Navigating through the complexities of divorce can be a daunting journey, further compounded by the myriad of misconceptions that surround it. However, arming yourself with accurate information can be a powerful tool in steering through this challenging process. In this post, we aim to dispel common misconceptions about divorce in Nevada and shed light on the truths that will empower you to approach your divorce proceedings with confidence and clarity.
Misconception 1: My Spouse Can Prevent Me from Getting a Divorce
In the midst of a divorce, individuals may be overwhelmed by feelings of uncertainty and vulnerability, leading them to believe that their spouse has the power to block the dissolution of the marriage.
Additionally, misguided advice from friends or family who have experienced difficult divorces can further fuel this misconception. In some cases, one partner may try to maintain control over the situation by intimidating the other with threats of not granting a divorce.
Truth 1: You Have the Right to File for Divorce
In Nevada, you have the right to file for divorce, regardless of whether your spouse agrees to it. If your spouse threatens to not “give” you a divorce, know that in Nevada this is likely to be an idle threat without any basis. Under Nevada law, to obtain a divorce you must only show that the court has jurisdiction over one of the parties to the marriage to affect the “status” (i.e., make you single instead of married).
Misconception 2: I Must Prove My Spouse’s Fault to Get a Divorce
In some cases, people may mistakenly believe that divorce is only granted if one party can prove their spouse’s wrongdoing, such as infidelity, cruelty, or abandonment. This misconception is further perpetuated by portrayals in media or anecdotes from individuals who experienced contentious divorces.
Truth 2: Proving Fault is Not Required
Nevada, like most states, is a “no-fault” divorce state. This means that neither you nor your spouse is required to prove that the other is “at fault” in order to be granted a divorce. It is not necessary to allege or prove factors such as infidelity, cruelty, or abandonment to receive a divorce in Nevada. Rather, the only required assertions are “incompatibility” (that you and your spouse can no longer live as husband and wife) and that there is no chance of reconciliation.
Misconception 3: I Must Get Divorced in the Same State I Married In
People may believe that they are bound to seek a divorce in the state where they were originally married, assuming that changing the jurisdiction would be complicated or impossible.
Truth 3: No You Don’t — Just Meet the Residency Requirements
Regardless of where you were married, you may seek a divorce in Nevada if the jurisdictional requirements of residency are met. Either you or your spouse must have been a resident of Nevada for at least six weeks before the complaint for divorce is filed.
Misconception 4: All Property Owned Will Be Divided Equally
The misconception that “All Property Owned Will Be Divided Equally” is common among individuals unfamiliar with the intricacies of property division in divorce. It may stem from a general belief that divorcing couples automatically split all their assets down the middle, regardless of the circumstances.
Truth 4: Exceptions to Property Ownership Division
While Nevada is a community property state, which means that any property acquired during the marriage is considered community property and should generally be divided equally between the spouses upon divorce, there are exceptions. Any property that was owned by one party before the marriage or was acquired by one party during the marriage as a gift or inheritance, or for personal injuries, is considered separate property and is not subject to division. Some forms of disability awards are exempt from division as well.
Misconception 5: I Will Lose All My Premarital Assets in the Divorce
Many individuals may fear that everything they brought into the marriage will be subject to division, leading to the belief that they will lose their premarital assets entirely.
Truth 5: Premarital Assets Are Protected
The presumption in Nevada is that any property that was owned strictly by one party before or during the marriage remains their sole and separate property upon divorce. In most cases, each party will retain an asset brought into the marriage. Issues of commingling and transmutation should be discussed with your lawyer in detail.
Unraveling Misconceptions with Willick Law Group’s Expertise and Care
Understanding the truths behind common misconceptions about divorce in Nevada can help you navigate the process more effectively. It’s always recommended to consult with a knowledgeable legal professional to ensure that your rights are protected. Remember, every divorce case is unique, and the specific outcomes in your case may vary.
At Willick Law Group, we understand the unique complexities and sensitivities involved in family law matters. As a compassionate and experienced family law firm in Las Vegas, we are committed to supporting you through this difficult process. Contact us today to schedule a consultation, and take the first step towards a brighter future for you and your family.
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