Nevada Divorce

Residency Requirement

Nevada does not have a strict residency requirement. Nevada only requires that one of the spouses live in the state for at least six weeks immediately before filing for a Nevada divorce.

Beginning Your Nevada Divorce Case

First, the petitioning spouse must file with the Nevada divorce court a summons and "complaint" for divorce. Then, this complaint is then served on the responding spouse.

The responding spouse has 20 days to reply. If he/she fails to respond to the complaint, then the court will issue a “default” and give the filing spouse everything he/she requested in the complaint.

The summons and complaint must be filed with the court and served upon the other spouse before the judge signs the “Decree of Dissolution of Marriage” formally ending the marriage and the divorce proceedings. The final step in any Nevada divorce case is when the judge signs the decree. This means that the divorce is legal or finalized.

Dividing the Property

In any Nevada divorce, all property and debts are distributed. Nevada divorce laws provide for an equal distribution of all property acquired during a marriage. Unless the spouses agree to divide the marital property differently, the court will split the property 50/50 between the spouses.

Alimony

In Nevada, the court may award spousal support or alimony to either spouse. A spouse seeking to obtain alimony must specifically request it in the divorce papers. In determining the need, duration and amount of maintenance, the court will consider:

• The faults and merits of each spouses (Nevada is one of only a few states that consider the misconduct of a spouse)
• The financial condition of each spouse after the divorce
• Which spouse actually paid for the property being used for spousal support
• Whether a spouse needs support for the purpose of being trained or receiving an education in order to get a job, career, or profession
• Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage because of the efforts of the spouse requesting alimony

Providing for the Best Interests of the Children

One of the biggest concerns for the any divorce court is the welfare of children involved in divorce cases. Divorce can be overwhelming for anyone, especially minor children. Therefore, the court makes certain to provide for their financial, educational, and emotional needs from the very beginning of any divorce case. The court will even issue a temporary order regarding child custody and support in order to make certain that the children are provided for while the parents deal with the divorce case.

Child Custody

In any Nevada divorce case involving minor children, the court will determine which parent will receive custody of the children. In figuring out who will have custody of the children, the court will consider:

• The wishes of the child if the child is old enough and capable of making an intelligent choice
• Whether either parent or any other person seeking custody has engaged in any act of domestic violence against the child, the parent, or anyone else

Child Support

Both parents have a duty to provide financial support for their minor children. Child support is based on the Nevada Child Support Guidelines. The Nevada divorce court considers the following factors in figuring out the amount and duration of any child support obligation:

• The cost of health insurance
• The cost of child care
• Any special educational needs of the child
• The age of the child
• The legal responsibility of the parents for the support of others, such as elderly parents or other minor children who are not the product of the marriage in question
• The amount of time the child spends with each parent