divorce

How can I make divorce easier for my kids?

Nevada Family Lawyer - Make Divorce Easier for Kids

Watching parents fall out of love and end their relationship creates uncertainty in the household, no matter the child’s age. And when parents move into separate households, children are tasked with adjusting to life without the presence of both parents each day.

Fortunately, there are ways to make divorce easier on your kids.

Let them know both parents love them unconditionally – Your children might feel like the divorce is their fault. Reassure them it is not and both you and your spouse love them.  

Be the adult – Your children need nurturing and your role is to help them through this process. Hopefully you have a support system in place to nurture you when you need it.

Be a good listener – Pay attention to your children’s emotions and encourage open communication.

Be mindful of transitions – Children are already adjusting to two homes and finding their “new normal”. Avoid unnecessary change to reduce your child’s stress.

Communicate with your ex – This isn’t easy, but it helps if you can forgive your ex at some level. Pick up and drop offs should be cordial. Your children should see both parents as pleasant as possible toward one another.   

Don’t talk poorly about the other parent – Making negative statements about your ex in front of your children is not healthy. In fact, it may harm your child’s sense of self-worth. If you have something to say to your former spouse, contact them directly and keep children out of it.

Why do I Need a Divorce Attorney?

Reno, Nevada divorce attorney

When a marriage is ending, it can be emotional and overwhelming. How the divorce is handled will impact your life and your children’s life long after the divorce is final. Asking yourself questions like “do I need to hire a lawyer?” and “can I represent myself in court?” are valid concerns. 

We recommend talking with an attorney about your legal options before beginning the divorce process or immediately after finding out about the divorce if you are on the serving end. Learning how the divorce process works can give you peace of mind. A divorce attorney can advise how to protect your rights and interests, especially if your spouse is likely to disagree with your requests.

Unless your marriage lasted a very short time, you and your spouse have minimal assets, and you and your spouse do not have children, you should seek legal representation. Skilled legal representation will help protect your assets and property, child custody, and support needed for both you and your children. Most divorces are not so simple. For those representing themselves, it’s common to overlook legal issues like taxes, division of retirement assets, allocation of debts and other issues.

Nevada Divorce Lawyer

A Nevada divorce lawyer will help you identify these items and ensure your divorce settlement addresses all legal disputes.  For more information, contact Work Law for a free consultation or read more about the divorce process.

 

How to File for Divorce in Nevada

Nevada Divorce Attorney

Divorce is not easy, but the process is relatively straightforward. In this article, we will provide an overview of the divorce process and what to expect. 

To file in Nevada, either spouse must have lived in Nevada for at least six weeks. Filing must occur in the county the parties lived in when they were married or the county one of the parties currently resides in. Since Nevada is a no-fault divorce state, the party filing for divorce will choose the reason for divorce as either incompatibility or living apart for at least one year. 

If both parties agree on all issues related to the divorce, you can file a Joint Petition. In this case, the following documents are required:

  • Decree of Divorce
  • Affidavit of Resident Witness
  • Certificate of Service or Waiver, and
  • Child Welfare and Identification Sheet

If the parties do not agree to all issues surrounding the divorce, the party will file a Compliant for Divorce. In this scenario, a Summons must also be filed.

Depending on the details of the divorce, other documents may be required. Once all appropriate forms are completed, the party filing will take the required number of copies to the clerk of court’s office. 

Nevada law requires the filing party to serve the documents to the other party, an action called the Service of Process. The other party has 20 days to file a response. If both parties reach a divorce agreement before the case moves forward, a settlement agreement can be presented to the court. Settlement allows the parties more control over their case and saves money. 

 

Experienced Family Law Attorney

If you are the filing party or were just served divorce papers, contact an experienced divorce attorney. Work Law will assist you through the process to give you peace of mind during this time of stress.

 

What is Divorce Mediation?

Divorce mediation law reno, nevada

Mediation is an informal intervention between two parties to resolve disputes and reach an agreement. The process is facilitated by a trained third party, called a mediator. It is often used in legal matters as a cost-effective alternative to litigation.

