Battle Mountain Nevada Divorce Attorneys Will Guide You Through Your Divorce With Skill and Care
Our Battle Mountain Nevada divorce attorneys will aggressively protect your rights. We analyze personal, financial and legal considerations with skill and compassion. Each case is unique, so contact a Battle Mountain Nevada divorce attorney for a thoughtful review. Use the links below to learn more about the divorce process.
Table of Contents
- Frequently Asked Questions.
- Child Support
- Working With Your Divorce Attorney.
- Related Links.
Frequently Asked Divorce Questions
- What is the process?
- Does it matter which spouse files for divorce?
- What is an uncontested divorce?
- What is a contested divorce?
- How do we divide up our property?
- Will I have to pay alimony?
- How do I calculate child support?
- How do I get joint custody?
- If we have joint custody, do I pay child support?
What is the process?
An action for dissolution of marriage, or a divorce, is a lawsuit brought by one spouse against the other. The spouse that initiates the lawsuit is called the plaintiff, while the other spouse is called the defendant.
Does it matter which spouse files for divorce?
There is no negative connotation for the plaintiff or defendant. Some attorneys like to file because, to a certain extent, they can control the pace of the case. Also, if it must be tried in courts, the plaintiff tells his or her story first to the judge and, as the saying goes, “first impressions are lasting impressions.”
What is an uncontested divorce?
An uncontested divorce is when both spouses agree on each item and issue related to the ending of their marriage. All disputes between husband and wife can be resolved outside of the courtroom.
What is a contested divorce?
Even though both parties may agree to divorce, a contested divorce is one in which both parties do not agree on the terms. Disagreements include, but are not limited to:
- grounds for divorce.
- custody of the children.
- visitation rights.
- division of the property.
- payment of family debts.
- income tax and other probate issues.
- health insurance.
- child support.
Our Battle Mountain Nevada divorce attorneys are experts at helping you through a contested divorce.
How do we divide up our property?
In granting a divorce, the court makes an equal disposition of the community property of the parties, if possible. The court may make an unequal disposition of the community property if it finds a compelling reason to do so. Every case is special, and our Battle Mountain Nevada divorce attorneys will help give you the best possible outcome.
Will I have to pay alimony?
The court may award alimony to the wife or the husband, in a lump sum or in payments. Get a free consultation with a Battle Mountain Nevada divorce attorney and find out your rights.
How do I calculate child support?
Although special circumstances can and do apply, child support in Nevada is calculated by taking a percentage of the non-custodial parent’s gross income.
“Gross monthly income” is defined as “the total amount of income received each month from any source of a person who is not self-employed, or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.”
Gross income should be multiplied by the following percentages to determine the correct child support amount:
- For one child, 18 percent;
- For two children, 25 percent;
- For three children, 29 percent;
- For four children, 31 percent; and
- For each additional child, add 2 percent.
How do I get joint custody?
The best interest of the child is the sole consideration of the court. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly. Custody may also be determined also by:
- The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to custody;
- Any nomination by a parent or a guardian for the child; and
- Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.
- A finding of domestic violence creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child.
Our Battle Mountain Nevada divorce attorneys are here to assist you through your custody issues.
If we have joint custody, do I pay child support?
Child Support in the case of joint custody falls under the Wright v. Osburn case , 114 Nev. 1367, 970 P.2d 1071 (1998) and is figured as if each party were paying support to the other, and then the amounts are offset. Considerations include:
- Disparate incomes.
- Recent significant changes in responsibilities.
- Additional responsibilities, such as children with a different parent.
Call a Battle Mountain Nevada divorce attorney today at (775) 289-4422.
During a divorce, the most contested issue is often child custody and visitation. There are two types of custody:
- Legal custody involves decisions regarding the upbringing of the child. This includes education, religious affiliations, health care, and extra-curricular activities.
- Physical custody involves with whom the child will live.
In each custody matter, the court begins with the notion of equal-footing for the parents, with the goal of achieving the best interest of the child. Regarding legal custody, the parents are usually awarded joint legal custody. In rare cases where one parent has displayed a blatant disregard for the child’s best interest, the judge will award sole legal custody to the other parent.
Physical custody is an entirely separate matter, and is not connected to the determination of legal custody. There are a few possible outcomes regarding physical custody. One parent may be awarded sole physical custody, or the parents may be awarded shared or “joint” physical custody. When determining physical custody and the best interest of the child, the judge considers things like the child’s age, each parent’s work schedule, the mental and physical health of each parent, the physical and emotional needs of the child, any history of abuse or neglect, and which parent will best promote the relationship between the child and the other parent. If the child is old enough, the judge will also consider his or her preference. A shared or joint custody arrangement does not necessarily mean each party has custody of the child exactly fifty-percent of the time. While a shared physical custody arrangement may be as simple as an every-other-weekend arrangement, joint physical custody is specifically reserved for a 60/40 timeshare arrangement.
Have more questions? Call a Battle Mountain Nevada divorce attorney at (775) 289-4422.
Nevada Revised Statute 125B is very specific in child support calculation. It is based on the number of minor children involved, as follows:
- One child – 18% of the non-custodial parent’s gross monthly income.
- Two children – 25% of the non-custodial parent’s gross monthly income.
- Three children – 29% of the non-custodial parent’s gross monthly income.
- Four children – 31% of the non-custodial parent’s gross monthly income.
However, there are additional factors the judge will consider when ordering child support. This includes the cost of child care, health insurance premiums, the income of both parties, any special needs the child has, and the amount of time each party spends with the child. There are also recent precedents that provide specific formula and recommendations for assigning support in proportion to custodial timeshare.
To discuss child support or other divorce issues, call a Battle Mountain Nevada divorce attorney at (775) 289-4422.
Working With Your Battle Mountain Nevada Divorce Attorney
No matter how nasty and unpleasant things get between you and your spouse during a divorce, our Battle Mountain Nevada divorce attorneys can handle it. We understand that there is a lot of stress and emotions tied to a divorce and that things are said in anger. We will be here for you no matter what happens, and will make sure that at the end of it all, you have your fair share of the marital assets.
Battle Mountain Nevada Divorce Attorneys are Wonderful Negotiators
One of the things the lawyers in our office understand is the art of negotiation. When it comes to our divorce attorneys, we can sit with your spouse and his or her attorney to mediate as the terms of the divorce are settled. If things start to get a bit nasty, we may request that the two of you leave the room, separately of course, and have us work with the other lawyer to find a way to come to reasonable agreement. We will then bring you what we have and discuss it. If you decide that there is something in the arrangements that you do not agree to, or that is missing, we will go back to the other attorney.
We Understand You May Not be Thinking Straight
Sometimes, there will be a portion of the arrangement you find you cannot agree to, but have no good cause. We find this often comes from some emotional reason that will eventually disappear. While we will still try to make any changes you feel necessary, we also hope that you will trust us and know when something is just not important enough to start a big fight. If our Battle Mountain Nevada divorce attorneys can get you and your spouse to agree to everything, it will not need to go to trial and your divorce will be finalized quicker. We have handled hundreds of divorces, and hopefully, this is your only one.
You can call a Battle Mountain Nevada divorce attorney at (775) 289-4422.
Our Battle Mountain Nevada divorce attorneys stand ready to assist you through your divorce case. Call a Battle Mountain Nevada divorce attorney at (775) 289-4422.