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Nevada Family Law FAQ

Learn More About the Nevada Family

Our goal at Kelli Anne Viloria is to help you navigate the family court system and to ultimately help get you and your family to its "new normal." If you have never dealt with an involved legal matter like a divorce or adoption before, the process can seem overwhelming. Our job is to educate and guide you through every step.

If you are uncertain if legal action is right for you, read through these answers to some frequently asked questions. Knowing more about what to expect and what’s involved may give you the confidence you need to move forward. We serve clients in Sparks, Carson City, Incline Village, North Valleys, Sun Valley, Fallon, Fernley, Washoe County, Carson City County, Douglas County and across northern Nevada.

Find out more about how Kelli Anne Viloria can help you by calling us at (775) 476-5642. We look forward to meeting you.

Will I Have to go to court?

What people don't often know is that most lawyering occurs outside of the courtroom, to include various legal matters, preparation, strategizing and negotiating. In divorce, many couples choose to try a collaborative or uncontested divorce. These negotiations take place outside the courtroom without a judge’s interference.

Many legal matters are settled this way. Most people do not enjoy having to go to court as they have less control over the situation in that setting. At least one court appearance is usually required in legal issues, but the more you figure out beforehand, the less stressful the court appearance will be. If parties are unable to cooperate, however, a battle in court may be inevitable.

Do I need an attorney?

It is always in your best interests to work with an attorney in family law matters. These are complex matters where a single mistake or oversight could have a significant impact on your future. Your attorney’s job is to serve as a guide through this process and handle many of the more technical details. Additionally, if you are going through a divorce, your spouse will most likely have a lawyer of their own. Attorneys know how to navigate the court system and craft strategies that benefit their client. You will want someone doing the same for you.

Will I get to keep my assets in a divorce?

Nevada is a common property state. This means that the assets you obtain during a marriage are considered both spouses’ property and will need to be divided equally. This applies not only to physical property and finances, but also retirement plans and debt.

You can, in certain cases, make the argument that certain assets belong solely to you and should not be considered in divorce proceedings. Assets you owned before the marriage began can usually be made exempt from common property law.

My former spouse has custody of our children and wants to move. What can I do?

In Nevada, a divorced parent cannot move out of state with children without permission from the court. If you do not want your children to leave the state, you can raise objections. When considering these cases, judges make decisions based on the best interests of the child. If they believe leaving the state will significantly damage the relationship with a parent, they may deny the request. You will want to hire an experienced family attorney to help you argue your case.

My former spouse is refusing to pay child support, do they still have visitation rights?

The short answer is, yes. Child support and visitation rights are mutually exclusive, and failing to pay child support does not forfeit visitation rights. That said, if you are not receiving child support you can bring the matter to court where a judge may limit visitation rights until your former spouse begins paying in full.

Does family court favor women?

It is a common misconception that women are given favorable treatment in divorce and other family law matters. Rulings in divorce, spousal support, and child custody take many factors into consideration. For spousal support (alimony), the spouse with the lower paying job is usually awarded payments so they can continue enjoying the same standard of living. In child custody, the judge considers what is in the child’s best interests. They typically make the decision based on what will cause the least interruption in the child’s life, unless both partners can agree to joint custody.

Because stay-at-home moms were the norm for many years, they were frequently given physical custody rights and spousal support, which is where the misconception that women “win” divorces came from. Culture has begun to shift in recent years with more women taking on full-time careers. As a result, the divorce statistics are beginning to change as well.

Call the firm today at (775) 476-5642 to talk to an attorney about your case.

Why Choose Us?

  • Courtroom Confidence

    We have spent enough time in the courtroom to know what it takes to win a family law case.

  • Trusted Insight & Advocacy

    We have more than 21 years of experience and a proven record of success in family law.

  • Custom-Tailored Solutions

    We strive to identify efficient solutions and work towards them in a cost-effective manner.

  • Over 20 Years of Experience

    We apply the principles of confidence, compassion and conviction towards every case.

We Are Here for You & Your Family

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