Browse Frequently Asked Questions
Please Note: We hope these questions and answers help you better understand Nevada family law. They are intended only as general information and should not be relied upon as legal advice. Because every case is different, the law may apply differently to your situation. If you need advice about your specific circumstances, we encourage you to schedule a consultation. Reading this information does not create an attorney-client relationship with Sandpiper Law Firm.
Can I be common law married in Nevada?
Although common law marriage is uncommon, it occasionally becomes an issue in Nevada when a couple is common law married elsewhere and then moves to Nevada. In addition to common law marriage, there are a number of other remedies sometimes available when non-married couples separate.
Why hasn’t my attorney settled my case?
Many clients wonder whether their attorney could have settled their case sooner. Sometimes the answer is yes. Often, however, the delay has little to do with the attorney and much more to do with the circumstances of the case. Here are 10 reasons why your case might not have settled.
How long does it take to get divorced in Nevada?
The biggest factors affecting the timeline are what process you use, whether you and your spouse can reach an agreement, how complicated your finances and custody issues are, and how quickly everyone—including the court—moves the case forward.
What should be in a complaint for divorce?
A Complaint for Divorce is the document that starts a divorce case. It tells the court why it has the authority to hear your case, explains the basic facts of the marriage, and tells your spouse what you are asking the court to decide.
What should I expect in the divorce process?
Here are some general guidelines about what you should be prepared for in divorce litigation.
What are the steps in divorce litigation?
Here are the typical stages, deadlines, and timelines in divorce litigation. Most parties with an attorney do not need to know all this: this is for those people who want to know the details of each step in divorce litigation.
Can someone other than a parent obtain custody of a child?
Even though Nevada prefers that parents have custody of their children, it is sometimes possible for nonparents to obtain custody as well.
Can I take my child out of state for my custody time?
In general, yes, you can take your child out of state as long as doing so does not interfere with the other parent’s court-ordered parenting time or violate another provision of your custody orders. But there are some important exceptions.
Can a parent reduce their child support obligation by earning less?
Usually not. A parent cannot avoid paying child support simply by quitting a job, refusing to work, or taking a lower-paying job. If the court finds that the parent is unemployed or underemployed without good cause, it may calculate child support based on what the parent could be earning instead of what the parent actually earns.
Are postnuptial agreements different from prenuptial agreements?
Yes. Although both agreements allow spouses to make financial agreements, Nevada law treats postnuptial agreements and prenuptial agreements very differently. They are governed by different statutes, can address different subjects, and are drafted for very different circumstances.
How long do I have to get an annulment?
Although there is no set deadline for obtaining an annulment, you should act immediately. Often, continuing to cohabit with someone after learning the grounds of an annulment is a basis for denying the annulment.
Why won’t the police enforce my custody order?
The police are hesitant to physically transfer a child from one person to another. Clear, specific court orders can help.
How can I make divorce mediation go smoothly?
A smooth divorce mediation requires a good mediator, the right attitude from the participants, and a clear, written, final agreement.