Family Law Divorce Lawyers – Wellington, Nevada
Call for Your Consultation Today: 775.588.5311
Experienced Family Lawyer Serving Wellington
If you are considering a divorce, speak with a divorce lawyer in Wellington at Family Law Offices Of Leslie J. Shaw. We have successfully handled thousands of family law cases and will put this experience to work for you. Our founding partners Leslie Shaw are Certified Family Law Specialists with over 50 years of combined experience handling every aspect of a divorce. Additionally, we have a team of attorneys and paralegals committed to helping you achieve the best possible outcome. If you have specific questions, call us today to discuss your case. We offer a free consultation for your convenience.
Wellington, Nevada Divorce Overview
Nevada defines divorce, or dissolution of marriage, as a judge’s order that effectively “restore[s] the parties to the state of unmarried persons.” Declared single again, divorcees face far-reaching, life-altering consequences and changes in their rights and duties.
The effect of divorce on property rights has been the fodder of tabloids in many celebrity cases. Unsurprisingly, a Wikipedia page lists the most expensive divorces. Its impact on parenting rights publicized in the context of bitter custody battles, divorce has earned the reputation of being a thoroughly traumatizing experience.
Under Nevada, for a judge to grant a divorce in Nevada, one of the spouses must have been a resident of the state for six months, and of the county where filing for at least three months.
An exception to this rule is permitted in the case of nullity proceedings, legal separation, or same-sex marriage.
For same-sex marriages, the following circumstances must apply:
Speak with an attorney at Family Law Offices of Leslie J. Shaw of if you have questions regarding Nevada ‘s residency requirement.
The Waiting Period
In Wellington, NV, no divorce is final unless at least six months have passed since the divorce petition and summons have been served on the non-filing spouse or respondent. If the respondent appears in court before such service, the six-months countdown may start from this first appearance (Nevada Family Code).
Nevada is a no-fault divorce state. As such, proof of misconduct, such as infidelity, has no bearing on the judge’s decision to grant the divorce. However, proof of misconduct may well be relevant to other decisions such as the calculation of spousal support. “No-fault” simply means the court will not assign blame for the disintegration of the marriage.
A claim by one spouse that the marriage or domestic partnership is defunct will suffice as a basis for the dissolution. The phrase “irreconcilable differences” stands for this idea. Additionally, the courts also allow for divorce or legal separation, if one of the spouses permanently lacks legal capacity.
Decisions Before The Court: The Scope Of Divorce Proceedings
While sitting in divorce proceedings, Wellington, NV courts can decide:
Likewise, the courts can issue a judgment regarding property rights and child custody with respect to legal separation, without dissolving the marriage. We can assist you with any family law related aspect of a divorce including:
Because a divorce can encompass so many different issues, it’s important to have an experienced family law attorney with a proven track record on your side.
Unmarried Partners and Same-sex Couples Can Also Seek a Divorce in Wellington, Nevada
Rights of same-sex couples have a turbulent history in Nevada, but the United States Supreme Court decision in Obergefell v. Hodges found that not permitting gays and lesbians to marry was an unconstitutional violation of the Fourteenth Amendment. Since 2003, registered domestic partners also share the same rights and obligations as married couples in Nevada, including the right to terminate such partnership.
Dissolving A Marriage Or A Domestic Partnership
The law foresees three different ways to end or alter the rights and responsibilities that go along with marriage, including same-sex marriage, or a domestic partnership:
In some cases, dissolution can be accomplished by an accelerated, summary procedure.
Alternatives to Divorce
Under certain circumstances, a divorce may not be your best option. Two alternatives are annulment and legal separation.
Annulment is only appropriate when there are doubts about the validity of the marriage. The basis for annulment include:
Someone might choose legal separation when the divorce residency requirement has not been met, to keep certain benefits, or for religious reasons. Generally, Wellington, NV courts cannot approve legal separation without the consent of both parties. The spouses can later convert a legal separation into a divorce; in such cases the Wellington, Nevada residency requirement may not apply.
Speak with a Wellington Divorce Lawyer at Family Law Offices of Leslie J. Shaw Today: 775.588.5311
At Family Law Offices of Leslie J. Shaw, our Reno divorce lawyer has over 30 years of experience and board certified to practice law in Wellington, Nevada. Additionally, attorneys Leslie Shaw are Certified Family Law Specialists with experience handling complex divorce cases. If you need further assistance, please contact us today for a free consultation by calling: 775.588.5311
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Family Law Offices of Leslie J. Shaw