Looking for a lawyer for family law in Las Vegas? If you have made the decision to separate or after a previous year of separation, to file for divorce, please make an appointment with your lawyer for family law in Las Vegas.
The information on this page can only provide an introduction to a conversation with the divorce lawyer – do not forego comprehensive, professional advice from a lawyer specializing in family law. I will gladly and also ask questions of property adjustment, the separation of property, the maintenance, the parental authority and other legal issues in the area of family law are available and help you enforce smooth and easy divorce. If you are looking for a lawyer for family law, you have come to the right place.
Looking for a lawyer for family law in Las Vegas?
After you have thought long and hard about filing for divorce, most divorce-seeking clients are interested in getting the divorce proceedings through quickly. Such is the predominant desire to “finally get the divorce over with” and to begin a new chapter in life. In family law, a distinction must be made between four divorce options in divorce proceedings:
- Consensual divorce after one year of separation
- Disputed divorce after one year of separation
- After three years of separation
- After less than a year of separation (so-called hardship decision).
Do I need a divorce lawyer for family law in Las Vegas?
Family law attorneys in Las Vegas are essential for a divorce and the surrounding area. You cannot get divorced without a family law attorney. Since divorce proceedings are so-called matrimonial matters according to the law, a lawyer is required under Section 78 II No. 1 of the Code of Civil Procedure. However, uncontested divorce Las Vegas is a better option comparatively.
If you are looking for a divorce lawyer in Essen or a lawyer specializing in family law in Essen and the surrounding area, please contact my law firm. As an experienced lawyer for family law in Essen, I will be happy to advise you on your divorce cases and help you on the way to an uncomplicated, problem-free divorce.
In the event of an agreement on the request for divorce between you and your spouse, I can work for both spouses and carry out the divorce. However, this method has considerable disadvantages if, contrary to expectations, a dispute between the parties arises in the course of the divorce proceedings – which often happens. In this case, I am not allowed to represent either of the two spouses against the other party and must terminate the mandate. So, consider early on whether your mutual will really amounts to an amicable divorce.
What do I have to bring with me to the first appointment with the family law attorney?
If you come to my first consultation as an attorney for family law in Essen, I ask you to bring the following documents with you, if you have them at hand:
- Marriage certificate
- The birth certificates of any common children
- Proof of citizenship for foreigners
- Your identity card
- The marriage contract, if any
If certificates or documents are initially missing, they can be submitted to my family law office in Essen.
Divorce in Nevada? Not without a family lawyer
After you have made the decision to divorce, I will receive you after making an appointment in my law firm for family law, directly opposite the District and Regional Court. Here we discuss what type of divorce is an option for you. Then, if you wish, I will immediately file an application for divorce at the responsible family court.
At this appointment, as your lawyer for family law in Essen, tell me about those aspects that are personally important to you, but which I simply cannot know. Any circumstance can be decisive for the outcome of the proceedings. For example, if you have already reached an agreement with your current spouse about the consequences of the divorce, please inform me of these agreements so that I can include them in my considerations and check whether they are advantageous for you as my client.
In addition, lawyers specializing in family law recommend that you write down any questions before the meeting in the family law office. So, there is no possibility of forgetting relevant information after all. A comprehensive, individual consultation also means that the divorce lawyer in Nevada responds to the very personal concerns of his clients and does not routinely “deal with” his clientele. Therefore, despite my many years of work as a lawyer, it is particularly important to me to respond to each client individually and to devote enough time.
The consensual divorce
Although the conflicting interests of a divorce often lead to disputes and the nature of a divorce already involves a large amount of disagreement between the still-spouses, a consensual divorce is the norm. However, it is tied to three minimum requirements:
- The spouses have been separated for a year (so-called separation year, cf. § 1566).
- Both spouses consent to the divorce amicably and unconditionally.
Since September 1st, 2009 there is no longer any need for an agreement on the so-called incidental divorce matters, but both spouses must submit a declaration as to whether they have agreed on the incidental divorce matters. This agreement must contain a regulation on custody and access rights, as well as the maintenance obligation towards common children.
If these three prerequisites are met, the marriage is deemed to have irrefutably failed within the meaning of Section 1566 of the American Civil Code. The divorce judge will then only hear you and your spouse about the circumstances of your separation. But you can find out more from me in the family law advice in my Essen law firm for family law and divorce matters.
The year of separation
The term year of separation describes the legal requirement that the spouses must live at least one year apart as a necessity for the divorce of the marriage. In contrast to the original version of the civil code, the principle of guilt is no longer pursued, in which the question of who caused the divorce through his behavior was asked. Instead, the break-up principle applies, according to which the marriage must have failed in order for a divorce to take place. The legislature introduced the requirement of the year of separation as a presumption. Because after living apart for a year, it can be assumed that the marriage has really failed. One speaks of living apart when the domestic community no longer exists and at least one of the spouses no longer wants to establish it either:
- There is no longer an intimate relationship.
- The spouses no longer provide each other with household and utility services.
- Meals are no longer eaten together.
The following formula applies: the spouses neither share a table nor a bed!
The case is not a problem if a spatial separation is carried out by one of the partners moving out of the shared apartment and the year of separation being carried out in different apartments. Nevertheless, it is possible to successfully complete a year of separation in accordance with § 1567 II sentence 2 in a shared apartment.
Such a year of separation comes into consideration if it is not feasible for a spouse to move out due to a lack of financial means. In this case, the year of separation can also take place when staying in a shared apartment if it is clearly made clear that it no longer exists. Among other things, separate sleeping facilities must be provided for this.
When completing the year of separation in the shared apartment, it is urgently advisable to provide the spouse with the same information about the separation when submitting the application for divorce and in court, in order to avoid any problems with the recognition of the year of separation.
Incidentally, a brief attempt at reconciliation does not interrupt the year of separation, as the legislature does not want to prevent anyone from attempting reconciliation for fear of interrupting the expiry of the deadline. However, trying to live together again for more than four weeks could raise doubts in the competent court – please inform me immediately of such special circumstances so that I can make a legal assessment of your individual case.