If you’re planning to get a divorce in Las Vegas, Nevada, you probably have a lot of questions. The lawyers at Throne and Hauser Attorneys at Law are here to bring you answers to those frequently asked questions and provide you peace of mind.
Call us today for a free divorce consultation.
Do I have to pay alimony in a divorce?
Nevada law offers four basic kinds of alimony:
- Temporary spousal support: Refers one spouse to another during a divorce action as temporary maintenance.
- Permanent alimony: There is no termination date or event specified.
- Temporary alimony: Similar to permanent, but with a specific termination date set out in the future or a terminating event with an uncertain date.
- Rehabilitative alimony: Support for the purpose of allowing the receiving spouse to obtain training or education relating to a job, career or profession.
The court decides whether an alimony order is appropriate. After this is determined, the judge must decide which type of alimony to award and how much. Alimony can be a one-time payout or periodic payments and will terminate at the death of either spouse or if the dependent remarries. The amount is based on the following:
- Each spouse’s financial condition, including the nature and value of owned property
- The length of the marriage
- The income of each spouse, earning capacity, age and health
- The standard of living during the marriage
- The career of the dependent spouse before marriage
- Each spouse’s education, training and marketable skills
- Each spouse’s contribution as a homemaker
- Any award of property during the divorce
What happens if we decide to cancel the divorce?
If you and your spouse reconcile mid-divorce, there are legislative codes with built-in provisions that deal with this. These allow you to stall your proceedings for a period time while you and your spouse decide whether to terminate the litigation or move forward with it. If you are certain about stopping your divorce and don’t want a period of time to think about it, the state will allow you to dismiss your petition or complaint. If a judge has already signed and issued a divorce decree, it is too late to stop the divorce.
What are allowable deductions in a divorce?
While you cannot deduct the costs of counseling, litigation or personal advice, taxpayers can sometimes deduct fees associated with alimony payments. If you’re receiving alimony from a divorce, it is considered taxable income and must be reported on your individual tax return.
What are the legal requirements for divorce?
Grounds for annulment in every state include:
- Forced consent
- Marriage prohibited by law (incest)
- Mental or physical incapability
- Inability to sexually validate marriage
- Underage marriage
There are no-fault and fault divorces. A no-fault selection allows the termination of a lawful marriage in which neither party admits blame for the separation. A fault divorce is settled when one spouse can verify adequate grounds.
Legal justifications for a fault divorce in every state include:
- Physical/emotional cruelty
- Substance abuse or other addictive problems
How is child custody determined?
Child custody will always be determined dependent on the best interests of the child and sometimes these choices are extremely challenging for parents to make.
The best of interest of a child is decided based on the consecutive factors:
- The child’s age, gender, mental and physical well-being
- Physical and mental well-being of parents
- Lifestyle and social factors
- Love and emotional connections between parent and child
- Parents’ ability to produce food, shelter, clothing and medical care
- Caliber of schools in location
- Child’s inclination if over age 12
- Capability and inclination of parent to foster a good relationship between child and the other parent
- Environmental stability
Types of custody arrangements
- Legal custody: The prerogative and responsibility to make choices about raising the child. This includes education, religion, medical care and discipline. When awarded joint legal custody, parents share these rights.
- Physical custody: The ability of a parent to have a child with him or her. Most courts order joint physical custody, though the time-split is often not the same as 50/50.
- Sole custody: Sole custody settlements provide one parent with total custody privileges and permit the other only visitation rights.
- Joint custody: This custody permits parents to coordinate their schedules and share decision-making accountability.
- Bird’s nest custody: This happens when the child lives in one home and parents rotate in and out of the home and take turns providing the child.