This is the next post in my series discussing how Nevada’s property laws impact the divorce settlements of Las Vegas residents. My last article served as an overview of topics that we will be discussing throughout this series. In this discussion I will discuss why an uncontested divorce is often the best option for couples when property is the main concern.
Nevada’s community property laws make it easier for divorcing couples to reach an agreement regarding property distribution
Nevada is unlike many other states in that it is a “no-fault” divorce jurisdiction and is also a community property state. This means that the reason for the failure of the marriage is irrelevant to the granting of a divorce. Property is distributed between divorcing spouses in Nevada whether the couple mutually agreed to separate, if one spouse was unfaithful, or if one spouse wants a divorce and the other does not. Community property laws dictate that the property a couple accumulated over the course of the marriage is generally to be distributed 50-50. While the ways in which property can be distributed may vary, the overall dollar amount of property, monetary compensation, or other assets that each person walks away with must be equal.
Because community property laws are relatively straightforward, it is in a couple’s best interest to choose how to divide property themselves whenever possible. Both partners know going into the divorce that one person cannot “win” more property than the other. Thus it makes more sense for a couple to divide their own belongings rather than to have a Judge do it for them. Nevada’s uncontested divorce process saves on legal fees and helps to ensure that property is divided in a way that makes the most sense for each individual. Each person can ensure that they walk away with property that has sentimental value, that they utilize more than the other partner, or that their pension plan remains intact. Even if a mediator must become involved to help the couple arrive at a conclusion, arriving at a settlement is always better for Las Vegas couples than forcing a Judge to make property decisions.
Uncontested divorces may not be feasible for Las Vegas couples facing alimony or child custody disputes
When a couple has no children, and both earn roughly the same income, property is often the largest issue to deal with. The divorce process, however, become considerably more complicated when children are involved. Additional complications arise when one spouse earned disproportionately more than the other and the separation is not amicable. When property division is not the main focus then it is often much more difficult to arrive at a mutual decision. This is partly due to the fact that Nevada’s laws regarding child custody and alimony are not as straightforward as property.
If you are a couple whose main area of concern in a divorce is property distribution then a great deal of money can be saved by working out the details amongst yourself. Contact a Las Vegas uncontested divorce lawyer today for assistance with the process.