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Las Vegas Divorce Law Blog

The benefits of legal separation

Some Nevada couples may want to receive some of the benefits of divorce while retaining other benefits of marriage. For these couples, legal separation may be the answer. With legal separation, spouses can remain married while living away from one another and establishing legal agreements concerning property division, child custody and other matters.

The legal separation agreement will not be that different from a divorce agreement. It will detail some of the most important areas that need to be decided in a divorce so that if the spouses decide to finalize their divorce, it will be more of a formality than in-depth process.

A no-contact order means complete separation

In contentious divorce cases, restraining orders are sometimes used. In some cases, no-contact orders will be issued. These are very strict, and they mean both sides must remain completely separated.

This starts with physical separation. In some cases, the person the order is being taken out against may be given precise rules, like having to stay at least 300 feet from the other party. This is sometimes done to prevent stalking, keeping someone from even parking on the street outside of the other person's house, much less going in.

Financial arguments could hint at deeper problems

Divorce experts note that arguing about money is often the first step toward divorce. When they look for warning signs in a relationship that mean divorce will eventually happen, they look for these arguments more than disagreements about anything else.

Why is money so important? There are many reasons, and the issues could be purely financial. If a spouse is always wasting money and making it harder or impossible for the family to make ends meet, that could lead to a split.

Marriage statistics: Then and now

Not all married couples end up together for the rest of their lives. Indeed, a huge percentage of Nevada marriages result in a divorce. Although the actual percentage of marriage success is a debatable topic, Business Insider recently published new information regarding the current status of marriage success statistics in the United States.

According to the statistics, approximately 11 percent of Americans aged 30 had already been through a divorce. Meanwhile, 42 percent of 63-year-olds had been through a divorce, and 43 percent of 63-year-olds were still married to their first spouse.

What personal factors increase my divorce risk?

If you're considering divorce, you're not alone. Indeed, many Americans spouses decide to bring their marriages to a close -- especially during the months of January and February, which have been dubbed "divorce season" by many family law attorneys throughout the United States. Your decision to get a divorce, however, has likely brought up some questions, such as, what personal factors may have contributed to the failure of my marriage?

Every divorce is different, but social scientists have pinpointed several things that can contribute to the chances a couple will call it quits:

New legislation could help Nevada victims of domestic violence

Could new legislation in Nevada called Marsy's Law change the lives of domestic violence victim for the better? If you've been the victim of domestic violence, or know someone who has, this is what one of the state's legislative committees is proposing.

Marsy's Law is already a reality in California, Illinois, North Dakota, South Dakota and Montana. Similar laws exist in other states, designed to give the victims of violence or their surviving family members constitutional protections and equal rights alongside their abusers.

Don't let your divorce leave you uninsured or underinsured

When you're going through a divorce, insurance policies are probably not at the top of your list of priorities. However, an experienced family law attorney will help ensure that you don't lose important coverage for yourself and your children in the settlement.

There are different types of insurance you need to think about during your divorce.

Gay couples moving to protect their parental rights under Trump

Even with marriage equality the law of the land, many gay parents still find themselves having to fight for custody or even visitation of children they've raised, sometimes since birth, because they aren't considered the child's legal parent. If a couple breaks up or if the biological or legal parent dies, the other parent can find him- or herself with no rights to access to the child or to make decisions involving that child.

Many lesbian, gay, bisexual and transgender couples who have children fear that under the Trump administration, their parental rights could be further eroded. He could potentially appoints one or more Supreme Court justices during his term who would overturn federal marriage equality and put it back in the hands of the individual states.

Community property in Nevada

Keeping as much of your property as possible is probably one of your priorities if you're getting a divorce in Nevada. There is also the question of responsibility for debts. Perhaps you feel that your spouse should be more responsible for certain debts incurred during your marriage. Since Nevada is a community property state, there are specific things you should know about asset division.

In Nevada, all property and income acquired during the course of a marriage are considered to be "community" property. Community property will be divided equally between the spouses during the divorce process. Yes, that means a 50-50 split. The same applies to debts and liabilities. If you or your spouse made a purchase on a credit card, then that debt will likely be split by both of your evenly.

The connection between divorce and domestic violence

It's not uncommon for divorce and domestic violence to go hand-in-hand. While men can be the victims of domestic violence, women are far more likely to suffer abuse at the hands of their husbands.

Sometimes it's because of domestic violence that women initiate a divorce. In other cases, the physical abuse doesn't begin until the woman makes the decision to leave. A husband's anger that his wife is leaving can escalate into violence.