Nevada Divorce Laws
Either the plaintiff or the defendant must meet the residency requirements for a divorce in Nevada. The Complaint for Divorce may be filed in the district court of the county where either party resides or in the county where the couple last cohabitated. The final document is called the Decree of Divorce. The grounds for divorce in the state of Nevada are: incompatibility; a situation in which the parties have been living separately for a certain period of time and consider the marriage irretrievably broken; or legal insanity of one spouse for a certain length of time.
Either party may also file for a legal separation based upon the aforementioned divorce grounds, or if the plaintiff has been deserted by the defendant for a specific amount of time. Upon the finalization of the divorce, either party may request that their name be restored to a former name, such as a wife returning to her maiden name.
Nevada Divorce Laws & Property
Nevada is one of the few community property states. This means that if the parties cannot agree on how to divide their property, the marital property is divided equally in half by the court. If the court makes an unequal distribution of property, it must have a compelling reason supported by documentation. In some cases, property that was originally separate property but was turned into community or joint tenancy property may be awarded to the original owner or may be divided between the two spouses. The court will consider why the separate property was turned into joint tenancy and the value of the property.
Nevada Divorce Laws & Alimony
Alimony may be awarded to either spouse as a lump sum, temporary payments, or periodic payments. In addition to financial support, the court may award portions of separate property as spousal support. The court considers the financial resources of both parties and whether the spouse seeking support has the ability to support him or herself through employment or whether they will need support while seeking job training or education.
Also taken into consideration are the roles that both spouses had during the marriage and whether one spouse put their own career or earning potential on hold for the good of the family. If at any time during the duration of alimony there is a significant change in income for the supporting spouse, there can be a review by the court and changes made to the alimony agreement. Alimony payments will usually stop if either party dies or if the supported party remarries.
Nevada Divorce Laws & Child Custody
The court will consider what is in the best interest of the child and will not discriminate based upon gender. Physical child custody is defined by where the child lives, and legal custody is the rights of the parents to decide major aspects of the child’s life such as education and religion. When the court decides custody, factors considered by the court include:
the wishes of the child if the child is mature enough to express an opinion
the relationship of the child to each parent
the ability of both parents to foster the relationship of the child with the other parent
the ability of each parent to cooperate with the other parent
the social, emotional, and physical health of the child
the adjustment of the child to their home, school, and community, and how custody will affect those relationships
the physical and mental health of the parents
the relationships of the child with siblings or other family members; and any history or suspicion of violence or abuse.
Nevada Divorce Laws & Child Support
Nevada will calculate child support based upon the percentage of income formula. The court will determine the gross income of the non-custodial parent and then calculate their financial responsibility to the child. They will also consider the income sources of the custodial parent and whether it is more beneficial to the child for the parent to not work outside the home. In some cases, separate property awarded to either spouse may be granted as a form of child support.
When adjusting the amount of child support, other considerations include: any costs associated with child care or health insurance; the age of the child and any special physical, educational, or developmental needs; whether the child has any income of their own, including public assistance; the values of services provided by the parents; any transportation costs if the custodial parent moved out of the original jurisdiction where the divorce occurred; other financial responsibilities of the parents such as other children or elderly parents; and the amount of time that the child spends with each parent.
