All community property must be divided as equally as possible. There are exceptions based on the misappropriation of property by one spouse. Typically, all income earned during the marriage is considered community property. However, income from rental properties and other investments may be considered separate property and thus, not divisible by the Court.
Property Divisions and Settlements can become complicated, necessitating an experienced attorney to make sure you get what you are entitled under the law. For example, pensions and 401K accounts in which portions were earned prior to marriage will need to have the separate portions removed from any settlement. No asset situation is too complicated for us to take on. Protect your financial interests by contacting us to take care of your estate.
If you own a business, it must be valued as an asset of the marriage. Valuing a small business can be challenging, and you need an attorney with experience in such matters. This is especially true if you started the business prior to marriage. We work with experienced accountants to ascertain realistic values for the community portion of any business you may own. We have had success in coming up with creative solutions to determine a reasonable payout for the community portion while maintaining the business you worked so hard to build so that it can be preserved.
Alimony is the source of significant litigation. Unlike child support, there is a no formula for the Court to follow in the award of alimony. An appropriate alimony award depends on many factors such as the length of marriage, the relative income of each spouse, future earning potential, the parties’ ages, and other factors. With more than 28 years experience, Attorney Kottler has litigated and settled more than one thousand alimony matters.
While there is no hard and fast rule regarding alimony, the Nevada laws and factors the Court considers pertaining to an award of alimony are as follows:
NRS 125.150 (1a) provides: Except as otherwise provided in NRS 125.155 and 125.165, and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:
1. In granting a divorce, the court:
(a) May award such alimony to either spouse, in a specified principal sum or as specified periodic payments, as appears just and equitable…
NRS 125.150 (9) provides: In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:
(a) The financial condition of each spouse;
(b) The nature and value of the respective property of each spouse;
(c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;
(d) The duration of the marriage;
(e) The income, earning capacity, age and health of each spouse;
(f) The standard of living during the marriage;
(g) The career before the marriage of the spouse who would receive the alimony;
(h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;
(i) The contribution of either spouse as homemaker;
(j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and
(k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.
In addition to periodic alimony for a set duration, a Court may also award rehabilitative alimony.
NRS 125.150(10) provides: In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
(a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
(b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
11. If the court determines that alimony should be awarded pursuant to the provisions of subsection 10:
(a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
(b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.
(c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:
(1) Testing of the recipient’s skills relating to a job, career or profession;
(2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;
(3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
(4) Subsidization of an employer’s costs incurred in training the recipient;
(5) Assisting the recipient to search for a job; or
(6) Payment of the costs of tuition, books and fees for:
(I) The equivalent of a high school diploma;
(II) College courses which are directly applicable to the recipient’s goals for his or her career; or
(III) Courses of training in skills desirable for employment.
FAQ’s for Divorce
So long as either you or your spouse have resided in Nevada for six weeks you can file for divorce in Nevada, even if you now reside in another state.
No. Nevada is a no fault divorce state. Your reasons for wanting to get a divorce are not relevant the Court, and no one is punished for bad behavior unless that behavior is the violation of a Court order.
Yes. Most people do not agree on the terms of the divorce and it must be resolved in the Court.
So long as your spouse agrees, yes. If your spouse does not, then it will be necessary to prove to the court that the marriage was procured fraudulently or some other legal problem existed making the marriage invalid such as an underage spouse or one of the parties was so intoxicated at the time of the marriage they did not understand what they were doing.
All I need is you and your willingness to file. However, if you can get together 2 years worth of tax returns, pay stubs, bank records, and other related material so that the value of your marital estate can be determined, this can be helpful. Remember, the more work you can do, the cheaper your case will be.
If both parties agree on all terms if can be as little as $1,500 with all filing fees included. Otherwise, the cost is hourly.