Divorce Attorneys in Las Vegas, NV | Half Price Lawyers (2022)

Get a fresh start in life by working with one of our affordable divorce attorneys in Las Vegas

Going through a divorce can be emotionally draining, especially knowing that the results will affect you for the rest of your life. Many questions come up during this process: questions about children, assets, and your financial future. While going through the divorce process, it is important to have a third party that can help you make the smartest and most impactful choices that will set you up for a successful new life.

Our Las Vegas divorce attorneys will work hard to get you the best possible outcome from the proceedings. We understand the many pressures and considerations that impact a divorce case. We will help you protect your assets and, most importantly, protect your rights as a parent.

Our firm can provide knowledgeable advice and effective representation for:

  • Contested and Uncontested Divorce
  • Legal separation
  • Annulments
  • Cohabitation
  • Alimony

Let our affordable divorce lawyers help you through this difficult situation, so that you can move on with your life and get a fresh start. Contact us and schedule your free consultation today!

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Here are a few commonly asked questions regarding divorce:

Divorce Attorneys in Las Vegas, NV | Half Price Lawyers (1)

What’s the difference between divorce, legal separation, and annulments?

Divorce is the formal dissolution by a court of a legally valid marriage. Nevada divorce laws may have provisions that are not found in other states, particularly if there are children whose welfare must be considered in the divorce.

A Nevada court cannot, with certain emergency exceptions, award custody if a child has not been a Nevada for the six months prior to the divorce. Also, those filing for divorce in Las Vegas/Clark County must attend a COPE (Coping With Divorce) course if there are children whose custody is to be decided by the court. Parents may also elect to attempt to settle custody and other issues through a mediated or collaborative divorce, where an experienced mediator helps both parties reach an agreement before asking a court to rule on such matters. Since a mediated solution is voluntary and not legally binding, either party may reject all or part of such an agreement.

Under Nevada law a legal separation is almost identical to a divorce except that the parties remain married but living apart. A petition for legal separation must show that the spouse asking for the separation (the plaintiff spouse) has a valid reason for granting a divorce and is asking the court to order an equal division of property, child support, and alimony. Once granted, the provisions of a legal separation can be enforced by the court as if they were part of a formal divorce proceeding.

An annulment is the formal dissolution of a marriage that was invalid from the start for any of several reasons. Among these reasons are:

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  1. Marriage to a close relative
  2. either spouse was deceived or tricked into agreeing to the marriage
  3. a spouse under the age of 16 did not have parental consent to the marriage

The grounds for annulment can be applied in several ways and the advice of a family law attorney should be obtained in such matters.

How long does it take to get a divorce?

In a simple uncontested divorce case, once all the appropriate paperwork has been filed a divorce can be finalized in less than a week. Anything other than an uncontested divorce can take several months, depending on the complexity of the divorce relating to the division of property, alimony, and child support.

How much does it cost to get divorced?

If you have completed all the necessary paperwork online or by filling out the documents by hand, a simple, uncontested divorce can be obtained for around $200 to $300. Depending on whether other factors such as child custody and alimony, the cost can start at $500 and higher depending on attorney fees and court costs.

What should I do before filing for divorce?

In general, before filing for divorce you should gather all the relevant information and documentation regarding community property, financial records, inventories of real and personal property of each spouse and estimations of the amount of child support and alimony that will be required. Many spouses choose to work through an attorney when starting a divorce. In these cases an attorney will guide the client as to what information or documents are needed for a specific case.

Can I file for divorce when living in different states?

Nevada law requires that the plaintiff spouse must have resided in the State of Nevada for a period of at least 6 weeks, and this period must be attested to by an Affidavit of Resident Witness filed with the divorce papers. As long as the court is satisfied that all other requirements have been met (e.g. serving the nonresident spouse with a copy of the divorce petition) the divorce is granted as if both parties were Nevada residents.

