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Basics of a Nevada Divorce

Basics of a Nevada Divorce

If you’re filing for divorce in Las Vegas, Henderson, or anywhere else in Nevada and this is your first time, you’ll have a lot of questions about your rights and responsibilities under Nevada law. To help shorten the learning curve, read on to learn the basics of a Nevada divorce. If you need legal representation, don’t hesitate to contact us directly.

1. Residency Requirement
In order to file for divorce in Nevada, you must meet the state’s residency requirement. Nevada’s residency requirement is only six weeks, meaning you must have been a resident and physically present in Nevada for at least six weeks and intend on remaining here indefinitely. You cannot have any immediate plans of moving out of the state.

2. Grounds for Divorce
The State of Nevada has three grounds for divorce: 1) incompatibility (the spouses are not compatible), 2) one spouse has been insane for at least two years before filing the divorce action, and 3) the spouses have been living separate and apart for more than a full year. Nevada is a no-fault divorce state, so spouses do not need to accuse each other of adultery or mental cruelty, etc. to get divorced.

3. Divorce Settlement Agreements
When a couple divorces, a number of issues are addressed in their divorce agreement, such as:

4. Couples can make their own terms.
Just because you’re getting a divorce, it doesn’t mean you have to have a judge decide for you. In fact, the courts encourage couples to reach their own agreements regarding child custody and property and debt division.

Such agreements are typically put in writing, notarized, and then approved by the court. If you and your spouse do not divide the community property equally, you’ll need to explain why you reached your agreement. Same with child custody – the courts prefer to you reach your own written agreement, which should be notarized before it’s sent to the court for final approval.

5. Alimony is not guaranteed.
Nevada judges have a lot of discretion when awarding alimony. If a spouse asks for it, the court must consider 11 factors when deciding on the length and amount. Such factors include but are not limited to the length of the marriage, each spouse’s earning capacity, the property division agreement, and if the dependent spouse has been out of the workforce for a long time. A judge can order temporary support while the divorce case is pending in the courts.

Related: Filing for Divorce in Las Vegas

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