Divorce is the ending of a marriage. Nevada is a no-fault divorce state, which means you do not have to prove anything to get divorced. There are two requirements for divorce in Nevada: proper residency and incompatibility with no possibility of reconciliation. If custody is involved, custody jurisdiction must also be present for the court to enter custody orders.
For the residency requirement, at least one party to divorce must have resided in Nevada for at least six consecutive weeks with the intent to remain in Nevada for the indefinite future. For the incompatibility part, one party must say that they are incompatible in marriage and that there is no possibility for reconciliation.
Aside from custody, the court will make the following determinations in a divorce: division of assets, division of debts, and alimony. The court will also make temporary orders as to attorney's fees, temporary alimony, child support, and custody, among other matters pertinent to a client's case.
Community property / debts are divided equally to each party, absent a compelling circumstance (such as marital waste). Community property is anything earned / acquired during the marriage, save for gifts, inheritance, and personal injury awards (for pain and suffering, not lost wages). Separate property is anything earned / acquired prior to marriage and the exceptions to community property. Separate property belongs to that person. This is an oversimplification of the process. Determining if something is separate property can be difficult to prove. Hybrids are also challenging to deal with--part community property, part separate property. The general rule is to pro rate the separate and community property components.
Before divorcing, a party must be sure he/she actually needs a divorce. Often, parties need counseling, not a divorce attorney. Peter can help you determine if you need a divorce attorney at all.
Peter has represented clients in many high-asset cases. Peter has also represented and been counsel in cases with celebrities, sports starts, judges as litigants, and attorneys as litigants. Peter is not afraid to take on the complex or difficult cases.