This is the next post in my series on issues which must be resolved as part of an uncontested divorce in Las Vegas, Nevada. My last article discussed how community property is divided in such a case. It is important that all of your assets and debts be included in the case or else you may find yourself having to go back to Court. Retaining an attorney, as opposed to handling matters yourself, can help to ensure that your case is handled correctly. In this article I will discuss the setting of alimony in an agreed-upon marriage dissolution. If you are in need of assistance then contact my office today to speak with a lawyer.
Spouses will need to agree on the amount and duration of alimony payments to complete an uncontested divorce
The amount and duration of alimony payments will be set by the Court in a contested divorce case. When the contested process is utilized, due to the spouses not being able to reach an agreement, the Court will base spousal support on the length of the marriage, the earning potential of each spouse, the assets with which each spouse is exiting the marriage, and more. In an uncontested case, by contrast, the parties will reach an agreement as to the amount to be paid and the duration of the payments. The parties can also agree that no spousal support should be paid. It is always better if the spouses can agree as alimony is one of the most contentious issues in any divorce case.
It is important that the spouses be mindful of what they are agreeing to when resolving the issue of spousal support. The obligation of payments, as well as the amount, will be embodied in an enforceable order from the Court. This means that if the paying spouse is not able to make the payments then they may be held in contempt. This can result in potential jail time and other penalties. Also, if the receiving spouse agrees to an amount that is not enough to sustain themselves, they cannot simply go back to Court and ask for more money. When agreeing on the amount of alimony it is, therefore, important to make sure that the obligation is something that is realistic for both sides.
Las Vegas spouses must decide if spousal support will be modifiable or non-modifiable
An important agreement between the spouses is whether spousal support will be modifiable or non-modifiable. If the support is modifiable then either spouse may request a modification due to changed circumstances. This, for example, can include a paying party’s request for reduction due to the loss of a job. It can also include the receiving spouse requesting an amount increase if the other party suddenly sees a spike in their income. The reason for requesting a modification, and whether the Court will grant one, will always depend on the specifics of the case.
If support is non-modifiable then neither spouse can request a change. This means that the paying party must continue to meet their obligations regardless of their circumstances. It also means that the receiving spouse may not request an increase or longer duration of the payments. For obvious reasons, a non-modifiable agreement can present problems for either side. Having an attorney assist you with your case can help to ensure that all matters are resolved in a way which protects your interests.
If you are in need of assistance then contact my office today to speak with a Las Vegas uncontested divorce lawyer. I devote my practice exclusively to family law and my firm will give your case the attention it deserves. I understand that this is a serious time in your life and I pride myself on providing quality service. Contact us online or by telephone to schedule a consultation.
