As with any divorce case, some basic criteria must be available for Nevada courts to hear the case. For instance, one of those conditions is residency. This determines the period in which one must reside in the state to file the divorce.
Therefore, for Nevada, the party applying for divorce must be a resident in the state for at least 6 weeks before filing for divorce and intend to stay there indefinitely. Furthermore, you need to provide an affidavit of proof that the person is indeed a resident of Nevada. This prevents forum shopping and allows there to be equality.
Besides residency, the party must also meet the grounds for a Nevada divorce case. Nevada is considered a “no-fault” divorce state, which means the person seeking a divorce does not have to prove that anyone is at fault or the reason for the marriage breakdown. It is sufficient that the person wanting the divorce claims the couple is no longer compatible. Irreconcilable differences are one of the reasons that couples utilize to file for divorce. Furthermore, several other grounds for divorce are not as common.
What Does the Divorce Process Look Like in Nevada?
All states have certain processes and procedures that must be followed to file for divorce properly. Similarly, when looking at the divorce process in Nevada, there are predominantly two methods of the divorce process.
First is the filing of the case. For example, if both spouses agree on the terms in their case, they can complete the filing by a “joint petition for divorce.” These divorces are usually approved quickly, and the parties do not have to have a hearing with a judge.
However, if you plan to file alone or separately, this process can take longer since the couple cannot agree on the terms. The court will provide an opportunity for both sides to share their story. In terms of the paperwork, a complaint needs to be filed, and then there is time for the opposition party to respond to the allegations with an answer to the complaint.
What is the Duration of a Divorce Case in Nevada?
The duration of a divorce case vastly varies on the type of issues presented. Since all cases are unique, there is no direct answer to them. It depends on the divorce case and the terms of your divorce. The majority of the time, if the couple agrees with the terms of the divorce, the process will be a lot quicker. However, if there is a conflict between the couple and they cannot agree on the terms, the case can drag on for several months.
What are Some Issues that are Decided in Nevada Divorce?
Many challenging decisions have to be made before a divorce is finalized. Some of these choices include:
- Child Support;
- Marital Property;
- Child Custody and Visitation;
- Alimony or Spousal Support; and
- Marital Property and Debt.
Judges prefer when couples can agree on these terms, and the process would be much simpler and more efficient. However, courts know there will be conflicts when dealing with these issues. Therefore, if you cannot agree, the judge will decide for you.
For instance, if you and your spouse have children under 18, your divorce will include orders regarding legal custody, physical custody, visitation, child support, and insurance for the children. If parents cannot agree on visitation schedules and custody arrangements, the families must adhere to the court order. The court encourages the parties to negotiate child custody issues, including specific times for weekly time sharing, holidays, summer vacations, etc. Keep in mind that the agreement must be in writing and notarized.
Furthermore, marital property is also another big issue. Nevada is known as a “community property” state. This means that while you are married, all property and debts you and your spouse acquired are equally yours. During a divorce, community property, and community debt are equally divided.
Property and debts that are divided during a divorce include the following:
- Bank accounts;
- Household items and furniture;
- Pensions and retirement accounts;
- Houses and mortgages;
- A business owned by a spouse;
- Tax Debts;
- Credit card balances; and
- Car loans.
Moreover, the court wants the couple to come to an agreement with a division of property and debts. But, this agreement must be in writing and notarized. If it meets the state’s requirements regarding property, then the court will finalize it. The judge will examine the documents and determine if they satisfy the requirements of the state of Nevada.
Who can Obtain a Divorce in Nevada?
For a person to obtain a divorce in Nevada, they must meet the residency and the grounds element for a valid claim. For example, any married person can file for a divorce in Nevada if they live there and have been a resident for 6 weeks or more.
Furthermore, the party must not have immediate plans to move out of Nevada. For a party to prove this, they may have a witness or sign an affidavit. For child custody issues to be filed in Nevada, the child must have resided in the state for six months before filing the divorce case.
How does the Court Divide Marital Property in Nevada?
According to the Nevada Bar, courts divide marital property based on community property, described briefly above. For this type of property divided, each party obtains their separate property.
Separate property means the property that a party possessed before the marriage received through a gift or inheritance or obtained due to an award or settlement for personal injury damages. The court may grant one party back their separate property that had been invested in community property, such as a down payment, so long as it can be identified.
Are Prenuptial Agreements Enforceable in Nevada?
It depends on the prenuptial agreement. It may or may not be upheld in Nevada. According to the Nevada State Bar, certain strict standards need to be met to satisfy a prenuptial agreement. Therefore, having a professional legal counsel advise you on this document is better. More resources are available on how to draft this document on the local county government website and what information is required to start one.
When Do I Need to Contact a Lawyer?
If you reside in the state of Nevada and are experiencing issues with divorce, do not hesitate to contact a local Las Vegas divorce lawyer in your area to assist you with the process. Divorce has several complex elements that need to be examined further.
Especially if you have children involved in the process, it can become emotionally draining and stressful. Marital property is another big issue that needs addressing in divorce cases. These are all issues that typically require the assistance of an attorney to resolve.
Depending on how your state divides property, you can understand what will happen to your marital property. Seeking professional legal help on the divorce procedures will be useful for your case and determine your success in the case. Your attorney can provide you with the information and representation needed for you and your family. Lastly, if there are any changes to the law, your lawyer can keep you up to date so your rights are protected.
