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Nevada
Divorce Laws
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RESIDENCY
REQUIREMENTS AND WHERE TO FILE: The divorce may be filed in
the county: (1) where either spouse resides; or (2) where the spouses
last lived together; or (3) where the cause of the divorce took
place; or (4) where the plaintiff resided for 6 weeks immediately
prior to filing for divorce. One of the spouses must have been a
resident of Nevada for at least 6 weeks prior to filing for divorce,
unless the cause for the divorce took place in the county in Nevada
where the spouses actually lived at the time of the happening of
the cause. [Nevada Revised Statutes; Chapter 125; Section 020].
LEGAL
GROUNDS FOR DIVORCE: No-Fault: (1) incompatibility; or (2) living
separate and apart without cohabitation for 1 year. [Nevada Revised
Statutes; Chapter 125; Sections 010]. General: Insanity which existed
for at least 2 years before filing for the divorce. [Nevada Revised
Statutes; Chapter 125; Section 010].
LEGAL
SEPARATION: If a spouse has any of the grounds for divorce or
if he or she has been deserted for over 90 days, a suit for separate
maintenance of his or herself and any children may be filed. In
addition, the spouses may agree to an immediate separation and make
appropriate provisions for spousal and child support. There is no
residency requirement specified in the statute. [Nevada Revised
Statutes; Chapter 125; Section 190].
SIMPLIFIED
OR SPECIAL DIVORCE PROCEDURES: There are two provisions for
summary divorce in Nevada. First, a summary divorce may be granted
if the following conditions are met: (1) either spouse has been
a resident of the state for at least 6 weeks; (2) the spouses are
incompatible or have lived separate and apart without cohabitation
for 1 year; (3) there are no minor children (born or adopted) and
the wife is not pregnant, or the spouses have signed an agreement
specifying the custody and support of the children; (4) there is
no community or joint property or the spouses have signed an agreement
regarding the division of their property and the assumption of their
liabilities and have signed any deeds, titles, or other evidences
of transfer of property; (5) both spouses waive their rights to
spousal support (maintenance) or the spouses have signed an agreement
specifying the amount of spousal support; (6) both spouses waive
(a) their rights to notice of entry of the final decree of divorce,
(b) their rights to appeal the divorce, (c) their rights to request
findings of fact and conclusions of law in the divorce proceeding,
and (d) their rights to a new trial; (7) both spouses want the court
to enter the decree of divorce. A Summary Proceeding for Divorce
is begun by filing a joint petition, signed under oath, together
with an Affidavit of Corroboration of Residency by a witness. In
addition, a spouse may apply for a divorce by default by affidavit.
In such situations, oral testimony will not normally be required.
If there is a marital settlement agreement, it should be identified
in the affidavit and attached to it when filed. The affidavit should
state that: (1) the residency requirements have been met; (2) all
of the information in the petition is correct and true on the personal
knowledge of the person signing the affidavit; (3) that the affidavit
contains only facts that would be admissible into evidence; (4)
give factual support for each allegation in the application; and
(5) establish that the person signing the affidavit is competent
to testify. Each divorce filed must also contain a Civil Cover sheet,
a Verification of Pleadings, a request for submission, and an Affidavit
of Residency. Finally, there are specific provisions authorizing
separation agreements and marital settlement agreements. [Nevada
Revised Statutes; Chapter 123; Sections 020 and 090; and Chapter
125; Sections 181-184].
MEDIATION
OR COUNSELING REQUIREMENTS: There are no legal provisions in
Nevada for divorce mediation.
PROPERTY
DISTRIBUTION: Nevada is a "community property" state. The spouses
retain all of their separate property, acquired prior to the marriage
or by gift or inheritance. The court will divide all of the spouse's
community property and all of the property held jointly by the spouses
on or after July 1, 1979, including any military retirement benefits.
The following factors are considered: (1) the economic circumstances
of each spouse at the time the division of property is to become
effective; (2) how and by whom the property was acquired; (3) the
merits of each spouse; and (4) the burdens imposed upon either spouse
for the benefit of the children. Marital fault is not mentioned
as a factor. Either spouse's property is also then subject to distribution
for alimony or child support. Separate property which one spouse
contributed to purchase or improve community property may be returned
to the contributing spouse. [Nevada Revised Statutes; Chapter 125;
Section 150].
ALIMONY/MAINTENANCE/SPOUSAL
SUPPORT: Unless there is a per-marital agreement otherwise,
either spouse may be awarded alimony, without regard to marital
fault. The alimony may be a lump-sum or periodic payments. The award
of alimony must be just and equitable, and consider (1) the respective
merits of the spouses; (2) the condition in which they will be left
by the divorce; (3) who acquired the property to be used for alimony;
(4) and if there are burdens imposed upon the property for the benefit
of any children. In addition the court shall consider a spouse's
need for alimony for the purpose of obtaining training or education
relating to a job, profession, or career. Other factors which the
court is to consider are: (1) whether the spouse who would pay the
alimony has obtained greater job skills or education during the
marriage; and (2) whether the spouse who would receive alimony provided
financial support while the other spouse obtained job skills or
education. Alimony may be provided for a limited time period for
job training, career testing, and education. [Nevada Revised Statutes;
Chapter 125; Section 150]. SPOUSE'S NAME: For a reasonable cause,
the court will restore the wife's former name. [Nevada Revised Statutes;
Chapter 125; Section 130].
CHILD
CUSTODY: Joint or sole custody is awarded based on the best
interests of the child and upon the following factors: (1) the preference
of the child, if the child is of sufficient age and capacity; (2)
the wishes of the parents. No preference is to be given because
of parent's sex; (3) whether either parent has committed domestic
violence; and (4) other relevant factors. There is a presumption
of joint custody if both parents have signed an agreement for joint
custody or both agree to joint custody in open court. There is also
a presumption that it is not in the best interests of a child to
have custody awarded to a parent who has committed domestic violence.
[Nevada Revised Statutes; Chapter 125; Sections 480 and 490].
CHILD
SUPPORT: Temporary (during the divorce proceeding) and permanent
child support may be granted. There are official Child Support percentages
contained in Nevada Revised Statutes; Chapter 125B, Section 070.
These Guidelines are presumed to be correct unless there is a showing
that the needs of the child would not be met under the particular
circumstances in a case. Factors for deviation from the guideline
percentages are: (1) the cost of health insurance; (2) the cost
of child care; (3) any special educational needs of the child; (4)
the age of the child; (5) the responsibility of the parents for
the support of others; (6) the value of services contributed by
the parents; (7) any public aid paid to the child; (8) any pregnancy
expenses; (9) any visitation travel expenses; (10) the amount of
time the child spends with each parent; (11) the relative income
of each parent; and (12) any other necessary expenses. [Nevada Revised
Statutes; Chapter 125; Section 230 and Chapter 125B, Section 070,
080, and 090].
PREMARITAL
AGREEMENT: The agreement must be in writing and signed by both
parties and is enforceable without consideration. The agreement
is not enforceable if the party proves that (1) the execution of
the agreement was not voluntary; (2) the agreement was unconscionable
when executed; (3) before execution of the agreement the party was
not provided a fair and reasonable disclosure of the property or
financial obligations of the other party, did not waive disclosure
of these obligations, did not have adequate knowledge of these obligations;
(4) a provision modifies or eliminates alimony or support and that
modification causes one party to be eligible for public assistance.
If the marriage is determined to be void, the agreement is only
enforceable to the extent necessary to avoid an inequitable result.
[Nevada Revised Statues; Chapter 123A, Sections 040, 080, and 090].
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