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The above answer holds true for spouses without children. If there are child custody issues to resolve, a Nevada court cannot exercise jurisdiction over children unless the children have been residents of Nevada for the six months immediately prior to the filing of the divorce action. There are exceptions allowed under emergency situations but these exceptions, which fall under the Uniform Child Custody Jurisdiction Act, can be confusing and are best handled by by the family law attorney who is managing their divorce.

Are divorce filings public?

Yes. Since a divorce filing is made with the clerk of a court, it becomes a public document and can be read by anyone.

What is an uncontested divorce?

An uncontested divorce is a divorce in which both spouses have previously agreed to a division of property, child custody rights, alimony and child support responsibility and are asking the court to approve their decisions.

What is a covenant marriage?

A covenant marriage is an optional legal agreement made prior to the actual wedding that the future spouses will receive “counseling” before their marriage, agree to the conditions under which a divorce could be granted at some point in the future, and to again receive “counseling” prior to a divorce.

Since covenant marriages are recognized in only three states (Louisiana, Arkansas, and Arizona), a Nevada court can grant a divorce so long as the other legal requirements for a divorce in the state have been met. Once a divorce is granted in Nevada, the divorce is valid in both the state where the covenant marriage was performed as well as any other state in the nation.

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If there are religious obligations for finalizing a divorce, each spouse can make their own decision as to whether they will meet those obligations but no spouse can be compelled by a court of law to participate in such ceremonies or any other religious “obligation.”

How does alimony work?

In Nevada, alimony can be either “general” or “rehabilitative.” General alimony is money paid by one party to a divorce in order that the other party may continue to enjoy a standard of living similar to that which existed during their marriage. Rehabilitative alimony is money paid by one party in order for the other party to obtain the education and skills necessary to reenter the job market and obtain employment to make that party self-supporting. The court can award a combination of general and rehabilitative alimony for a set period of time after which rehabilitative alimony payment will stop or be decreased over some time frame.

The court will award alimony based on several factors such as a former spouse’s income or projected future income, standard of living prior to the filing of the divorce, amount of property owned by each spouse after the divorce, and the ability of the spouse to bear the burden of alimony payments.

Since the awarding of alimony can place a considerable financial on the paying party, it is highly advised that a spouse who might be ordered to pay alimony contact a family law or divorce attorney to represent their position in court during alimony award proceedings.

When is alimony awarded?

Alimony can be awarded during the time the divorce proceedings are moving through the court system or at the time the divorce is finalized. If the divorce has been preceded by a legal separation, the court may either continue the alimony payments made under the separation agreement or alter the terms and/or the amount of alimony at its discretion.

(Video) How Divorce Works in Nevada, by A Divorce Attorney in Las Vegas

How long does an annulment take?

Technically, an annulment means that a marriage was invalid from the outset. The timeline for a formal annulment decree issued by a court is usually determined by the court’s calendar (its schedule of cases waiting to be heard). If both parties sign the annulment papers, an annulment can take anywhere from a few days to a month. In other circumstances, such as only one spouse consenting to the annulment or the other spouse cannot be located, the process can take several months before all the legal processes can be completed and an annulment order is issued.

FAQs

How much does a divorce cost in Las Vegas Nevada? ›

How much does it cost to file for a divorce in Nevada? The filing fee to start the dissolution of marriage process in Nevada is $326 for a Joint Petition and $364 for a Complaint. Fees may change from time to time, so you might want to check with your county courthouse to confirm what the exact costs are.

How much do divorce papers cost in Nevada? ›

The basic expense for an uncontested divorce will be the court fee to file the divorce papers. Filing fees in Nevada vary by county. In general, they range from about $250 to $300. (There might be an additional fee to file your paperwork electronically.)

How long does a divorce take in Las Vegas? ›

In general, an uncontested divorce (called a joint petition in Nevada) can be over within one-to-three weeks. But a contested divorce is rarely over in less than three months. And if the assets are particularly complex, it can take significantly longer. In any case, Nevada has a six (6) week residency requirement.

How much is a family lawyer in Nevada? ›

The average hourly rate for a family lawyer in Nevada is $335 per hour.

