Nevada Divorce
A divorce is a legal order ending a marriage. A Nevada divorce resolves the following:
- The division of marital assets and debts
- Spousal support/alimony
- Child support
- Child custody
- The changing of a spouse’s last name (if desired)
In Las Vegas, spouses may divorce by either filing a complaint for divorce or a joint petition for divorce. The divorce is contested if parties disagree to the terms of their divorce. In a contested divorce, one party may initiate the divorce proceedings by filing a complaint for divorce. Parties can file for divorce together with a joint petition for divorce if they agree to all issues in their divorce.
Who Can Get Divorced in Nevada?
To file for divorce in Nevada, at least one spouse must live in Nevada for at least six weeks before filing for divorce, and intend to remain here indefinitely.
What Are the Grounds for a Nevada Divorce?
Nevada is a “no fault” divorce state. No fault means that the person asking for a divorce does not have to prove that anybody did anything wrong to cause the divorce.
In Las Vegas, a person asking for divorce can simply claim that the parties are incompatible. Incompatible can mean the parties just don’t get along.
Pursuant to Nevada Revised Statute 125.010, valid grounds for divorce are as follows.
- Insanity existing for two years prior to the filing for divorce
- Spouses live separate and apart for one year without cohabiting
- Incompatibility
Contested Divorce
A contested divorce is a divorce where spouses are not in agreement regarding some or all of their issues. In a contested divorce the parties may disagree regarding the following.
● The division of their marital assets and debts
● Spousal support/alimony
● Child support
● Child custody and visitation
In some instances, a divorce may start as contested and parties may later come to an agreement before going to trial. If parties come to an agreement, then the judge will not decide these issues and parties cannot appeal their agreement.
If parties cannot resolve their disagreements, they will have a trial where the judge makes a decision regarding the disputed issues. Parties in a contested divorce may be represented by attorneys. A contested divorce is a costly type of divorce because of the time and resources involved in litigating matters.
Uncontested Divorce
An uncontested divorce is a divorce where one party files and the other does not respond or spouses are in agreement regarding the following:
● The division of their marital assets and debts
● Spousal support/alimony
● Child support
● Child custody and visitation
In an uncontested divorce, one or both parties may be represented by an attorney and one party initiates the divorce proceedings against the other.
Joint Petition Divorce
If parties agree to all matters in a divorce they may file a joint petition for divorce. To do this, both parties must be in agreement in all of the divorce matters including the following.
● Division of their marital assets and debts
● Spousal support/alimony and duration
● Child support
● Child custody and visitation
● Whether a spouse wants to return to their former name
If both spouses agree on all issues they can jointly sign all of the divorce papers. Filing a joint petition may be the most efficient way to divorce. Be aware that persons filing a joint petition give up certain rights. An experienced family law attorney can provide advice regarding potential issues in filing a joint petition for divorce.
The Family Law Self-Help Center provides information for the public regarding joint petitions for divorce.
Separate Maintenance
In some circumstances, spouses may not want to dissolve their marriage, but they may want to do the following.
● Resolve their financial responsibilities towards each other
● Decide on the custody and support of children
In this instance, spouses may opt for a legal separation. A legal separation can address the same issues as a divorce decree. Spouses may choose to not dissolve their marriage for religious reasons or reasons associated with benefits.
Nevada Revised Statute 125.190 provides the following.
● When a person has any cause of action for divorce or when a person has been deserted and the desertion has continued for 90 days, the person may, without applying for a divorce, maintain in the district court an action against his or her spouse for permanent support and maintenance of himself or herself and their children.
Palimony/Cohabitation
Palimony is a term for spousal support/alimony provided for cohabiting couples who are not legally married. It can also refer to a division of property for cohabiting couples after their separation.
Unmarried cohabiting couples may apply community property law to property that was acquired while they were cohabiting. During cohabitation, both partners must have agreed to share their property together as if they were married.
Issues can arise for cohabiting couples who falsely believe they are married.
Same-Sex Marriage
Same-sex marriage is legal in the state of Nevada. The process, rights, and responsibilities are the same for all married couples choosing to divorce in Las Vegas. Separate issues may arise for cohabitants and domestic partners choosing to separate.
Mediation
Mediation is a form of alternative dispute resolution. Alternative dispute resolution is a procedure for settling disputes without litigation or arbitration. Supporters of mediation believe it saves time and money.
In mediation, a neutral third party (the mediator) helps the parties resolve some or all of the issues in dispute. Mediation can help parties resolve child custody issues and/or property disposition.
Mediation is not like litigating in front of a judge. In litigation, the judge hears evidence and makes a decision regarding the resolution of the dispute. In mediation, the mediator does not make a decision. The mediator helps both parties work towards a resolution of their issues. A successful mediation is where parties come to an agreement resolving some or all of their issues.
Property Rights
Nevada is a community property state. This means that in a divorce, the courts will equally divide community property among spouses. The rationale behind community property is that each spouse contributes to the benefit of the community. Thus, each spouse owns an automatic equal (50%) interest in all community property, regardless of who acquired the property.
A spouse may also have separate property, generally property or debt owned before the marriage. Other examples of separate property can include inheritances, personal injury awards, and gifts. Property treatment will depend on the circumstances of the divorce. If you have questions about property you should consult with an experienced family law attorney.
In some instances, spouses may have entered into a premarital agreement providing for the division of property and/or spousal support. A court may or may not uphold a premarital agreement.
Military Retirement Benefits/QDRO
QDRO stands for Qualified Domestic Relations Order. A QDRO orders a retirement plan to pay a spouse (or other payee) their community property share of the plan.
In military-related divorces, retirement benefits may be substantial. An order provides for the division of military retirement benefits. The division of military benefits in a divorce can be complex. An experienced divorce lawyer can advise a military spouse of their rights and benefits in a divorce.
Experienced Las Vegas Divorce Lawyers
An experienced Las Vegas divorce lawyer can help you understand your rights and answer your questions.
A divorce lawyer will do the following.
● Meet with you to discuss your case and how they may assist in resolving your divorce issues.
● Know important deadlines and the applicable rules and laws.
A divorce lawyer cannot tell you the outcome of your case but can tell you what to expect regarding the process for potential resolution. Anthem Divorce Lawyers are an experienced team of family law lawyers. Contact us today for a consultation.