Nevada Divorce Information & Family Law

Nevada Divorce Information & Family Law

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