Is Nevada a 50 50 divorce state? ›

It means that in Nevada divorces, all marital property is subject to a 50/50 split, regardless of which spouses earned the money, and regardless of whose name is on the title. In a Nevada divorce, the first step is to determine what is marital property and what is separate property.

How long do you have to be separated before divorce in NV? ›

Grounds are legally acceptable reasons for divorce. You can get a divorce in Nevada if: you and your spouse live separate and apart for one year without cohabitation; you and your spouse are incompatible (can't get along); or.

How can I get a quick divorce in Las Vegas? ›

The fastest way for a married couple to get divorced in Nevada is for both spouses to file a joint petition for divorce. Another term for this is an “uncontested divorce” or “two-signature divorce.” If everything goes smoothly, the Nevada divorce may be granted in as little as 10 days.

What is a wife entitled to in a divorce in Nevada? ›

Nevada is a community property state. This means that each spouse owns 50% of the assets and debts acquired during the marriage. Upon divorce, courts distribute these assets and debts equally between the spouses. a marital dissolution settlement agreement.

How much does a divorce cost in Clark County Nevada? ›

As of the publication of this article (January 2020), the court filing fee is $299.00 to file a divorce in Clark County, Nevada. This court filing fee differs in other Nevada counties — but is typically in the $250-$299 range though.

Does it matter who files for divorce first in Nevada? ›

The first to file chooses the time frame and venue. The first to file can start protecting community property. The first to file can withdraw the divorce (if the other party has not responded yet) If there is a Nevada divorce trial, the first to file would go first and be heard last.

How long after a divorce can you remarry in Las Vegas? ›

Divorce on the Grounds of Adultery
StatePost-Divorce Remarriage Waiting Period
Nebraska6 months if to 3rd party; 30 days if same spouse
NevadaNone
New HampshireNone
New JerseyNone
47 more rows

When should I file for divorce? ›

How much time does it take? Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.

How much is a lawyer consultation fee? ›

What Are Typical Lawyer Hourly Fees? Lawyer fees for a consultation vary throughout the United States. On average, consultation costs will range from about $250 an hour to $350 an hour. Rates will change depending on location, type of law, and attorney experience.

How much does a family lawyer cost in California? ›

The average hourly rate for a family lawyer in California is $330 per hour.

Who gets the house in a divorce in Nevada? ›

In Nevada, property acquired during the marriage is community property, and must be divided (in most cases) equally, in a 50-50 split. With smaller assets, this can be a fairly straightforward process, but with the marital home, it can become more difficult.

Does Nevada have alimony? ›

Contrary to popular belief spousal support and alimony are alive and well in Nevada. Spousal support is financial support given by one spouse to the other while the parties are still married, before a divorce, usually as part of a separate maintenance action (a. ka. legal separation).

How long do you have to be married for alimony in Nevada? ›

Nevada divorce laws do not state a minimum time to be married to receive spousal support. Alimony will typically be awarded in marriages of 6 years or greater if there is a difference in incomes, and a spouse can justify the need for alimony.

Can we divorce without going to court? ›

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.

Does adultery affect divorce in Nevada? ›

Nevada is a no-fault divorce state

That means adultery may not be relevant to your divorce, and neither party can use it for personal gain. You can accuse your spouse of anything you want, but the judge does not serve as a moral authority, just a legal one.

Do both parties have to agree to a divorce in Nevada? ›

Only one party to the divorce needs to live in Nevada. The other spouse can complete any necessary divorce forms by mail. Or, if the other person is not cooperating, the person seeking the dissolution of marriage can serve him or her with a summons and complaint.

Can you get a divorce without your spouse's signature in Nevada? ›

Nevada does not require both spouses to agree to the divorce. Although a divorce can be done quicker and easier when the spouses agree, one spouse can file for divorce on their own. This allows one spouse to file and possible get a final divorce without the other's signature.

What are the divorce laws in Las Vegas? ›

Nevada is a no-fault state, meaning either party can request a divorce without providing a specific reason. Nevada also has lower-than-normal residence requirements; one party only needs to have lived in the state for six weeks in order to file for divorce.

