Nevada Divorce Laws

Divorce Laws in Nevada

If there is one state in America associated with quick marriages and even quicker divorces, it is Nevada. On average there are over 120,000 marriages performed every year in Nevada. Most popular are the drive-through chapels that can be found in Las Vegas.

To get a divorce, you only have to be a resident of Nevada for six weeks. Nevada was one of the first states to have such lax divorce laws. An entire industry sprung up around the concept that women or men could spend a six-week vacation in Nevada and then file for divorce. They still qualified even if they weren’t married in Nevada or planned to leave after six weeks. That six-week rule still applies to this day.

Types of Nevada Divorce

The easiest way to dissolve a marriage in Nevada is with an uncontested divorce. The requirements for an uncontested divorce are if there are no minor children involved or any babies on the way, if there is no community property, if the couple has been living in different residences for up to a year if they’ve worked out any support arrangements and, most importantly, if both spouses want the divorce to go through.

A contested divorce sets up a legal battle requiring a court trial. That’s when one side of the marriage wants to put up a fight as to the reasons for the divorce or issues regarding custody or alimony payments. These types of divorces are more costly because of the number of billable hours a divorce lawyer can rack up.

A no-fault divorce can be awarded only when the judge deems that the couple is completely incompatible or they’ve lived apart for an extended period of time. A fault divorce is only granted when one spouse can prove the other is actually insane and has been for at least two years.

Filing with the Court in Nevada

You must file your Nevada divorce papers in the court located in the County where you presently reside. We will provide the court information in the documents that we send to you, but some of the courts in Nevada are listed below:

• Carson City District Court, Carson City County:
  885 E Musser St Ste 3031 Carson City, NV 89701 Phone: 775-887-2082
• Second Judicial District Court Washoe County – Family Division:
  1 South Sierra St., Reno, NV 89501 Phone: 775-328-3110
• Eighth Judicial District Court of Clark County:
  200 Lewis Avenue, Las Vegas, NV 89155 Phone: 702-671-4528 Fax: 702-671-4548
• Elko County District Court:
  571 Idaho Street, 3rd Floor, Elko, NV 89801 Phone: 775-753-4602 Fax: 775-753-3762
• Humboldt County District Court:
  50 W. 5th Street #207, Winnemucca, NV 89445 Phone: 775-623-6451
• Pershing County District Court:
  P.O. Box 820, Lovelock, Nevada 89419 Phone: 775-273-2208

If your County court is not listed, the information for your court will be included in the divorce papers we send you.

Nevada Property Distribution

Nevada has deemed itself a communal property state. This means that if an agreement can’t be reached between the spouses, the court with divide all the property and assets 50/50. This applies only to the assets obtained during the course of the marriage. A judge can consider different factors such as if one spouse paid for improvements on a house or boat.

Nevada Alimony Laws

A Nevada divorce judge can award alimony payments to either spouse. One of the factors they consider is if the spouse who is going to pay the alimony actually improved their financial status due to education or training that happened during the marriage. This matters especially if the person receiving the alimony was the one who paid for the school or training. The perfect example is when a wife works to pay for a husband going to medical school.

Nevada Child Custody Laws

The primary concern with awarding custody in a divorce case is what the best interests of a child are. To determine that, a judge will consider what the child wants, where is the better living space for them, how much disruption will a change of environment cause, how the parents are getting along and whether or not there has been any record of abuse.

FAQs

Commonly asked questions regarding divorce laws in Nevada cover various critical aspects. Here are some frequently asked questions and their corresponding answers:

What are the Grounds for Divorce in Nevada?

Nevada is a no-fault divorce state, allowing divorce on grounds of incompatibility or living separate and apart without cohabitation for at least one year. Previously, Nevada was known for granting divorces on the grounds of “irreconcilable differences” or “incompatibility.”

How Long Does it Take to Get a Divorce in Nevada?

The time to finalize a divorce in Nevada varies based on court schedules, the complexity of the case, and whether the divorce is contested or uncontested. Typically, it can take several weeks to a few months.

How Is Property Divided in a Divorce in Nevada?

Nevada follows the principle of community property. Marital property and debts acquired during the marriage are generally divided equally between the spouses.

Does Nevada Have Alimony (Spousal Support)?

Yes, Nevada allows for spousal support. The court may award temporary or long-term support based on factors such as the length of the marriage, each spouse’s financial situation, and their contributions during the marriage.

How Does Nevada Handle Child Custody and Support?

Child custody decisions are made based on the best interests of the child. Nevada courts consider various factors including the child’s relationship with each parent, the parents’ ability to provide for the child, and the child’s wishes (if they’re of sufficient age). Child support is determined using the Nevada Child Support Guidelines.

Do We Need to Go to Court for a Divorce in Nevada?

If both parties can agree on all terms of the divorce, they might not need to go to court. Uncontested divorces can often be settled through paperwork and negotiation outside of court. However, if disputes persist, a court appearance might be necessary.

Can I Modify a Divorce Decree in Nevada?

Modifications to child support, child custody, or spousal support are possible under certain circumstances if there’s a substantial change in circumstances. Legal procedures are typically required for modifications.

These questions cover common concerns people have regarding divorce in Nevada. Since individual circumstances vary, seeking legal advice is advisable to gain a better understanding of the specific situation and receive accurate guidance throughout the divorce process.