 Nevada Divorce Laws
(easy reference for the "do it yourself divorce")
The state of Nevada has unique divorce laws for people who wish to terminate their marriage.
We are providing this online divorce information to you as an easy divorce reference guide to help you while you are doing your own divorce. This information (and much more) is available inside your personal 3StepDivorce account area in order to help you understand how Nevada addresses the most important issues in the divorce process and certain elements throughout your divorce forms.
The following overview of Nevada divorce laws will help you understand the filing procedure and other primary issues concerning your divorce. Please keep in mind that our Nevada online divorce service and support staff will make the process easy for you from start to finish. We take the difficulty out of doing your own divorce.
Residency Requirements: In order to file for a divorce in Nevada, you or your spouse must meet the strict residency requirements. These requirements permit the court to have jurisdiction of your case, resulting in allowing you to use their judicial system. These requirements are only a concern for spouses who have recently relocated or plan to relocate in the near future. They are as follows:
Divorce from the bonds of matrimony may be obtained by verified complaint to the district court of any county: (a) In which the cause therefor accrued; (b) In which the defendant resides or may be found; (c) In which the plaintiff resides; (d) In which the parties last cohabited; or (e) If plaintiff resided 6 weeks in the State before suit was brought.
Unless the cause of action accrued within the county while the plaintiff and defendant were actually domiciled therein, no court has jurisdiction to grant a divorce unless either the plaintiff or defendant has been resident of the State for a period of not less than 6 weeks preceding the commencement of the action.
The divorce is typically filed with in county in which the filing spouse resides. (Nevada Statutes - Chapter 125 - Sections: 020)
No-Fault Grounds: Most uncontested divorce cases are filed according to a "no-fault" ground. We are using the term "no-fault" in a generic fashion by labeling all grounds that do not actually declare a "fault" as "no-fault". In the state of Nevada the "no-fault" grounds are as follows:
A. When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party. B. Incompatibility. (Nevada Statutes - Chapter 125 - Sections: 010)
Filing Party Name: The Plaintiff. This is the spouse who is recognized as the initiator of the divorce and is the one who actually files the Complaint for Divorce with the county court.
Non-Filing Party Name: The Defendant. This spouse plays a lesser role in an uncontested divorce versus a contested divorce. He or she will be required to sign and/or respond in a timely fashion to the documents filed by his or her spouse.
Family Law or Domestic Relations Court: In the District Court for __________ County, Nevada. All divorce cases in the state of Nevada are facilitated through this court for that particular county.
Clerk's Name: All correspondence with a Nevada clerk of the court should formally address him or her as follows: District Clerk's Office.
Property and Debt Division: Nevada is considered an "equitable distribution" state. If you and your spouse are unable to come to an agreement on how the marital property will be divided, the court shall use a three step process. First, it will determine what property is marital. Second, it will put a value on the marital property. Third, it will divide the marital property in an equitable fashion, which is not necessarily equal, but rather what is considered to be fair.
The court shall dispose of any property held in joint tenancy (community property) upon divorce if the parties cannot agree. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made.
In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider: (1) The intention of the parties in placing the property in joint tenancy; (2) The length of the marriage; and (3) Any other factor which the court deems relevant in making a just and equitable disposition of that property. (Nevada Statutes - Chapter 125 - Sections: 150)
Changing Name:
In all suits for divorce, if a divorce is granted, the court may, for just and reasonable cause and by an appropriate order embodied in its decree, change the name of the wife to any former name which she has legally borne. (Nevada Statutes - Chapter 125 - Sections: 130)
Spousal Support, Maintenance, or Alimony: Determining the amount of spousal support, if any, is not as objective as determining child support. Spousal support, whether permanent or temporary, is typically decided on a case-by-case basis, because it is very likely that unique circumstances and factors regarding the marriage and the property award will play a significant role in allowing the court to arrive at the appropriate amount.
In granting a support award the court shall consider; The respective merits of the spouses; the post divorce financial condition of each spouse; which spouse actually acquired the property being used for support; and the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession.
In addition the court shall also consider: (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education. (Nevada Statutes - Chapter 125 - Sections: 150)
Custody and Visitation: Shared or joint child custody has become more and more popular with the Nevada courts. If you and your spouse request to have joint or shared "legal" custody, it will almost always be granted. As for joint or shared "physical" custody, the court will examine this a bit more closely to determine if it is a realistic choice that would result in an arrangement that is best for the children.
In determining custody of a minor child in an action, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.
Preference must not be given to either parent for the sole reason that the parent is the mother or the father of the child.
In determining the best custody award to order, the court shall consider, but not limited to: (1) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody; (2) Any nomination by a parent or a guardian for the child; and (3) Whether either parent or any other person seeking custody has engaged in an act of domestic violence. (Nevada Statutes - Chapter 125 - Sections: 480, 490)
Determining Child Support: The basis for determining a monthly support amount is best achieved by referring to the Nevada child support worksheet. The worksheet utilizes the child support guidelines that are defined by state law. The court will use this same worksheet as a building block for determining the support obligation, that is if you and your spouse are unable to come to an agreement on this issue.
The state of Nevada has child support guidelines devised for determining the appropriate child support amount. These guidelines will be applied to any case in which the parents can not agree on a reasonable month obligation. When applying the guidelines, the court will also consider several other factors that will help determine whether or not it is appropriate to deviate form the amount proposed by the use of the guidelines worksheet.
The court shall consider the following factors when deviating from the support guidelines: (1) The cost of health insurance; (2) The cost of child care; (3) Any special educational needs of the child; (4) The age of the child; (5) The responsibility of the parents for the support of others; (6) The value of services contributed by either parent; (7) Any public assistance paid to support the child; (8) Any expenses reasonably related to the mother's pregnancy and confinement; (9) The cost of transportation of the child to and from visitation (10) The amount of time the child spends with each parent; (11) Any other necessary expenses for the benefit of the child; and (12) The relative income of both parents. (Nevada Statutes - Chapter 125 - Sections: 230, 070, 080, 090)
Copyright Notice: These Nevada divorce laws above are copyrighted by Divorce Source, Inc. This abbreviated and revised version of the state laws has been compiled from applicable state laws and unauthorized reproduction in any fashion is prohibited. Violation of this copyright notice may result in immediate legal action.
< Return to Nevada Page
STEP 1: Begin Your Nevada Premium On-line Divorce
Click Here to Begin
|
|