Can I file for divorce online in Nevada? ›

You may file the divorce papers in person, by mail, or through Nevada's electronic filing system. The court charges fees for filing the divorce papers.

How is alimony calculated in Nevada? ›

As we said, there is no formula in Nevada for calculating alimony. Likewise, there is no set time length of marriage in order to get alimony. Each case is different and alimony is decided by each judge on a case-by-case basis.

What is spousal abandonment in Nevada? ›

A person can file for dissolution based upon a desertion by the other spouse if that desertion lasts more than 90 days. The 90-day desertion can serve as the basis for a legal separation, and the person could easily receive a full separation and divorce by the judge's hand.

How is property divided in a divorce in Nevada? ›

Nevada Divorce Rules for Dividing Property

Community property belongs to both spouses equally, so it must be split equally between the spouses at divorce. Likewise, all debts incurred during the marriage are considered community debts and both spouses are equally responsible for them.

Can you divorce without the other person signing? ›

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.

How do I establish a divorce in Nevada? ›

You or your spouse must have lived in Nevada for at least six weeks immediately before you file for divorce. The only exception to this is if the reason for the divorce (the “cause of action”) happened in Nevada while both you and your spouse were living there.

Where do I file for divorce in Clark County? ›

Information on filing for divorce can be obtained through the Clark County Family Law Self-Help Center located on the first floor of the Family Courts and Services Center, 601 N. Pecos, Las Vegas. Information also can be obtained online. Research Court Records?

What can be used against you in a divorce? ›

Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.

What is the 30 30 rule in Nevada? ›

Nevada requires that parents equally share any medical bills of a child that are not covered by insurance. The Clark County Family Courts will typically use what is called the “30/30 rule.” This means that when a parent receives a medical bill they have thirty days to send it to the other parent.

What are the signs of a toxic marriage? ›

10 Signs You Might Be in a Toxic Marriage
  • Lack of Support. ...
  • Toxic Communication. ...
  • Envy and Jealousy. ...
  • Controlling Behavior. ...
  • Feelings of Resentment. ...
  • Disrespect for You and Your Feelings. ...
  • Negative Financial Behavior. ...
  • Constant Stress.
8 Aug 2022

Do you need divorce papers to get married in Vegas? ›

No, you do not need divorce papers, but you cannot get married in Vegas if you are already married. That would be a gross misdemeanor. Do you need a birth certificate to get married in Vegas? No, you do not need a birth certificate.

Can I get married while my divorce is in process? ›

It's important that you make sure your divorce has been finalised before you marry again. It is against the law to marry someone if your previous marriage is not legally over, and so if you do remarry immediately it is possible that you could be committing a crime.

Do second marriages ever work? ›

According to available Census data, the divorce rate for second marriages in the United States is over 60% compared to around 50% for first marriages.

What to do before telling spouse you want a divorce? ›

Be prepared, know what you want to say, and give your spouse some warning about what's coming.
  • Don't Ambush Your Spouse. ...
  • Pick a Private Place. ...
  • Be Prepared for Anger. ...
  • Plan What to Say. ...
  • Don't Blame. ...
  • Stay Calm. ...
  • Avoid a Trial Separation. ...
  • Maintain Boundaries.
9 Jun 2017

Who pays for a divorce? ›

There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.

How do you know if your marriage is beyond repair? ›

5 Signs Your Relationship Is Beyond Repair
  • 1) You keep breaking up and getting back together. ...
  • 2) You're afraid of your significant other. ...
  • 3) Your bond or feelings have dissipated. ...
  • 4) Your relationship is tainted with toxicity. ...
  • 5) One or both of you aren't willing to make an effort.
28 Nov 2017

What are reasonable legal costs? ›

Reasonable legal costs means attorneys' fees, costs, charges, and all other litigation expenses in connection with the defense of a "claim" or negotiation of cleanup standards and representation before environmental agencies in connection with "discovery", limited to rates we actually pay to counsel we retain in the ...

