Las Vegas Divorce Attorney

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Frequently Asked Questions

Las Vegas Divorce & Family Law

If you are going through a divorce, you may be experience large amounts of stress and emotional anxiety. This process can be overwhelming and take its toll on a family. To help ease the divorce process, it is advised that you team up with a divorce attorney with experience in your area. Leavitt Law Firm has a team of qualified Las Vegas divorce lawyers and we can help you. To start, we have answered some of the frequently asked questions revolving around divorce and family law.

Do not hesitate to give us a call if you have further questions.
You can reach us at (702) 996-6052 to get started in your divorce or family law case.

For further answers and counsel for divorce and family law matters, contact Leavitt Law Firm to get the quality representation you deserve.

  • Does Nevada recognize same sex marriages?

    Thanks to the landmark Supreme Court ruling in Obergefell v. Hodges, same-sex couples now enjoy full marital rights in every state in the nation. Same-sex marriages are fully recognized in Nevada, and couples are subject to the standard laws and processes for divorce, child custody, and other family law matters.
  • What are alternatives to divorce?

    If your marriage has reached the point that there is no way to reconcile your relationship with your spouse, you may be looking at options for relief. Divorce is often the first that comes to mind, but it is important to be aware of all your options. Another route that you can consider is legal separation. This is a method that allows you to live apart from your spouse and live your life separate but continue to be legally married. Oftentimes, a legal separation gives spouses the space and time apart that they need and then later they can decide if divorce is something they really want.
  • How is property divided in divorce?

    Nevada uses community property laws when it comes to property division in divorce. This approach means that the property involves is divided between the spouses evenly. The assets as well as debts will be split as evenly as possible. It is important to know the distinction of community versus separate property. Separate property, such as inheritance, gifts, and property owned before the marriage remains the possession of the owner. Community property is any assets acquired and debts incurred during the span of the marriage and that is the property that will be divided in a divorce.
  • How is spousal support decided?

    There are several different factors that play a role in the decision regarding spousal support in Nevada. The court will look into all of the following matters in your situation:

    1. The age of each spouse
    2. If one spouse makes a significant amount more than the other
    3. The likelihood of the dependent spouse to get a job
    4. The standard of living that existed in the marriage
    5. The length of the marriage
    6. The health of each spouse
    7. The contributions that both spouses made to the marriage
  • Will I have to go to court?

    The need to appear in court has to do with whether or not you and your spouse are able to come to a resolution on your own, or if you are unable to agree on matters. If you cannot reach a settlement on your own, you may need to make an initial court appearance to get started. If you still cannot agree, you may need to make multiple trips to court. On the other hand, if you can resolve your divorce or family law matters by negotiating with your spouse, you may not need to appear in court at all. All paperwork can be done outside of court, if you can reach an agreeable settlement with your spouse.
  • How do I know if I will get custody of my children?

    Child custody cases generally result in some sort of shared legal and physical custody agreement between the parents. Joint custody means that both parents with have equal amounts of time with the children. There are cases; however, where one parent is deemed unfit and it is not in the best interests of the children to have time with that parent. In this type of situation, one parent may be granted sole custody. There are even situations where the court sees it best for one parent to have custody and the other to have visitation rights. This is a case by case type of issue, but the court will make their decision based on what they see as in the best interests of the children.

    Considering divorce in Las Vegas? Leavitt Law Firm has been helping families in Nevada since 1989 and we can help walk you through your divorce process as well. Our goal is to reach your desired end results and we are able to negotiate on your behalf to ensure that your rights are protected.Contact us today at (702) 996-6052 and we can set up your free consultation to discuss your unique family and divorce situation.

  • What are grounds for divorce in Nevada?

    Nevada is a no-fault divorce state meaning you can base your divorce on the fact that you've been separated from your spouse for one year. At least one spouse must be a resident of Nevada for six weeks before filing for divorce.
  • How is child support calculated?

    The state sets the percentages of gross monthly income that are required for child support: 18% for one child, 25% for two children, 29% for three children, 31% for four, and 2% for each additional child. The minimum monthly child support payments are $100.
  • Can I challenge the amount of support I am required to pay?

    Yes, you can ask that the amount be adjusted after which the court will review several factors and adjust the amount either up or down—the cost of health insurance, cost of child care, the child's age, travel-related expenses for visitation, the amount of time the child spends with each parent, the relative incomes of both parents, and other aspects.
  • How is child support enforced?

    A unit within the Nevada Department of Health and Human Services called Child Support Enforcement (CSE) enforces state and federal laws pertaining to child support. CSE in conjunction with family courts is used to implement child support decisions. CSE can take money directly from a parent's paycheck if they have past-due child support accounts and can intercept their federal tax returns and apply arrears to them.
  • What about annulment?

    An annulment dissolves a marriage but unlike a divorce, an annulment treats the marriage as if it never happened. You can only get a marriage annulled in Nevada for the following reasons: there was a lack of understanding or insanity by you or your spouse, you were induced to marry through lies, the marriage was illegal due to consanguinity, or you or your spouse was married to another person at the time of your marriage.