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Common myths about divorce

Nevada couples who are considering ending their marriage may get a lot of well-meaning advice from family, friends and acquaintances, but some of that advice may be inaccurate. For example, people may think a no-fault divorce means that a person's misconduct is irrelevant. However, in some limited cases, financial misconduct by one spouse could affect property division.

A couple might hear that they can easily calculate child support by looking at state child support guidelines. However, determining child support can be very complex for reasons including variations in how income is determined and what other factors are taken into account. Another myth is that two spouses can be represented by the same attorney in a divorce. This is not the case, and if an attorney offers this, the couple should seek more ethical counsel.

Property division does not mean that a person is no longer responsible for a mortgage or loan even if according to the divorce agreement, that person no longer owns the property. The person may want to include statements and clauses in the divorce agreement that make the other party responsible for these debts. Property division may include dividing a pension plan since this is not protected in a divorce.

A person who is considering divorce may want to speak to an attorney to get a better understanding of the financial implications. An attorney may be able to clear up any misconceptions and help the client understand what kind of documentation might be necessary in determining how property might be divided. Since Nevada is a community property state, in a divorce, most property acquired after the marriage is considered marital property even if only one person worked outside the home.

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