A divorce can be one of the most emotionally upsetting events. Navigating the proceedings can be just as difficult, but understanding the legal effects can make the process more manageable.
Initiating a Divorce
The spouse who initiates a divorce is called the plaintiff, and the other party the defendant. Generally, it doesn’t matter who initiates. However, filing first with a lawyer like those at Right Lawyers, a group of divorce attorneys in Henderson, Nevada, can make things easier for you while pursuing your divorce.
A default divorce means that one party files for divorce, and the other spouse ignores the papers. After a certain time and with enough notice, the plaintiff may ask the court to grant a divorce based solely on the conditions stipulated by him or her. However, the defendant may request to have the decree set aside by the court within a six-month’s time span. If children are involved, the time period may exceed six months.
First, jurisdiction is established that gives the court the power to make custody decisions. Factors considered include residence of the child, connection to a parent, personal relationships of the child, and evidence in regards to the child’s training, protection and care as they relate to his or her state.
The appropriate court makes decisions in regards to permanent physical and legal custody. It also handles visitation issues during the parents’ separation and divorce proceedings. The type of custody ruling helps determine the amount of child support. Monthly income and total number of children are the other two factors considered. The court also has the power to terminate parental rights.
Division of Property
In a community property state like Nevada all goods that were acquired during the marriage will be divided equally because they count as community property, unless the plaintiff and defendant can agree without a court decision. Separate property that was acquired by each spouse before the marriage will be awarded to the owner. Examples of separate property include gifts, personal awards, injury awards, workers compensation and inheritance.
The court determines whether spousal support is appropriate and sets the amount. However, spousal support is not guaranteed. Types of payments include temporary maintenance and three types of alimony: temporary, permanent and rehabilitative. Nevada has no set formula to determine amounts, but the judge will take into consideration how long the couple was married and evaluate each party’s financial capabilities.
While many question the expense of a divorce lawyer, these issues can be complicated to solve. However, hiring a reputable attorney can make the process more beneficial.
This article is from Lizzie Weakley, a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. She enjoys the outdoors and long walks in the park with her four-year-old husky Snowball.