A divorce is a legal procedure that ends, or dissolves, a marriage between two spouses. Once their divorce is finalized, the parties may remarry if they choose to.
The laws that govern divorces are divorce laws. Divorce decrees are final rulings from courts that provide judgments and orders that make the ending of the marriage legal and official.
Divorce decrees outline the duties and rights of each of the parties in relation to their divorce and provide them with instructions regarding the division of their property and child custody, if necessary. The divorce process is not completed until the divorce decree is issued.
Therefore, a spouse’s status as either married or divorced will not change until the divorce decree is entered. During divorce proceedings, there are many different areas of the lives of the parties that may be affected, including:
- Debt
- Property possession
- Taxes
- Employment benefits
- Other legal rights
Divorce decrees often address numerous issues, including:
- Division of property between the parties;
- Spousal support or alimony;
- Issues related to children, if applicable, including:
- custody;
- support; and
- visitation; and
- The financial obligations of each party, for example, if debts are to be paid by one or more parties.
What Should You Know About Divorce in Nevada?
To file for a divorce in Nevada, at least one of the spouses must be a Nevada resident for a minimum of 6 weeks prior to filing. To begin the divorce process, one of the spouses must file a Complaint for Divorce.
In the complaint, they must state the proper grounds for ending the marriage, either fault or no fault. There are 3 proper grounds for divorce in the State of Nevada, including:
- Living separate and apart from one another for 1 year without cohabitating;
- Incompatibility; and
- Insanity existing for 2 years before filing.
In addition to the required legal basis for the divorce, the Complaint for Divorce should also address any other issues that are involved in the divorce, such as:
- Property division
- Child custody
- Child support
- Alimony.
What Is the Difference Between Divorce and Separation in Nevada?
If the parties enter into a legal separation agreement, it will function like a divorce but it does not end the marriage. This means that the parties are still legally married and not free to remarry.
Similar to a divorce, separation agreements may be used to resolve issues related to the marriage, including:
- Property division
- Child custody
- Child support
- Alimony.
Spouses may choose to enter into a legal separation instead of a divorce if they want to separate. However, they have personal or religious reasons for not wanting to terminate their marriage. If the legal separation agreement is accepted by a court, it is legally binding and, therefore, may be enforced in court.
In general, a court will accept a legal separation agreement if both parties agree to it in writing and it appears to be fair.
What Paperwork Do You Need to File for Divorce?
To begin the divorce process, as noted above, an individual should file a Complaint for Divorce in the proper local Nevada court. A different complaint should be filed in Nevada if the spouses have children.
This Complaint for Divorce with Children will help to establish custody. All of the required forms for a divorce can be found on the website of the Nevada Supreme Court.
What is Community Property vs. Separate Property?
Nevada is a community property state. All of the property that the spouses obtain during a marriage in the state is presumed to be shared by them and will be divided equally unless they come to a different agreement.
This does not include the separate property of the spouses, which includes property acquired before the marriage, by inheritance, or as a gift. It is important to know that separate property may become community property by placing the other spouse on the property title.
What Should You Do if There Are Children Involved?
As part of a divorce involving children, the Nevada court will issue a child custody order and parenting plan detailing the parental rights and obligations related to the marital children. Child custody may be very complex and stressful issues to resolve.
If an individual has any concerns regarding child custody, they should consult with an attorney. Regardless of which spouse retains custody after a separation or divorce, both parents are responsible for supporting the children of the marriage.
The court will, at a minimum, order the non-custodial parent to make child support payments.
Do You Need to Pay Alimony?
When a court orders a divorce, it may order one of the spouses to make temporary spousal maintenance payments, also called alimony payments. The court may impose these payments if it finds that they are fair based on several factors, including:
- The length of the marriage
- The income of the individual spouses
- Who has custody of the children
- Other factors.
It is important to note that spousal maintenance payments will terminate if the spouse receiving the payments remarries.
What Are Some Post Divorce Legal Issues?
Once an individual’s divorce is finalized, there may still be some lingering legal issues. A divorce may be the beginning of life-long changes that may take time to resolve fully.
Examples of post-divorce legal issues may include:
- Spousal support modification;
- Moving to a different state;
- Unresolved property issues;
- Issues that are associated with estate planning, such as wills; and
- Remarriage, as the legal effects of remarriage may include:
- child support;
- child visitation; and
- inheritance through a will.
There are also new issues that may arise after a divorce. For example, the parties may need to review their legal options if new information surfaces following the divorce, such as information about joint business ventures.
As was previously noted, property distribution may pose another issue following a divorce. In general, property owned separately by one of the spouses will be retained by them at the end of the divorce process.
In the alternative, property that the spouses jointly acquired during their marriage will, in general, be considered shared property and will typically be split 50-50 between them. Property inherited from a will, family heirlooms, and property acquired through a trust will typically be considered separate property.
The marital home, other jointly-owned property, and any income earned during the marriage will typically be classified as shared marital property. When determining how to distribute the property, the court will consider numerous factors, such as:
- Whether the spouses signed a prenuptial agreement or a postnuptial agreement;
- How long the marriage lasted; and
- The financial background of each individual spouse.
It is also important to be aware that any alimony or child support payments that the court ordered may be modified if either of the parties experiences a material change in circumstances, for example, a job loss.
Where Can You Find the Right Divorce Lawyer?
Going through a divorce may be one of the most emotionally charged experiences of your lifetime. It may also involve complicated legal issues related to property division, child custody, child support, spousal support, and others.
During this challenging process, it is essential to have the assistance of a Nevada divorce lawyer who can ensure your rights are protected and help you navigate the legal process.
