Divorce Guide to Nevada

Divorce Guide to Nevada

A woman's guide to getting a divorce in Nevada

NEVADA DIVORCE LAWS:

The Residency Requirement: One of the spouses must have lived in Nevada for at least six weeks prior to filing to divorce.

Grounds: No Fault: Incompatibility; Living separate and apart for one year without cohabitation; or insanity that has existed for at least two years. A witness may need to testify on the ground of insanity, and a finding of insanity does not relieve the responsibility to support the care of the spouse.

Nevada also has a simpler divorce: the summary dissolution of marriage:
The requirements: Living separately for at least one year; incompatibility, no children, or an agreement for the child’s custody and support; the wife is not pregnant; there is no community or joint property, or there is an agreement to divide assets and debts; both waive spousal support, waive rights to hearings and appeals, and both seek a divorce.

Property Division: Nevada is a community property state. Each spouse’s sole and separate property is assigned to that spouse. Property acquired during the marriage, that is by the community, is to be divided equally between the parties, except that the court may make an unequal disposition of community property in such proportions as it deems just, if the court finds a compelling reason to do so (click the following for an expert's overview and key tips on dividing up property and assets through divorce).

Alimony: The court may award alimony to either party as the court deems fair and just. The consideration of rehabilitative maintenance will be made based on whether the spouse who would be expected to pay such alimony obtained better job skills or education during the marriage, and whether the spouse who would receive rehabilitative alimony provided financial support while the other spouse received education or training.

Child custody and child support: As in all states, the sole consideration is “the best interests of the child.” Married parents will have joint custody unless otherwise ordered by the court. Parents may have joint legal custody without having joint physical custody. In deciding custody, Nevada considers, among other things, the level of conflict between the parents; the wishes of the child, if the child is old enough to have the capacity to form an intelligent preference; any history of parental abuse or neglect; the mental and physical health of the parents; the developmental needs of the child (click the following for an overview and list of articles on child custody and child support).

Nevada child-support guidelines set support as a percentage of the noncustodial parent’s income, based on income range and the number of children:

• For one child, 18 percent;
• For two children, 25 percent;
• For three children, 29 percent;
• For four children, 31 percent, and
• For each additional child, an additional 2 percent.

Nevada sets a minimum of $100 a month in child support and a maximum of $930 a month for 2007-2008 (the maximum adjusts each year).

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.