Can lawyer fees be paid monthly? ›

You can ask if your lawyer's firm will allow you to make payments over time. Sometimes law firms can offer those arrangements. For example, you might be able to pay your legal costs by instalments. You should check whether there will be any additional charge for paying in this way.

How do I ask for a consultation fee? ›

Here are a few ways:

Have your client pay you a percentage before you start and then the remainder upon completion. If your working on a monthly on-going basis, you can ask for payment at the beginning of each month, and send your client at the end of the previous month. You can also set up project milestones or goals.

How easy is it to get a divorce in Las Vegas? ›

The fastest way for a married couple to get divorced in Nevada is for both spouses to file a joint petition for divorce. Another term for this is an “uncontested divorce” or “two-signature divorce.” If everything goes smoothly, the Nevada divorce may be granted in as little as 10 days.

How much does a divorce cost in Clark County Nevada? ›

As of the publication of this article (January 2020), the court filing fee is $299.00 to file a divorce in Clark County, Nevada. This court filing fee differs in other Nevada counties — but is typically in the $250-$299 range though.

How long after divorce can you remarry in Nevada? ›

Divorce on the Grounds of Adultery
StatePost-Divorce Remarriage Waiting Period
Nebraska6 months if to 3rd party; 30 days if same spouse
NevadaNone
New HampshireNone
New JerseyNone
47 more rows

Where do I file for divorce in Clark County? ›

Information on filing for divorce can be obtained through the Clark County Family Law Self-Help Center located on the first floor of the Family Courts and Services Center, 601 N. Pecos, Las Vegas. Information also can be obtained online. Research Court Records?

What is a wife entitled to in a divorce in Nevada? ›

Nevada is a community property state. This means that each spouse owns 50% of the assets and debts acquired during the marriage. Upon divorce, courts distribute these assets and debts equally between the spouses. a marital dissolution settlement agreement.

Can we divorce without going to court? ›

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.

Who gets the house in a divorce in Nevada? ›

In Nevada, property acquired during the marriage is community property, and must be divided (in most cases) equally, in a 50-50 split. With smaller assets, this can be a fairly straightforward process, but with the marital home, it can become more difficult.

Does adultery affect divorce in Nevada? ›

Nevada is a no-fault divorce state

That means adultery may not be relevant to your divorce, and neither party can use it for personal gain. You can accuse your spouse of anything you want, but the judge does not serve as a moral authority, just a legal one.

Can you divorce without the other person signing? ›

Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.

Is Nevada a no-fault divorce state? ›

Nevada is purely a no-fault divorce state, which means the judge won't accept evidence or hear testimony on why your spouse's poor choices during the marriage are the reason for your breakup.

How long does alimony last in Nevada? ›

This means that alimony has no end date and is generally awarded for as long as one spouse works or until a spouse dies or remarries. Rehabilitative Alimony: This type of alimony is usually awarded so a spouse can receive job training or education after divorce.

What are the requirements to get divorced in Nevada? ›

People filing to dissolve their marriage need only give one of three reasons: The spouses are incompatible, The spouses have lived separately for at least 1 year, or. One spouse has been legally insane for at least 2 years before the other spouse files for divorce.

Can I get married while my divorce is in process? ›

It's important that you make sure your divorce has been finalised before you marry again. It is against the law to marry someone if your previous marriage is not legally over, and so if you do remarry immediately it is possible that you could be committing a crime.

Can I file for divorce online in Nevada? ›

You may file the divorce papers in person, by mail, or through Nevada's electronic filing system. The court charges fees for filing the divorce papers.

What court handles divorce in Nevada? ›

The Family Court helps people with divorce, annulment, child custody, visitation rights, child support, spousal support, community property division, name changes, adoption, and abuse and neglect. Child Support cases in the Family Court are heard at the Child Support Center of Southern Nevada at 1900 E. Flamingo Road.

How do I know if my divorce is final in Nevada? ›

The final step in a divorce case is having a judge sign a Decree of Divorce. This is the document that includes all of the terms of the divorce and legally ends the marriage. A divorce is not final until a judge has signed a Decree of Divorce and it is filed with the Clerk of Court.

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