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Divorce Residency Essentials to Get Divorce in Nevada

The divorce may be filed in the county:

• Where either spouse resides;
• Where the spouses last lived together;
• Where the cause of the divorce took place; or
• Where the plaintiff resided for six weeks immediately prior to filing for divorce.

One of the spouses must have been a resident of Nevada for at least six weeks prior to filing for divorce, unless the cause for the divorce took place in the county in Nevada where the spouses actually lived at the time of the happening of the cause. [Nevada Revised Statutes; Chapter 125, Section 020].

Reasons for Divorce in Nevada

There are mainly two reasons of divorce in Nevada those are fault and general.In order to file for divorce in Nevada, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.

No-fault reasons fordivorce in Nevadainclude:

• Incompatibility or
• Living separate and apart without cohabitation for one year. [Nevada Revised Statutes; Chapter 125, Section 010].

General reasons fordivorce in Nevadainclude:

• Insanity which existed for at least two years before filing for the divorce. [Nevada Revised Statutes; Chapter 125, Section 010].

Custody of the Children in Nevada

Joint or sole custody is awarded based on the best interests of the child and upon the following factors:

• The preference of the child, if the child is of sufficient age and capacity;
• The wishes of the parents [no preference is to be given because of parent’s sex];
• Whether either parent has committed domestic violence; and
• Other relevant factors.

There is a presumption of joint custody if both parents have signed an agreement for joint custody or both agree to joint custody in open court. There is also a presump­tion that it is not in the best interests of a child to have custody awarded to a parent who has committed domestic violence. [Nevada Revised Statutes; Chapter 125, Sections 480 and 490].

Property Distribution in Nevada

Nevada is a “community property” state. The spouses retain all of their separate property, acquired prior to the marriage or by gift or inheritance. The court will divide all of the spouse’s community property and all of the property held jointly by the spouses, including any military retirement benefits. Marital fault is not mentioned as a factor. Either spouse’s property is also then subject to distribu­tion for alimony or child support. Separate property which one spouse contributed to purchase or improve community property may be returned to the contributing spouse. [Nevada Revised Statutes; Chapter 125, Section 150 and 210].

Nevada Spousal Support Guidelines

Unless there is a premarital agreement otherwise, either spouse may be awarded alimony, without regard to marital fault. The alimony may be a lump-sum or peri­odic payments. [Nevada Revised Statutes; Chapter 125, Section 150].

Nevada Child Support Guidelines

Temporary (during the divorce proceeding) and permanent child support may be granted. There are official Child Support percentages contained in Nevada Revised Statutes; Chapter 125B, Section 070. These guidelines are presumed to be correct unless there is a showing that the needs of the child would not be met under the particular circumstances in a case. Factors for deviation from the guideline percentages are:

• The cost of health insurance;
• The cost of childcare;
• Any special educational needs of the child;
• The age of the child;
• The responsibility of the parents for the support of others;
• The value of services contributed by the parents;
• Any public aid paid to the child;
• Any pregnancy expenses;
• Any visita­tion travel expenses;
• The amount of time the child spends with each parent;
• The relative income of each parent; and
• Any other necessary expenses. [Nevada Revised Statutes; Chapter 125, Section 230 and Chapter 125B, Section 070, 080, and 090].

Divorce Mediation

Nevada has no requirements pertaining to mediation in divorce.