Tips For Divorce In Nevada

Divorce is the final termination of a marital union. A divorce cancels the legal duties and responsibilities of marriage between the parties. Divorce laws in the state of Nevada require a court order, also known as a Decree of Divorce, for the divorce to be considered final and the marriage dissolved. If you are considering a divorce you may also need to consider spousal support, child support, child custody and visitation and distribution of division of your marital assets and debts. How Do I Get Divorced In Nevada? The first thing the Court will consider when you file for divorce in Nevada is your residency in the State. You must have resided in Nevada for at least 6 weeks before you file or the Court will not take jurisdiction over you case because you do not meet the State's residency requirements for divorce. The Court will grant a divorce if you are incompatible in marriage with your spouse. The Court may, in its discretion grant a divorce if, the parties have lived separate, without cohabitation, for over 1 year. Finally, the Court may grant a divorce if one of the parties is insane and the insanity existed for 2 years after the commencement of the action. A divorce usually begins with one party filing a Complaint for Divorce against the other, or if the parties agree to the divorce, with the parties filing a Joint Petition for Divorce. Depending on whether the parties agree to the divorce, or whether the divorce is contested, there may be additional documents or even a trial before the divorce is finalized. All divorces in Nevada require a Decree of Divorce to be signed by a judge and filed with the court before the divorce is final. How Long Will It Take? Unlike most states, there is not a waiting period before you can get a divorce in the state of Nevada.  A joint (uncontested) divorce can be finalized in 2-3 weeks, once the petition is filed. However, there are no guarantees about how long the process will take and if the divorce is contested, it could take several months, or even years, to finalize. Will A Nevada Court Honor My Separation Agreement or Pre-Nuptial Agreement? The short answer is yes.  Many couples enter into contracts, or written agreements, detailing how matters should be handled if the marriage ends. The agreements can be written before or the marriage or during the marriage. Separation agreements and pre-nups are legally-binding contracts detailing the parties' decisions about ownership and division of  property,  support and, if children are involved, even issues of custody and parenting time. There may be some circumstances where a Court will not enforce such an agreement. Under these circumstances, you should consult with an attorney to discuss the validity and enforceability of such agreements. Can I Get Alimony? The short answer is it depends. Nevada statutes provide that a judge can order alimony, or spousal support, in an amount that the judge deems reasonable, to either party in Nevada. Alimony is not based upon any alleged fault on the part of either the husband or the wife. Instead the Court will consider the following factors in determining whether either party should receive spousal support: (1) the ages and health of the spouses; (2) the relative earnings and earning capacities of each spouse; (3) the length of the marriage; (4) whether one spouse has been out of work or left the work force for a long period of time; (5) the education of the parties and the time required for the person asking for support to acquire sufficient education or training to find appropriate employment; (6) the assets and liabilities of each party; and (7) the needs, including any special needs, of each party. How much spousal support you receive and over what period of time will depend on the Court's consideration of these factors.

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