The same method is used in divorce. Divorce mediation may be suggested to you and your spouse when going through a divorce. In this situation, both you and your spouse will attend a mediation session with an independent mediator to discuss issues relevant to the divorce. Issues may include child custody, child custody and alimony. The intent is to work through those pain points and reach an agreement amicably without having to go to court.

 

Reno Family Lawyer

Contact our law firm by phone at 775-386-2226 to speak with an experienced Family Law attorney.  Work Law will help you decide if divorce mediation is an appropriate option for your case.

 

Do you have a right to Alimony/Spousal Support?

Spousal support and alimony attorney reno, nv

Alimony, or spousal support, is a court-ordered payment made from one party to the other party after divorce. Its purpose is to provide financial support for the party who was not working or earned substantially lower income than their spouse. State laws vary on how alimony is paid, but in Nevada is it typically paid in regular payments. Depending on the length or marriage and financial position of the divorcing couple, spousal support allowances are determined by the Court (NRS 125.150).

Nevada courts recognize three types of alimony or spousal support that may be awarded to either party in a divorce case.  

Types of Alimony

-        Temporary – Temporary alimony is awarded during the divorce proceedings and is intended to help cover short-term living expenses.

-        Rehabilitative – Rehabilitative alimony is also awarded short-term. It is meant to give the receiving party time to adjust financially to their new lifestyle and become self-supporting. This support is typically used to develop work skills, take trainings, and earn credentials.

-        Permanent – Permanent alimony is paid to the receiving party of long-term marriages. This type of alimony is granted when temporary alimony is not sufficient and rehabilitative alimony is not reasonable. Typically, the receiving party’s age and ability to work is an important factor. Permanent spousal support is paid until death of the payor or the receiving party is remarried.  

For the Court to consider spousal support, one party must have a genuine need for financial support after divorce, and the other party must have the funds to support it.  The Court will consider the following factors of each individual when determining whether or not to grant alimony and in what amount (NRS 125.150(9)): 

- financial position

- value of property

- contributions to any property

- duration of marriage

- income and earning capacity

- age and health

- career history before the marriage

 

Reno Alimony and Spousal Support Attorney

Whether you need solid legal representation to help secure alimony, or if you are faced with undesirable spousal support payments, we can help. Our spousal support attorney will take a tailored approach to your family law needs and will advocate your rights. Don’t wait until it’s too late. Contact our office today at 775-386-2226 to schedule a free consultation.

Joint Petition Divorce in Reno

Joint Petition Divorce

If you need a divorce in Nevada, a joint petition may be a good place to start. 

Joint Petition Divorces in Nevada

Agreeing on divorce parameter as spouses make the whole divorce process simpler and faster in Reno. Sometimes you may not even need a family lawyer. Your divorce papers detailed or not ought to act in accordance with Reno NV divorce law. Uncontested divorce cases require the services of an uncontested divorce lawyer. This will help prevent future problems that arise from mistakes made in uncontested divorce cases.

Why you need help in uncontested divorce case

You are likely to pay a high price for the slightest mistake in an uncontested divorce case in the future. This is why it is imperative to make right decisions in regard to child support, child custody among others. The terms should be fair and acceptable by both of you and in accordance to Reno NV divorce law of course.

Don’t underrate any of the agreements or assume that it is not necessary to formalize them on grounds that you trust your ex-spouse to be. Remember that you are only sure about today and tomorrow is always a mystery. Here are the things you should not joke around with during the uncontested divorce case;

  • Your children; at least hire a family lawyer to provide you with a clear and all-inclusive parenting plans. A lawyer will help you understand your responsibilities and rights when it comes to your children `
  • Property division; in as much your spouse has no objection, it is important to include an attorney who will help you on debt and asset sharing during the divorce. This entails valuing assets, for instance, real estate, retirement benefits as well as business.
  • Alimony; taking time during the divorce, in order to come up with alimony terms is worth the wait. This entails the amount of money to be sent and when as it prevents future dispute.

In Nevada, an uncontested divorce law requires that spouses create a complete divorce settlement that suits all the needs of the spouses.

Understand the process of filing a joint petition

Here are some of the crucial issues on which both parties are supposed to agree in a joint petition.

