Divorce & Family Law Summary
U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted into law, the divorce courts in Nevada have the authority to manage the divorce proceedings, including spousal support and child support payments, custodial rights of parents, and the division of property.
Since state laws are repealed and amended frequently, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues.
Read our expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.
RESIDENCY REQUIREMENTS
To file for a divorce in Nevada, either party must reside in the state for at least six weeks before filing. The divorce petition can be filed with the county’s district court where either party resides, where the cause of the divorce occurred, or where the parties last cohabited.
LEGAL GROUNDS FOR DIVORCE – NO-FAULT
The following are grounds for divorce in Nevada:
- Incompatibility.
- When the husband and wife have lived separately and apart for one year without cohabitation, the court may, at its discretion, grant an absolute decree of divorce at the suit of either party.
- Insanity existed for two years before the commencement of the action.
LEGAL SEPARATION
When a person has any cause of action for divorce or when he has been deserted, and the desertion has continued for 90 days, he may, without applying for a divorce, maintain in the district court action against his spouse for permanent support and maintenance of himself and their children.
PROPERTY DIVISION
Nevada is a community property state, meaning that if the parties can’t reach a mutual agreement, the court will divide the marital assets and liabilities equally. The court shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.
In granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth for the disposition of community property. Suppose a party has made a separate property contribution to acquiring or improving property held in joint tenancy. In that case, the court may provide for the reimbursement of that party for his contribution.
In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
- The intention of the parties in placing the property in joint tenancy;
- The length of the marriage, and (c) Any other factor the court deems relevant in making a just and equitable disposition of that property.
ALIMONY-MAINTENANCE SUPPORT
The court may award alimony to either spouse in a specified principal sum or as specified periodic payments, as appears just and equitable. The court may also set apart a such portion of the husband’s separate property for the wife’s support, the wife’s individual property for the husband’s support, or the separate property of either spouse for the support of their children as is deemed just and equitable.
FACTORS CONSIDERED IN GRANTING ALIMONY
The court shall consider the need to grant alimony to a spouse to obtain training or education relating to a job, career, or profession.
In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
- Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage;
- The spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
CHANGED CIRCUMSTANCES
A change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of alimony payments. In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease unless the court otherwise ordered it.
SPOUSE’S NAME
In all suits for divorce, the court may change the wife’s name to any former name which she has legally borne.
CHILD CUSTODY
In determining custody of a minor child, the court’s sole consideration is the child’s best interest. If it appears to the court that joint custody would be in the child’s best interest, the court may grant custody to the parties jointly. Preference must not be given to either parent for the sole reason that the parent is the child’s mother or father.
In determining the best interest of the child, the court shall consider, but is not limited to, the following:
- The child’s wishes if the child is of sufficient age and capacity to form an intelligent preference as to his custody.
- Any nomination by a parent or a guardian for the child.
- Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the non-custodial parent.
- The level of conflict between the parents.
- The ability of the parents to cooperate to meet the needs of the child.
- The mental and physical health of the parents.
- The physical, developmental, and emotional needs of the child.
- The nature of the relationship of the child with each parent.The ability of the child to maintain a relationship with any sibling.
- Any history of parental abuse or neglect of the child or a sibling of the child.
- Whether a parent has engaged in the act of domestic violence.
NEVADA CHILD SUPPORT LAW
Nevada uses the “Income Percentage” method to determine child support, meaning that the level of support is based on a percentage of the non-custodial parent’s gross income. “Gross monthly income” means the total amount of income received each month from any source of a person who is not self-employed or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses.
A court of this state shall apply the appropriate formula as the presumptive maximum amount per month per child for an obligation for support. Suppose the amount of support deviates from the formula. In that case, the parties must stipulate sufficient facts, which justify the deviation to the court, and the court shall make a written finding thereon.
The court shall consider the following factors when adjusting the amount of support of a child upon specific findings of fact:
- The cost of health insurance;
- The cost of child care;
- Any special educational needs of the child
- The age of the child;
- The legal responsibility of the parents for the support of others;
- The value of services contributed by either parent;
- Any public assistance paid to support the child;
- Any expenses reasonably related to the mother’s pregnancy and confinement
- The amount of time the child spends with each parent
- Any other necessary expenses for the benefit of the child; and
- The relative income of both parents.
