Nevada State Divorce Law

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 a marriage illegal 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

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 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.