Unique Challenges Women Face When Divorcing

Impact of Income Disparities

One of the primary challenges many women face during divorce is financial inequality. Often, women earn less than their spouses or have been financially dependent, making the transition to independence daunting. The challenge is even greater for stay-at-home spouses or parents, as they may have been out of the workforce for years. In these cases, if you are considering divorce, planning for how you will achieve financial stability is a critical step.

While Nevada law provides for spousal support, or alimony, which can help alleviate these financial pressures, it is not guaranteed, and you may not receive the spousal support order you expect. Furthermore, property division settlements will further impact both spouses' financial situation. Understanding how these factors apply to your situation is crucial in ensuring fair support.

Division of Assets & Debts

Nevada is a community property state, meaning marital assets and debts are typically divided equally. However, this can be complex, particularly when there are concerns about fair division or when the divorcing couple has a complicated portfolio of assets and debts.

Women may worry about ensuring a fair division of assets, especially if their husbands have controlled the finances during the marriage. When you are unclear about your shared assets and debts, bring your concerns to your attorney.

Additionally, be aware of issues like misappropriation or hidden assets, which can significantly impact the division process. Vigilance and financial transparency are key.

Custody & Child Support Challenges

Custody Negotiations

Custody disputes can be particularly stressful, especially for stay-at-home mothers. Nevada courts prioritize the child's best interests, which includes evaluating the child's needs and each parent's ability to meet those needs. Managing your expectations, facilitated through open discussions with your attorney, can help you prepare for the potential changes to your and your family's routines.

50/50 custody arrangements are common and often preferred. However, visitation schedules will look different for every family, even when equally split.

Examples of 50/50 visitation schedules:

  • Week on, week off: The child spends one week with one parent and the following week with the other parent.
  • 2-2-3 schedule: The child alternates between parents every two days, spending Monday and Tuesday with one, then Wednesday and Thursday with the other, and finally, Friday to Sunday with the first parent.
  • Alternate weekends: The child spends weekdays with one parent and weekends with the other and then switches, allowing both parents to have both weekday and weekend time.
  • Daytime visitation during the week: One parent has the child during weekdays, while the other has the child on weekends but gets some daytime visitation during the week to balance out the overnights.
  • Split Days: The child spends mornings with one parent and afternoons with the other, which can work well for younger children attending daycare or preschool.

As your children grow up and their lives change, your visitation schedule will likely change as well. It is not uncommon for parents to request modifications to accommodate their children's changing schedules and needs.

Child Support

In Nevada, child support is calculated based on the parents' incomes and the children's needs. Challenges may arise if the paying parent attempts to avoid paying, but there are legal avenues to address this, including modification and enforcement.

For women with children considering divorce, understanding these calculations and seeking legal guidance when necessary is strongly recommended. Remember, mothers are not privileged in custody decisions, nor are they automatically awarded child support if conditions do not warrant it. Working with your attorney to clearly understand likely outcomes for your personal situation can help you manage your expectations and reduce your stress.

The Impact of Divorce on Lifestyle, Career & Future Opportunities

For women juggling careers and divorce, the stress can be overwhelming, especially when also managing childcare. Many women are understandably worried about their long-term financial stability and what impact their divorce will have on their careers, retirement accounts, and more. If this sounds like you, you are not alone, nor do you have to go through this process alone. Balancing these demands often requires time management and support from various professionals, including legal, financial, and even mental health professionals.

Ford & Friedman is here to help you understand your rights and options. We invite you to schedule a consultation to discuss your situation with one of our attorneys. 

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