes to the statutory guidelines or other external factors).

Property Division in Nevada

Nevada courts also prefer that spouses independently negotiate a division of their property and debts and submit a divorce settlement agreement to the court in writing. If they can’t agree, a judge will determine a fair division. Nevada is a community property state, which means that all income, assets and debts acquired by either spouse during the marriage (marital property) belong to both spouses equally and will be divided evenly between them.

Each spouse is entitled to keep their own separate property. Separate property includes property owned before the marriage, obtained as personal injury damages, inherited by one spouse or gifted to one spouse individually. The court can resolve disagreements about whether a particular asset or debt is marital or separate property.

Although the general rule provides a 50/50 split of marital property, the court may deviate from this to promote fairness.

Alimony in Nevada Divorce

The court may award alimony to either spouse, and no standard percentage is directed by law. Nevada allows three types of alimony:

• Temporary maintenance. Also called spousal support, temporary maintenance is awarded by the court and paid to a spouse during divorce proceedings while they divide their finances and establish custody and support obligations. It ends when the court enters a Judgment of Divorce.
• Rehabilitative alimony. The court may direct one spouse to pay toward the training or education of a spouse who has been out of the workforce as a caregiver or homemaker so that they can re-enter the workforce.
• Periodic or permanent alimony. The court may order a certain number of post-judgment payments or an indefinite schedule of support from one spouse to the other based on each spouse’s financial condition and earning capacity, how long they were married, their marital standard of living and several other relevant factors.

Nevada law contains numerous restrictions and requirements for prenuptial agreements that allocate support and direct how property will be divided if the parties divorce. A court may not uphold a prenuptial agreement that it determines to be unfair or inequitable, even if both parties entered the agreement voluntarily.

Filing and Serving Your Divorce Papers

To begin the divorce process in Nevada, one spouse (the petitioner) files a Petition for Divorce with the local county court clerk. This document includes basic facts like the date of the marriage, separation date and names and ages of any minor children. It also states the petitioner’s requested division of marital property and debt, proposed parenting plan and demand for spousal support (if any).

You must file a cover sheet, the affidavit attesting to your Nevada residency and any other required court forms. You also must pay a filing fee. If you can’t afford to pay the fee, you can file a petition to have the fee waived.

If your spouse agrees, you can file the petition jointly. If not, you file a Summons with instructions for the other spouse to appear and participate in the case. To speed up the process, they can accept delivery of the documents in any manner and file a Waiver of Service of Summons. Otherwise, you must follow the service requirements for Nevada divorce papers.

Once your spouse is served, they have 21 days to file an Answer with the court. If they don’t, you may ask the court to enter a default judgment. If they file an answer, the court will send you a notice by mail informing you of the date of your first Case Management Conference before a judge.

Finalizing Your Divorce

If you are able to reach a settlement, the judge will review it for fairness and it will be entered into the judgment. If you cannot reach an agreement, you will have a trial where each side will present evidence and witnesses. The judge will make decisions for all of the issues.

Finally, the judge will enter a Decree of Divorce, ending your marriage and making the terms of the property division, parenting plan and child support orders enforceable. The court may also grant either (or both) party’s request to change their name.

Resolving issues in the court system can be stressful, confusing and time-consuming. It can be difficult to know if you’ve fulfilled all of the court’s requirements correctly, completely and in the allotted time. The best Nevada divorce lawyers will handle the legally complex process of ending your marriage, allowing you to focus on rebuilding your life and planning for the future.

An experienced divorce attorney has in-depth knowledge of Nevada divorce laws and precedents and can help you understand your options, protect your rights and defend your interests. They are skilled at negotiating compromises and using alternative dispute resolution solutions like mediation. They can help you reach an amicable settlement for issues like child custody, spousal support and property division that the court will approve.

If you have a high-value net-worth case, it’s a good idea to call one of the best Las Vegas divorce lawyers. They can help you ensure the correct characterization of your assets and debts, with a fair and legally compliant division of marital property and protection of separate property.

In contested cases or when negotiations break down, your attorney presents your case and advocates for your best interests before the judge. Even if you and your spouse agree on all major issues and believe you can work together amicably, consulting with an attorney to review your documents can provide peace of mind and ensure everything is done correctly and completely.

A skilled divorce lawyer can help reduce the stress and conflict of one of life’s most difficult situations. To find the right divorce lawyer, you consider certain qualities and features that can make a substantial difference in your overall experience. Three important things to consider are:

• Experience and expertise. Look for divorce attorneys with a significant track record in family law and divorce cases in your area. The best Las Vegas divorce lawyers have a deep understanding of local laws and court procedures and long-standing relationships with other legal professionals. This foundation allows them to navigate complex legal issues and negotiate in good faith on your behalf.
• Communication and compatibility. Effective communication with your attorney is essential. Your lawyer should actively listen to your concerns, respond promptly to your questions and provide clear explanations.
• Reputation and reviews. Check with the Nevada Bar Association to ensure an attorney is licensed and in good standing. Research the attorney’s reputation online and read client reviews. Online platforms and legal directories can offer valuable insights into the experiences of previous clients. Positive feedback and a solid professional reputation often indicate a lawyer’s quality and competence.

To come up with the best divorce lawyers in Las Vegas of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we consider factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
  
• Special licenses and certifications
  
• Ethics and bar disciplinary measures
  
• Legal thought leadership
  
• Education and employment background
  
• Scholarly lectures and writings
  
• Awards and honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when facing a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

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