Nevada Divorce Information and
FAQ
The State of Nevada permits divorces to be granted on several grounds:
Incompatibility; living separate and apart for one year without
cohabitation; and insanity of a party which existed for at least two years
prior to filing for divorce. NRS 125.010
Residency requirements At least one of the parties to the divorce
action must have resided in Nevada for at least six weeks prior to the
filing of the action, or the cause of the divorce must have arose in the
county in Nevada where the parties actually lived at the time of the
happening of the cause.
The divorce action may be filed in any county where: the cause for
divorce arose; where the defendant resides or may be found; where the
plaintiff resides, or; where the parties last cohabited. NRS 125.020
Name of court and title of action/parties An action for divorce is
filed in District Court. The action initiating the divorce is called a
Complaint for Divorce, while the title of the action granting the divorce
is called the Decree of Divorce. The filing party is referred to as the
Plaintiff, and the other party to the action is referred to as the
Defendant. NRS 125.020 Legal separation If there exists grounds for a
divorce, or if a party has been deserted by the other spouse for a period
of ninety days, that party may file an action for separate maintenance and
support for himself and any children of the marriage. NRS 125.190
Simplified divorce procedure A summary proceeding for divorce may be
commenced by the filing of a joint petition if;
1. Either party meets the jurisdictional requirements of Nevada;
2. The parties have lived separate and apart for one year without
cohabitation or they are incompatible;
3. The parties have no minor children and the wife is not pregnant; or
the parties have executed an agreement which covers all issues of custody
and support;
4. There is no community or joint property/debts of the marriage, or
the parties have executed an agreement which sets forth the terms of the
division of any community property/debts;
5. The parties waive any rights to alimony, or the parties have
executed an agreement which sets forth the terms of any such alimony;
6. The parties waive their rights to written notice of entry of the
Decree of Divorce, to appeal, to request Findings of Fact and Conclusions
of Law, and to move for a new trial, and;
7. The parties desire that the court enter a decree of divorce. NRS
125.181
Mediation There are no requirements in Nevada for mediation. Alimony In
granting a divorce, the courts in Nevada may award alimony to either party
in lump sum or in periodic payments as the court deems equitable and just.
Factors the court will consider in granting alimony include:
1. Whether the payor spouse has obtained greater job skills or
education during the marriage; 2. Whether the payee spouse provided
financial support to the payor spouse while the payor obtained job skills
or education.
The order to pay alimony to a spouse terminates upon the death of
either spouse or the remarriage of the spouse receiving alimony. NRS
125.150
Distribution of property Nevada is a community property state in which
the court will divide all property of the marriage equally, unless the
court finds a compelling reason to not do so. The reasons for not equally
dividing the community property must be in writing. NRS 125.150 Child
Custody In determining the custody of a child of the marriage, the best
interests of the child is the court's sole consideration. There is a
presumption that joint custody would be in the best interests of the
child. Among the factors the court will consider in determining the best
interests of the child are:
1. The wishes of the child; 2. The wishes of the parents; 3. Whether
either parent has engaged in acts of domestic violence against the child,
other parent, or any other person residing with the child..
Preference shall not be given to either parent in making custody
determinations based upon the sex of the parties. NRS 125.480
Child support Nevada has established child support guidelines which are
presumed to be the correct amount of child support due unless there is a
showing that the needs of the child would not be met by the application of
the guidelines. In such cases the court shall set forth the reasons for
deviating from the guidelines and include in its ruling the amount that
would have been awarded under the guidelines. The following factors shall
be considered by the court when adjusting the amount of support: 1. The
cost of health insurance (every support order must include provisions for
health insurance of the child); 2. The cost of child care; 3. Special
educational needs of the child; 4. The age of the child; 5. The
responsibility of the parents for the support of others; 6. The value of
services contributed by either parent; 7. Any public assistance paid to
support the child; 8. Any reasonable expense relating to the mother's
pregnancy; 9. The cost of transportation relating to visitation; 10. The
amount of time the child spends with each parent; 11. Necessary expenses
for the child's benefit; 12. The relative income of each parent. NRS
125B.080
Name change The court may change the name of the wife to any former
name she may have borne upon the granting of a divorce. NRS 125.130 Access
to records relating to the child Access to records and other information
relating to the child shall not be denied to a parent solely because that
parent is not the child's custodial parent. NRS 125.520
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