Division of Marital Property in a Nevada Divorce

Under Nevada law, the division of marital property in a divorce is subject to the "community property" rule. This means that the marital property is divided 50 – 50 or as close to that as possible unless there is a compelling reason to make other adjustments by the court. Nevada law defines community property as the property that is "acquired after marriage by either husband or wife, or both." Exceptions to this are property which is deemed to be separate, which is property that a husband or wife owned before the marriage occurred or acquired afterward by gift, bequest, devise, descent, or by an award for personal damages.

Other exceptions to the community property rule may involve written agreements between the spouses which state that specific property is not community, a decree of separate maintenance issued by a court, or a decree written under another section of Nevada law which allows for a division of the income or resources of a husband and wife where one of the spouses is institutionalized. Another exception to the community property rule falls under section 123.190 of Nevada law which states that a husband or wife may give written authority to the other to appropriate his or her own earnings as separate property because as a "gift." The matter of community and separate property in a divorce can be a complex one, especially in cases of high net worth or where a complicated and long financial history exists, which is why it is best to consult with a qualified divorce attorney in order to ensure that your legal rights and benefits are protected in the divorce process.

Divorce Attorney in Las Vegas, Nevada

As you can see from the above, the divorce process can involve complicated matters. These issues can revolve around how to fairly divide marital assets and property to child custody, spousal maintenance, and more. Understanding your legal rights and the full ramifications of your decisions in a divorce is necessary if you want to ensure a satisfactory result. That is why you need the legal guidance and support of an experienced divorce lawyer in your local area.

If you are located in and around the Las Vegas area, you can rely on Gordon Law Offices, a firm that has more than 50 years of experience in divorce and family law. This is a father and son legal team dedicated to providing you with effective professional help with all of your family law needs, from divorce to domestic violence, adoption, annulment, enforcing or modifying court orders, legal separation, relocation, visitation, and more. The firm also offers mediation services or a collaborative approach to divorce and other family law problems which is a less costly, less adversarial, and more user-friendly method to resolve legal conflicts. Contact the firm to learn more about how an experienced attorney can help you. Initial consultations are free.