  • Reasons for divorce
  • In case of children under age 18, there should be agreement on child custody, child support, medical insurance, visitation and the holiday schedule.
  • Community property and debt division.
  • Alimony condition

During the divorce process, at least you should include a third party. Such an individual will be a witness of a complete divorce process and see to it that you have all signed the agreements.

A joint divorce petition should be filed in the court within your country. Your petition packet ought to entail the following divorce joint petition; resident witness affidavit, the cover sheet and a Child Welfare Identification Sheet in cases where the couple has kids.

After that, you people should give the judge handling your case a copy of the filed documents as well as original divorce decree.

Divorce decree should have the agreements of the parties in regard to child's support, visitation, division of property and debts, alimony and custody.

The divorce decree should only be filed after bearing the judge's signature. After it is signed by the judge, go ahead and file with the clerk at your nearest court.

Finally, uncontested divorce cases are less stressful though you need to do everything right and within Reno Nevada uncontested divorce laws.

Call today for a free Family Law case evaluation. 775-386-2226 

Be Prepared for Divorce

Work Law Blog - Be Prepared for Divorce

When we began our Northern Nevada family law practice, we realized most people don’t know what to expect when going through a divorce. Unsurprisingly, many individuals are upset and focused on the past rather than their life after divorce. For some, divorce means less time with children and dividing property. It can also mean paying out alimony and child support. These are significant life changes to prepare for when going through divorce. Matters such as child custody, name changes, spousal support and division of community property are all challenging, but are manageable if planned for.  Individuals should prepare themselves emotionally and legally for what is to come prior to filing and throughout the divorce process.

 

Northern Nevada Divorce Attorney

Attorney Mathew Work is a respected divorce attorney in Northern Nevada. He realizes divorce is delicate and requires transparency. If you are seeking legal representation for your divorce or custody case, contact our office to schedule an initial consultation with Work Law Firm to understand your legal rights and what to expect. Our office may be reached at (775) 386-2226.  

Nevada Divorce Laws

Work Law Blog - Divorce, Separation, Marriage, Breakup

Divorce

In order to file for divorce in Nevada, you must live in Nevada for at least six weeks and plan to remain in Nevada before filing for a divorce.  If you are in the military or are a resident outside of Nevada you may still file for divorce as long as the defendant or spouse lives in Nevada. 

There are a few grounds for divorce, no-fault and at fault divorce.  A no-fault divorce is when the wife and husband have lived separated or apart for one year.  This does not include cohabitation which is separate but still living in the same house.  At the discretion of the court, an absolute decree of divorce may be granted.  An at-fault divorce is when one party was considered insane at least two years prior to the commitment of marriage.  Corroborating evidence must be presented to the court in order to proceed with an insanity plea.   

Alimony and child support are on a case to case basis on how much someone has to pay to the other party.  Child support can help pay for childcare, insurance, special needs education (e.g. speech or therapy needed to help benefit the child), transportation to visit the other parent and basic needs like food, clothing, and shelter.  Property and other assets may need to be divided.  All these issues must be resolved or agreed upon before a judge signs the Final Decree of Divorce and it is filed placed in the District Court Clerk’s office. A new marriage cannot take place until this is completed. 

Nevada Divorce Attorney

Divorces may include child custody, child support, alimony or spousal support.  Other items to consider when filing for divorce is the splitting up of property, finances and other investments.  Mathew Work, a Nevada lawyer, can help you file for divorce and help keep your best interests in mind. 

 

Annulment 

There is no time limit for annulment in Nevada.  If the spouses are closely related to each other this could be a reason to annul the marriage.  In the United States, you cannot marry anyone closer to you than your second cousin.  Should you find out that your spouse is already married to another person your marriage may not be legal or the other marriage is illegal.  A spouse that is under the age of 18 who did not get consent from either a parent and/or a judge an annulment could be granted.  One of the spouses was unable to consent to the marriage and was not able to understand what was going on or was insane at the time but has since regained sanity.   One of the spouses committed a fraud on the other in order for them to agree to the marriage.  These would be grounds for an annulment. 

Reno, NV Annulment Attorney

If you need legal help contact Mathew Work, a divorce and family law lawyer in Nevada.  Legal matters are complicated and they take time to navigate.  If you are served papers it is best to consult a lawyer before you sign them even if you might think you understand what is being said in the paperwork.