Nevada divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in – Nevada. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Nevada divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
Nevada requires that anyone filing a Complaint for Divorce in a Nevada District Court must live in the state for a period of 6 weeks prior to filing.
Nevada Grounds for Divorce
While Nevada is a mixed state, with options for filing both no-fault and fault-based divorce petitions, the grounds for a fault-based divorce are significantly less extensive than in some other states.
Uncontested Divorce in Nevada
Parties may file an uncontested divorce in Nevada when they file a no-fault petition jointly and fulfill additional prerequisites:
- The parties have lived apart for at least 1 year
- There are no minor children and the wife is not pregnant
- The parties have negotiated a custody and support agreement
- There is no community property, or they have negotiated a settlement for the division of property
- The parties waive their right to support or have negotiated an agreement for such support
- The parties waive their right to appeal, notice of entry of the final decree, and the right to request the findings of the court
- The parties both desire the divorce
There is also a Nevada provision for a summary default divorce by affidavit, by which neither party contests the elements of the divorce, the defendant agrees with the claims of the petition or does not answer the summons, and the divorce is granted by default without a hearing.
Contested Divorce in Nevada
If there are complex counterclaims or points of contention, an uncontested divorce is impossible. However, it is wise for the parties to employ divorce attorneys to help reach an agreement on those elements or to present their claims before the court.
Annulment in Nevada
There are several elements, which make constitute an illegal marriage in Nevada. In order to declare that marriage void, one party must prove one of the grounds for a Nevada annulment:
- Bigamy
- Consanguinity, or marriage to a blood relative
- Underage marriage to someone under 18 without parental permission, or to someone under 16 even with parental permission
- Insanity
- Fraud
- Addiction to Drugs or alcohol
No Fault Divorce in Nevada
A no-fault divorce is granted if these grounds can be proved:
- Living separate and apart for at least 1 year
- Incompatibility
Nevada Fault Divorce
Nevada fault-based divorce is very limited under Nevada law. The only grounds accepted for fault-based divorce are insanity for longer than 2 years.
Nevada Divorce and Child Custody
Child Custody Laws
Nevada courts base child custody primarily on one condition, the best interests of the child. However, there are additional factors that they may consider:
- The child’s wishes, depending on their age and maturity
- The parents’ wishes
- Any evidence of domestic violence
Child Alimony (Nevada Child Support)
Nevada Child support is generally calculated according to the official Child Support percentages found in the Nevada Revised Statutes. However, there are extenuating circumstances that may alter those orders, on a case-by-case basis:
- Health insurance costs
- Childcare costs
- Any unique educational needs of the child
- The child’s age
- The parents’ responsibility for the care of others
- The contributions of the parents
- Any public assistance used on behalf of the child
- Any pregnancy expenses
- Travel and visitation expenses
- The child’s visitation time with each parent
- The parents’ relative income
Parents in Nevada use the Percent of Income Model in combination with standard Child Support Worksheets to calculate support estimates.
Nevada Divorce Spousal Support
Nevada courts base alimony on a number of factors:
- The merits of the each spouse
- The parents’ financial conditions after the divorce
- Which party received the property used for support
- The dependent party’s need for education or training in order to procure a job or become self-sufficient
- The contributions by the dependent spouse to help the other party obtain education and training during the marriage
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Nevada
Spouses in the military are protected by Nevada law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From a Nevada Divorce Lawyer?
While any time a divorce occurs it is difficult, when there are conflicts over child custody, support or property, it is even more stressful. That is why it can be essential to employ an experienced Nevada divorce attorney to provide an unemotional and unbiased negotiator who can represent the claims of their client effectively and protect their rights in court, if necessary.