Nevada Uncontested Divorce: Process and Tips

To be eligible for filing an uncontested Nevada divorce, you must meet the specific residency requirements of both the state and county where you will be filing your petition. The state requires that either party reside in Nevada six weeks prior to the divorce action. You must file the papers in the county where the cause of divorce happened or in the county where the couple last lived.

Grounds for Divorce in Nevada

Your petition must state the grounds you are seeking that led to the breakdown of the marriage. There are three grounds that you may stipulate, which are:

A no-fault divorce can be granted if the husband and wife have lived apart for a year or more.
The incompatibility of the parties or irreconcilable differences led to the split.
One of the parties has been categorized as insane for a period of two years prior to filing the petition. The court will require medical and legal evidence before allowing the case to proceed based on this fault.

The Property Settlement

Nevada is one of the few community property states, which means that any property or assets acquired during the marriage will be divided in half by the court if the couple is unable to reach a settlement agreement. Any property that was owned prior to marriage may be viewed as separate property and retained by the original owner. However, if one spouse contributed to the property by maintaining the grounds, adding to the overall value or made payments on the mortgage, the court can make sure reimbursement is provided to that individual. If you inherited property from a relative during the marriage and it was not commingled with joint property, you can retain this.

Spousal Support and Child Custody

The judge may award alimony to one spouse in an amount they deem as reasonable. The court will take into consideration the following:

The earning capacity of both partners
The length of the marriage
The age and physical and mental health of the parties
The immediate financial needs of each person
Whether one party has been out of the workforce for a long time and may need specialized training or additional skills before acquiring a job

Child custody decisions are based upon what is in the best interests of the child. Consideration regarding the ability of each spouse to care for the children and who can provide the more stable environment will be the primary factors considered. Child support is awarded at a minimum of $100 per child with a maximum of $500 per child, per month. Exact amounts are calculated based upon a percentage of the non-custodial spouse’s income.

Tips on Making the Process Smoother

Try to work out a parenting plan—Your divorce will proceed much smoother and cheaper if you can sit down with your spouse and come to an agreement regarding the children. No youngster wants to watch their parents fight it out.
Consider mediation—If you simply can’t agree on how to divide up your property or possessions, a third party may be able to give an unbiased opinion regarding a fair division of the assets.
Plan to attend the final hearing—Even when you and your spouse have a written agreement in an uncontested divorce, the judge may have questions for you before a final decision is rendered. If both of you are present in court, the case can be resolved quickly.
Always show respect—Although divorce can be a painful process, nobody wants to help people who are surly, mean or just downright rude. Try to show respect whenever you are in family court, in the presence of an attorney, a mediator and especially your kids. This will go a long way to putting the past behind so that you can get on with a new life.

Get Legal Advice

Family law attorneys are knowledgeable regarding the laws and an initial consultation may save you a lot of time when you have questions. Even the most amicable divorces can turn ugly when one person decides to dig in their heels regarding one particular point. Emotions run high during this process and a legal professional may be able to help you keep things friendly while working out a solution that meets your needs.

Thinking About Divorce?