Divorce
Experience Matters
Divorce Overview
ONELLO LAW GROUP is a divorce litigation firm; we have taken many matters to trial and have been quite successful overall. However, many divorce matters can be settled and our office works hard to facilitate settlements in every matter, which includes (both) those matters that involve dependent children, and those that primarily involve property & financial rights. Our firm “style” in divorce matters is to feel out the “settlement waters” immediately “out the gate,” and keep pushing for settlement throughout litigation. We have many tools to facilitate settlement, and we are always prepared to litigate. We provide our clients with a range of realistic expectations so that they can develop realistic goals; our clients then choose their goals, and then we determine the best strategy to employ.
Types of Divorce
Divorces That Do Not Involve Dependent Children
Divorces most commonly cause two types of stress: emotional and financial. Often, the emotional stress of a divorce is compounded by financial stress. We know that. Our protocol is to quickly give each client realistic expectations of their property and financial rights because that allows our clients to start planning. Commonly, businesses, real estate, retirement accounts, and unsecured debts play a role in every divorce, and we know how to handle all these issues. Less common, our office has experience in both settling and litigating matters that involve premarital and postnuptial agreements, as well as trusts.
Divorces that Involve Dependent Children (Child Custody)
Nothing is more important to parents than children; they are always at the forefront of any divorce when at issue. Under Nevada law, joint physical custody is “preferred,” but many times our clients have concerns that are not easily remedied by the state’s “preference.” Our protocol is to articulate our client’s concerns and ascertain available remedies that may alleviate our clients’ concerns within the “preference.” In situations where there is no remedy to be found, we prepare an appropriate strategy to present our client’s position to the judge. While no two matters are alike, we have substantial experience in litigating matters that involve domestic violence, drug and alcohol abuse, toxic parenting, child alienation, and more. Consistent with our firm policy, we push settlement, but are always prepared to litigate.
Uncontested Divorces
Our office often receives inquires that sound something like “we are amicable, and we want to do a joint petition – how much do you charge?” After three questions, it becomes apparent that there are some key terms that have not been discussed by the parties. Often, those missing terms are “hot buttons,” and they are common issues that hamper settlement in our litigated divorce matters. In sum, we can quickly determine if you are in “uncontested camp.” We have a strategy that prevents the need to “start over” if a matter initially proceeds as uncontested, but then a “hot button” arrives on the scene. Our strategy is specifically designed to prevent waste of our clients’ retainer funds in situations of uncertainty, many of which are present in what are thought to be uncontested matters.
Common Divorce Questions:
Can I divorce in Nevada?
To obtain a divorce in Nevada, one party must be a resident. Generally, a party must have resided in the state for a minimum of six (6) weeks and intend to keep Nevada as their permanent home. However, this is not the be-all-end-all of the residency determination; it is the bare minimum. Other situations arise where there may be a more appropriate jurisdiction and/or venue for the divorce to be adjudicated. We have litigated the “forum” issue successfully in many matters and can properly advise you on where the matter should be brought.
Do I need to provide a reason for the divorce?
In Nevada, the key words to have grounds for divorce are “irreconcilable differences,” which amount to a lack of compatibility. Divorces are seldom denied for a need of “cause,” as nearly all divorces fall into this category.
How long does it take?
Every matter is different. Some matters resolve in mere weeks; many resolve in under one year; some exceed a year. We provide clients a realistic expectation in the first month of representation based upon a variety of factors, which include without limitation – is child custody at issue? is the spouse represented by counsel? what type and volume of property issues are present? Is there an alimony claim? did a party commit marital waste during an affair (for example)?, etc. Generally, more issues result in more time, but experienced counsel can help minimize that time.
