Divorce is a stressful event for both same-sex and heterosexual couples. However, if you belong to the LGBTQIA+ community, dissolution of marriage may involve some unique challenges. An experienced and dedicated same-sex divorce lawyer can help you transition to the next stage of your life while minimizing the stress as much as possible.
For trusted legal support with same-sex divorce in Las Vegas, call our law firm of Naimi & Cerceo at (702) 901-4800.
How Does Same-Sex Divorce Work in Nevada?
In Nevada, family law courts must approach same-sex divorce on exactly the same terms as heterosexual divorce. Thus, a separating same-sex couple will need to work out an agreement on all the key points of divorce, including:
- Property division
- Child custody
- Child support
- Spousal support
Property Division for Same-Sex Couples
Nevada is a community property state. This means that each spouse gets an equal part of the marital property: i.e., all the assets that the couple acquired during the marriage. Similarly, any debts the couple incurred while married become split equally.
However, a Nevada judge may make exceptions in case one spouse committed flagrant waste of marital assets – for instance, the spouse who incurred gambling debts is generally responsible for paying them.
Unlike marital property, separate property isn’t liable to division during divorce. Separate property includes:
- Assets either spouse gained before the marriage
- Inheritance and gifts
- Property that a prenuptial or postnuptial agreement defines as separate
Child Custody Arrangements
By default, divorced couples in Nevada share legal custody of their children. This means both parents have equal authority in major decisions in the child’s life, like education and medical care.
To protect your child’s best interests and preserve an amicable relationship as co-parents, make sure your parenting plan covers all the important points like physical custody division, a visitation schedule, and child support.
Do You Need an LGBTQIA+ Divorce Lawyer?
While some same-sex couples choose to conduct their divorce process without an attorney’s services, hiring an LGBTQIA+ divorce lawyer can help you avoid complications and ensure that you finish your marriage on fair, mutually acceptable terms. We strongly recommend working with an experienced same-sex lawyer if:
- You have minor children
- You jointly own extensive, complex, or debt-encumbered property
- You own or manage a business together
- You have lived together in a domestic partnership for a considerable time before marriage—for instance, if your relationship began before Nevada recognized same-sex marriages
- You know that your spouse has already retained a lawyer
As a rule, working out an amicable divorce agreement is always preferable to litigation. If you and your spouse run into difficulty settling divorce terms, our skilled same-sex divorce lawyers can help you bridge your differences through mediation.
Naimi & Cerceo: LGBTQIA+ Friendly Divorce Lawyers in Las Vegas
Uncertainty, financial challenges, and emotional tension may make the divorce process extremely stressful. Our empathetic, LGBTQIA+-friendly legal team of Naimi & Cerceo is here to help you navigate same-sex divorce, avoid conflict, and protect your rights.
To consult a Las Vegas same-sex divorce lawyer, call us at (702) 901-4800 or contact us online.