Reno, NV Divorce
Erin N. Grieve
Reno Divorce Services
Experiencing a divorce is one of the most stressful events that can occur in a family. Fortunately, Reno family law attorneys can ease some of the stress that you are going through during this hard time. Issues including assets and custody are at the core of any divorce, but we’re here to help with that. Our divorce attorneys can offer trusted guidance that will help you achieve the best possible outcome and walk you through the process from start to finish. With the assistance of a quality, reputable divorce attorney such as Erin Grieve, you can worry less about your impending divorce and focus more on what’s truly important during this time – your family.
There are two ways in which Erin N. Grieve Law can help you get divorced in Reno and that is with a Joint Petition or Complaint for Divorce, also called uncontested and contested divorce.
Reno Divorce Lawyer
Joint Petition – Uncontested
A joint petition is an uncontested divorce. An uncontested divorce is the quickest, and most economical manner of ending the marital relationship. In order to proceed with an uncontested divorce, both parties should utilize Reno divorce attorneys and must agree on all issues including division of assets/liabilities, child custody, and child support. In the event both parties agree to a majority of issues and are willing to negotiate, licensed divorce lawyers in Reno, NV may help you reach a resolution without the need for a trial. If you and your partner are able to come to amicable terms and decisions on your own, an uncontested divorce is the best way to proceed with your divorce.
Complaint for Divorce – Contested
A Complaint for Divorce, or contested divorce, begins with one party filing the necessary paperwork and being issued a Summons to serve upon the other party. A contested divorce is sought after when both parties cannot come to an agreement on their divorce terms and need legal representatives to intervene. The first hearing, a Case Management Conference, is then set. At the Case Management Conference (CMC), the court will establish temporary orders regarding assets, debts, child custody, child support, and spousal support. Thereafter, if there are children involved, the court will send both parties to mediation to form a “Parenting Plan.”
At the CMC, the court will set the second hearing date, called a Settlement Conference. The Settlement Conference is longer in duration than the CMC and is intended to settle all issues of the divorce, without the need to go to trial. At the SMC, the judge may caucus with each side individually with the goal to reach a resolution. The SMC is an important part of the divorce process and should be participated in with good faith from both sides. If the parties fail to reach a settlement at the SMC, the court will set the divorce for trial.
At trial, each party may testify, enter evidence, and make legal arguments with the assistance of counsel. At the conclusion of the trial, the judge will issue a final order regarding all contested issues.
CONTESTED VS UNCONTESTED DIVORCE
In the state of Nevada, there are two ways in which a couple can get a divorce which are considered contested and uncontested. A contested divorce occurs when one spouse seeks divorce but the involved parties are in disagreement over the terms of the divorce. And an uncontested divorce occurs when both parties agree on every issue and term of the divorce.
An uncontested divorce will generally proceed much more simply, quickly and affordably as it can be finalized without going to court. Contested divorce, however, may take much more time to finalize and is often a stressful and expensive experience. During a contested divorce, two conference hearings will be held for the purpose of reaching a full and final resolution of all issues and claims, before going to trial. The common issues that are debated in a contested divorce are:
- Child custody
- Child support
- Property division
- Spousal support
- Division of other marital assets
A divorce attorney in Reno, NV can help both parties reach a settlement prior to trial or lead you into a fair agreement with your spouse. A Reno divorce attorney can also represent you in court to ensure you get the custody and division of assets that you deserve.
Reno Divorce Attorney
Asset Allocation
A divorce attorney assists a spouse to reach a fair division of assets in an amicable way. Asset division is extremely important in divorce and legal separation cases in Nevada, but the concept of equitable distribution is a difficult one to determine. Assets may include money, property, businesses, taxes, vehicles, RVs, boats, patents/trademarks, timeshares, insurance policies, home goods and furnishings, and valuable collections, antiques, or artwork. As defined by law, “There must be an equal division of the debts and assets of the community.” Houses, cars, credit cards, and medical bills may be divided equally between both parties. Our Reno family attorney may also conduct a legal process called discovery to find hidden assets and bring them forward. Family divorce attorney Erin N. Grieve can assist with the valuation, protection, and distribution of all significant assets.
No-Fault Divorce
WHAT IT MEANS TO BE A NO-FAULT DIVORCE STATE
The state of Nevada is considered to be a no-fault divorce state. This means that there are three acceptable grounds for divorce including:
- Incompatibility or irreconcilable differences
- Insanity existing for 2 years prior to filing for divorce
- Living separately for at least 1 year
A no-fault divorce can be granted to either spouse without having to prove that the other spouse acted inappropriate. All a spouse has to do is provide a state-recognized reason for divorce and present it to the court. However, there are certain exceptions where actions of a spouse may impact an equitable distribution of the community assets and debts.
SUPREME REPRESENTATION FROM
ERIN N. GRIEVE – RENO DIVORCE ATTORNEY
If you are in the middle of a divorce, caught in child custody disputes, or struggling with a serious family law conflict, you’re not alone. Erin N. Grieve is a family law attorney in Reno who will focus on conflict resolution, mediation, and amicable negotiations for the best outcomes possible.