Divorce Attorneys in Reno, NV

A divorce agreement is a legally binding document that defines the terms of a divorce. Often referred to as a marital settlement agreement, this document outlines how specific matters have been settled as a result of the divorce proceeding. Divorce agreements typically highlight specifics around:

• Asset & Property Division
• Debt Allocation
• Spousal Support (Alimony)
• Child Custody & Visitation Schedules
• Child Support Payments

Once a divorce agreement is signed by both parties, it is approved by a family court judge. This agreement becomes part of the final divorce decree.  

Under Nevada law, a final divorce decree is fully enforceable once it is signed by a judge and entered with the court. The decree is the official court record finializing the responsibilies of each party following their divorce. Both parties are legally obligated to follow the terms. 

If one party fails to comply to its terms, the other party has a right to seek enforcement by the court. In some cases, the court may impose penalties such as fines or contempt of court proceedings. 

If you believe your ex is violaiting the terms of your decree, consult with our experienced Reno divorce attorney to review your options.  

When two people can’t agree on things, it typically involved what is referred to as a contested divorce. They will have to exchange financial information and involve a judge for the divorce to go through. Only a few cases will actually wind up going to trial in an effort to resolve all of the disputes. Clearly contested divorces are far more complicated than those that aren’t contested. The level of complication can vary greatly depending on the situation including how much property is involved and the complexity of the financial issues for both of the parties.

Carlson & Work  begins by collecting a detailed financial statement from both parties. One challenge in a contested divorce is ensuring that all of the assets and debts are fully disclosed at the time of filing. These must then be valued accurately. Typically the spouse that has the most to lose tries to hide some of the assets or lower their value to make them appear as if they are worth far less than the actual value. This is why you should hire an experienced divorce lawyer like Carlson & Work.

Additionally, Carlson & Work  works routinely with forensic accountants to ensure that the actual value of the assets is all revealed so that all of the property division and alimony amounts are equitable and fair. All too often, divorce attorneys shy away from court. Attorneys Rebecca Carlson and Mathew Work are strong advocates and are not afraid to go to court if that is what it takes to resolve the issue.

Couples that can reach an agreement on the terms of the divorce can go with an uncontested divorce. This is an ideal option if they agree on everything. It will be far less costly and can definitely keep the case out of court. You won’t have to call an attorney if you’re seeking an uncontested divorce, however, there are a few good reasons that you should consider calling an attorney.

First, it’s easy to miss important details in a divorce agreement. You might have to start completely over if something isn’t filled out correctly. An experienced divorce lawyer can take the time to review your agreement and help you to draft an agreement that is enforceable and ensure that all of the details are properly filled out. This will save you a lot of time and money in the long run.

Secondly, you’ll need to be aware of your rights and that all of your agreements are truly fair and equitable to both of you. A divorce is a very emotional time, even if the divorce is amicable. Spouses who are feeling guilt or simply want to have it all over with often settle for things that they shouldn’t. They agree to things that aren’t equitable or fair just so that they can move on with their lives. It’s important to remember that these documents are final and you can’t go back and change them later if you later change your mind or decide that things aren’t fair.

A lot of people don’t understand what their rights are in a Nevada divorce. Every state has specific laws and these can vary greatly from one state to another. Laws can change over time as well. Nevada is what is considered to be a “no-fault” state. While you won’t be penalized for your contribution to the breakdown of the marriage, you shouldn’t believe that you have to give it all up just because you’re afraid that you’d lose everything in court due to your contribution to the breakdown. That’s not how the laws work in the state of Nevada.

Uncontested divorces are an ideal option for some couples, however, it’s always wise to consult with an experienced divorce attorney before you file the paperwork.

A confusing aspect of divorce is that of no-fault. Nevada is considered to be a no-fault state. This means that regardless of who cheated on who or who did what, the courts aren’t going to penalize either of the parties for their misbehaviors during the marriage. Such things as property division and alimony aren’t affected within the marriage like infidelity or minor substance abuse. Many find this to be a huge relief, others will feel as if they have been hugely wronged and this can be hard to accept, but in the state of Nevada, it doesn’t matter. Prepare yourself. If you try to air the dirty laundry in court, the courts are likely going to frown on you and you’re not going to get what you’re seeking.

The main exception is what is referred to as “community waste or marital waste”. If someone was cheating and spent a large sum of money or their marital assets on the girlfriend or boyfriend it can constitute community waste. Gambling losses may also qualify for this term. Community waste applies to a spouse that intentionally squanders marital assets with the intent of depriving the other party of their share. Community waste can affect property division and financial decisions.

A few aspects of a divorce agreement can be modified at a later date if need be. For example, It’s possible that alimony or child support may be modified at a later date. This will happen if one spouse or the other changes jobs and earns more or less than previously. They can then petition the courts to change the amount of money that is paid out or in.

If the spouse that is paying the alimony or child support sees that the receiving spouse has an increase in their income they may petition the court for a different amount as well.

Property division is rarely modified. Typically, once the judge has decided on the property division, there is no way to change it. However, if a spouse intentionally hides an asset that is valuable, it might be possible to return to the court and receive your equitable share.

Child visitation and custody orders can also be modified under specific circumstances.

A legal separation is an ideal option if a couple is unsure of whether or not they should follow through with a divorce. If the couple is considering it but not yet sure they may go this route.

While a legal separation entails all of the same paperwork, it won’t dissolve the marriage. It’s frequently just as costly. They will deal with all of the same issues and situations like property division and settlements. All of the work and cost of the divorce is quite similar. Yet, the marriage won’t be ended and neither party can remarry.

Legal separations are preferred by some for religious reasons and other reasons like maintaining Social Security or health insurance.

Annulments aren’t the same as a divorce. A divorce dissolves the marriage; an annulment renders the marriage null and void as if it never happened. An annulment is rarely given in the state of Nevada. Only under specific circumstances is an annulment granted.