Separation & Divorce

In order to obtain an annulment, unlike a divorce for which you do not need a legal basis, you need a specific grounds for an annulment.

A marriage is void if 1) one party is already legally married to someone else or 2) Consanguinty between the parties. NSR 125.290.

A marriage is voidable if 1) the party was under the age of 18 and did not obtain parental consent; 2) want of understanding, or 3) Fraud.

Call The Law Offices of Andriea A. Aden, Esq., today at 775-622-9245 if you have questions regarding whether you would qualify for an annulment.

If you and your spouse are unable to reach an agreement as to the terms of your divorce, you will need to file a complaint for Divorce. Once filed, the Complaint is served on the opposing party and you have effectively initiated a lawsuit for a divorce.

The Law Offices of Andriea A. Aden, Esq., can assist you in preparing, filing, and serving all of the necessary paperwork, as well as the entire contested divorce process.

The average time period for a contested divorce is nine months to a year and can involve up to three court hearings, including the initial Case Management Conference, the Settlement Conference, and, if the parties are still unable to reach an agreement, a contested divorce trial.

Call 775-622-9245 to schedule your consultation.

If you are your spouse are able to reach an agreement, the Law Offices of Andriea A. Aden, Esq., can assist you in preparing the Joint Petition for Divorce and the Marital Settlement Agreement.

You will never have to appear in Court if you and your spouse are able to reach an agreement. The documents are prepared, signed by the parties, and submitted to the Judge who will then, if the terms are acceptable to the Court, issue a Decree of Divorce.

Even if you are not quite on the same page, we can assist you in negotiating the final divorce settlement in the hopes of avoiding Court and reaching an agreement.

Call The Law Offices of Andriea A. Aden, Esq., today at 775-622-9245 to schedule your consultation.

The Law Offices of Andriea A. Aden, Esq. has extensive experience in litigating and negotiating settlements in high asset divorces. There is more than just figuring out an equal division under Nevada community property law, but often many separate property issues to litigate as well as tax implications, all of which need to be addressed.

Call The Law Offices of Andriea A. Aden, Esq. at 775-622-9245 today to schedule your consultation.

The Law Offices of Andriea A. Aden, Esq. has extensive experience in litigating and negotiating settlements in high asset divorces with complex property distribution issues. There is more than just figuring out an equal division under Nevada community property law, but often many separate property issues to litigate as well as tax implications, all of which need to be addressed.

Call The Law Offices of Andriea A. Aden, Esq.775-622-9245 today to schedule your consultation.

Nevada is an alimony state. There is no formula to determine what is an appropriate alimony figure, rather the Nevada legislature as provided factors for the Court to consider in making an alimony determination. See NRS 125.150. These factors include length of marriage, relative income of the parties, quality of life during the marriage, assets taken by way of divorce, and so on.

The court assess these factors in deciding what is a fair alimony award, both in amount and duration.
If you have questions on alimony, please call The Law Offices of Andriea A. Aden, Esq. at 775-622-9245 today to schedule your consultation.

What is an interspousal tort? It is a tort committed upon you by your spouse during the marriage. These includes assault, battery, intentional infliction of emotional distress, invasion of privacy, etc. Assault and batter would include transmission of a STD.

If you have an interspousal tort, or marital tort, it must be pled in your divorce. Also, the statute of limitations in regards to torts also applies to marital torts and there is no tolling of the statute of limitations if you remain married. If for example, your spouse transmitted a STD ten years ago, you would not be able to sue for damages for this in your divorce as the statute of limitations has ran.

If you have questions, please call The Law Offices of Andriea A. Aden, Esq. at 775-622-9245 today to schedule your consultation.

There are alternatives to a divorce if you wish to divide your marital estate, obtain orders on custody, but remain legally married. The process is identical to a divorce, but the final order simply does not award a divorce, but rather you maintain your status as married. By statute, a legal separation deals only with possession of assets, not ultimate division; however, you can agree to divide assets if you so choose. Legal separation can also include an order for separate maintenance, which is the equivalent of alimony in divorce.

Legal separations are rare but do occur. These are generally done for religious reasons or if you need to maintain health insurance and can only do so by remaining married.

Call The Law offices of Andriea A. Aden, Esq., today at 775-622-9245 if you have questions regarding whether a divorce or a legal separation is best for you.

Alimony may be modified so long as the Court still retains jurisdiction over the issue of alimony, meaning the payment of alimony is still on-going. If the Court terminated jurisdiction over the issue of alimony in your divorce, you do not get to come back later and ask for it. If alimony was awarded in the divorce, but the alimony period has ended, jurisdiction has ended, and thus again you cannot ask the court to modify. If you seek to modify alimony, you must file the motion while the Court still has jurisdiction over alimony.

In order to modify alimony, per the statute, there must be a 20% change in the obligor’s income. This means, under the statute, a change in the obligee’s income (i.e. the receiving party’s income), does not prompt a basis to modify alimony; however, it could potentially be considered depending on the facts. (i.e. spouse had no income at time of divorce and is now earning $100,000.) Ultimately family courts are a court of equity and should consider the relative income of the parties in an alimony modification.

I solve this problem by drafting decrees that state alimony is modifiable upon a change of 20% in either party’s income.

If the receiving spouse re-marries, alimony automatically terminates under Nevada law, unless your Decree states otherwise.

If you have questions in regards to modifying alimony, call the Law Offices of Andriea A. Aden, Esq. today at 775-622-9245 to schedule your consultation.

If you are the victim of domestic violence, first please contact your local law enforcement. Domestic violence is never okay, period.

If you need assistance in obtaining a protection order or separating from your abusive spouse, please contact the Law Offices of Andriea A. Aden, Esq. at 775-622-9245.

If you or your children are the victims of domestic violence, you may be able to obtain a protection order for both you and your children. The initial application is reviewed by the Court and they make an initial determination on whether to issue a temporary protection order. If they find enough cause to issue a temporary protection order, or, even if they don’t issue the order but have enough concern to justify a hearing, the Court will set a hearing within thirty days. At that hearing the court will then decide whether to issue an extended protection order for a period up to one year.

If you have questions on whether you need a protection order or if you need assistance in filling out the protection order application, please contact the Law Offices of Andriea A. Aden, Esq. at 775-622-9245.