To file for divorce in Nevada, at least one spouse must be a Nevada resident for a minimum of 6 weeks. To begin the process, one spouse must file a Complaint for Divorce and state the proper grounds for ending the marriage (either fault or no fault). In Nevada there are 3 proper grounds for divorce:
- Living separate and apart for 1 year without cohabitation.
- Insanity existing for 2 before filing.
In addition to a required legal reason, the Complaint for Divorce should also address any other issues involved in the divorce such as dividing property, child custody, child support, and alimony.
What is the Difference Between Divorce and Separation in Nevada?
A legal separation agreement tends to function a lot like a divorce but it does not end the marriage. Similar to a divorce, a separation agreement can be used to resolve issues such as dividing property, child custody, child support, and alimony. A couple may choose legal separation over divorce if they wish to separate but have personal or religious reasons for not wanting to terminate the marriage. If accepted by the judge, a separation agreement is legally binding and can be enforced in court. Generally, a judge will accept a separation agreement if it is agreed to in writing by both spouses and the agreement appears to be fair.
What Paperwork Do You Need to File for Divorce?
To start the process for a divorce, a Complaint for Divorce in a proper Nevada local court. In Nebraska, a different complaint is filed if the divorcing spouse has children as the Complaint for Divorce with Children will also help establish custody. All required forms for divorce can be found on the Nevada Supreme Court website.
Community Property vs. Separate Property
Nevada is a community property state, which means that all property acquired during the marriage is presumed to be shared by the spouses and will be divided equally unless the spouses come to a different agreement. This does not include separate property, which includes property acquired before the marriage, inheritance, or by gift. It is important to know that separate property can become community property through actions like placing your spouse on the title of the property.
What Should You Do if There are Children Involved?
As part of the divorce the judge will issue a child custody order and parenting plan that will detail the parental rights and obligations over the marital children. Child custody can be very complicated and stressful, so if you have concerns about child custody it is important to talk to a lawyer.
Regardless of who retains custody after a divorce or separation, both parents are responsible for supporting the children of the marriage. At the very minimum, the court will order the non-custodial parent to make child support payments.
Do You Need to Pay Alimony?
When the judge orders a divorce, it is possible that he will order one of the spouses to make temporary spousal maintenance payments or alimony payments. A judge may impose spousal support if he finds that it is fair based on a number of factors including the length of the marriage, the income of the individual spouses, who has custody of the children, etc. Spousal maintenance payments will end if the spouse receiving payments remarries.
Where Can You Find the Right Divorce Lawyer?
Going through a divorce can be an emotionally charged experience and involves complicated legal issues related to property division, child custody, child support, spousal support, etc. If you are looking for an attorney to aid you navigate this process, then contact a local Nevada divorce lawyer today to get the help you need.