Divorce is an emotional and difficult process. No one wants to see their marriage fall apart. Even if you and your spouse are parting ways on good terms, divorce can be complicated and painful. Unfortunately, in more cases than not, at least one spouse is angry and vengeful, making the process far more difficult on everyone involved, especially if there are children.
Reno divorce attorney Thomas C. Bradley has the experience and skill to reduce the levels of acrimony and bitterness normally present in divorce cases. He is frequently able to settle the case on favorable terms, enabling you to avoid expensive, protracted, and hostile litigation.
To learn how the Law Office of Thomas C. Bradley can help with your divorce, call 775-323-5178 today to schedule your initial consultation. Mr. Bradley helps men and women from Reno, Sparks and nearby areas in Nevada.
Read about common considerations in many divorce cases:
- Divorce agreement
- Uncontested divorce
- Contested divorce
- Nevada is a no-fault divorce state
- Modifications
- Legal separation
- Annulment
A Divorce Attorney You Can Trust
While attorney Thomas C. Bradley is often able to settle the tough cases and avoid the need for long-drawn-out and expensive divorce litigation, he is also a very experienced trial attorney who can get results in court if a settlement is not in your best interest. Mr. Bradley is committed to resolving all disputes as amicably as possible, but he understands that there are many cases where this is not possible.
He has the skill and experience to aggressively protect your rights throughout the litigation process. In many cases, once the opposing side realizes that you will not accept a less than fair resolution and are not afraid to take the case to trial, the other side’s settlement offers improve substantially as the trial date approaches.
When you choose the Law Office of Thomas C. Bradley, you will be dealing directly and exclusively with Mr. Bradley. He will personally handle every aspect of your case. If you are considering divorce in the Reno or Sparks, Nevada area, the Law Office of Thomas C. Bradley is here to help.
Divorce Agreement
Certain matters must be settled in a divorce. These include:
Property division is one of the most complex aspects of divorce, whether your divorce is contested or uncontested. It involves dividing all of the marital property – both assets and debts.
Uncontested Divorce
For couples who can reach an agreement on all of the terms of the divorce, an uncontested divorce may be a great option. It is cheaper and faster than a contested divorce and can keep your case out of court. You are not required to use a lawyer to obtain an uncontested divorce, but there are some very important reasons why you should.
First, it is easy to miss important elements of a divorce agreement and wind up having to go back and start all over. An experienced divorce attorney can review your agreement, draft a valid and enforceable agreement, and ensure all documents are filed correctly. This saves you time and money in the long run and avoids surprises later down the road.
The second reason is that you need to know your rights and be sure that the agreements are truly fair to you. Divorce can be a very emotional event, even when the split is amicable. A spouse who feels guilty or just wants to get it all over with and move on may agree to give up far more than they should, especially when it comes to property. Over the years, you may find that you regret such a decision, but property division is final and you cannot go back and change the agreement later if you decide or discover it was unfair.
Many spouses do not know their rights in a divorce proceeding in Nevada. Each state has different laws, and laws change over time. You cannot rely on your past experience or the experiences of friends and relatives as a measure of how your divorce will work. Nevada is a no-fault state. It is unlikely that you will be penalized for things you may have done to contribute to the breakdown of the marriage. Do not be fooled into believing you should give it all up in an uncontested divorce because you think that you will lose everything if you go to court. That is not how it works in Nevada.
An uncontested divorce can be far less stressful and a very good option for some couples. However, you should still consult with an experienced divorce attorney before you elect this option.
Contested Divorce
A contested divorce occurs when spouses cannot agree on everything and usually involves the filing of a divorce complaint, an exchange of financial information, and often some involvement with a judge at a settlement conference. Only a small percentage of cases actually go to trial to resolve all disputes. Obviously, a contested divorce is a more complicated process than an uncontested divorce, but just how complicated depends largely on several factors, including the complexity of property and financial issues as well as the attitudes of both spouses.
Mr. Bradley will start off by gathering detailed financial information from you and your spouse. One of the biggest challenges in a contested divorce is making sure that all assets and debts have been disclosed and that they are valued accurately. In too many divorces, a spouse, usually the spouse with the most to lose, will try to hide assets, or value them in a way that makes them appear to be worth less than they really are. In this situation, you need the help of an experienced Nevada divorce attorney who is willing to fight for you.
Mr. Bradley routinely works with forensic accountants to make sure that the true value of your spouse’s assets are revealed so that property division and alimony decisions are fair and appropriate. Too many divorce attorneys are afraid to go to court and prefer to settle divorce cases even if it is to the detriment of their clients. Mr. Bradley will act as a strong advocate for you and is not afraid to take your case to court if that is what it takes to get a fair divorce agreement for you.
Nevada Is a No-Fault Divorce State
For many couples, one of the most confusing aspects of divorce is the concept of no-fault divorce. Nevada is a no-fault divorce state. That means that court will not penalize either spouse for such behavior as having an affair during the marriage. Issues such as property division and alimony are not affected by fault within the marriage such as infidelity or minor substance abuse. Some find this to be a great relief, while those who feel they have been greatly wronged may find it frustrating and very difficult to accept. If you are one who feels that it is unfair, you need to be prepared. Airing your spouse’s dirty laundry in court will likely not work in your favor. In fact, many judges frown upon it.
The primary exception is called “community waste” or “marital waste”. If a cheating spouse spent large amounts of the marital assets on the boyfriend/girlfriend, it could constitute community waste. Large gambling losses may also qualify. Community waste may apply to a spouse who intentionally squanders marital assets for the purpose of depriving the other spouse of their share. Community waste can affect financial decisions such as property division, in an effort to repay the injured spouse.
Modifications
Some aspects of your divorce agreement can be modified at a later date, if the circumstances truly call for it. For instance, it is possible that alimony orders may be modified if the financial situation of either spouse changes significantly. This often happens when the paying spouse suffers a great reduction or increase in income. If the paying spouse is paying high alimony, loses their job and cannot find a similarly-compensated position, they can petition the court to lower the alimony.
The reverse can happen as well. If the paying spouse sees a substantial increase in income, the receiving spouse may petition the court for a higher alimony amount.
Property division usually cannot be modified. Generally, once property is divided there is no going back and changing it. However, if your spouse intentionally hides a valuable asset, it may be possible to go back to court and receive your fair share.
Child custody and visitation orders as well as child support orders may also be modified under certain circumstances.
Legal Separation
Many couples are under the misconception that legal separation is a good option when they are strongly considering divorce, but are not quite ready to go through with it.
Legal separation normally entails doing all of the work you must do to accomplish a divorce, without the actual dissolution of marriage. In many cases, it is just as expensive and complicated as divorce. All of the same issues, such as property division, must be settled. You do all the work and go to the expense of divorce, without technically ending the marriage. You are not free to remarry.
Legal separation, however, is appropriate for some couples, however, such as those who do not want to divorce for religious reasons or other practical purposes such as maintaining Social Security or health insurance benefits.
Annulment
Annulment is not the same as divorce. Divorce dissolves the marriage; annulment makes the marriage contract void as if it never existed. Annulment is very rarely granted in Nevada. There are very strict requirements and few couples qualify.
Schedule Your Divorce Consultation Today
If you are considering divorce in Reno or Sparks, Nevada and would like to learn more about your options and your legal rights, please call The Law Office of Thomas C. Bradley at 775-323-5178 or contact us online to schedule your initial consultation.
