- Legal EditorHenry Dahut, J.D.
Henry Dahut, J.D.
Attorney - Legal Publisher - Educator
Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Introduction to Divorce Summary
Divorce is a life-changing process.
This summary covers Nevada’s divorce law, beginning with a discussion of the state’s no-fault divorce process.
This process allows couples to dissolve their marriage without needing to prove spousal fault or wrongdoing and without the chaotic drama and stress that accompany proving spousal fault for the marriage breakdown.
Instead, Nevada, like most states today, follows the wisdom of no-fault, no-blame divorce.
The legal topics listed below provide a framework for what to expect from the divorce process and help prepare you for the choices you will need to make:
- Nevada Residency Requirements
- Legal Grounds for Divorce in Nevada
- Distribution of Marital Property in Nevada
- Child Custody and Support in Nevada
- Spousal Support in Nevada
- Legal Separation in Nevada
- Name Change
We start with the residency requirements in Nevada before a spouse can legally file for divorce in the state.
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 court where either party resides, where the cause of the divorce occurred, or where the parties last cohabited.
Legal Grounds for Divorce
No-Fault Divorce
The no-fault divorce system in Nevada simplifies the process of dissolving a marriage by eliminating the need to prove either spouse’s wrongdoing or fault.
In a no-fault divorce, the only grounds required are that the spouses declare their “incompatibility,” meaning they can no longer get along or have lived separately and apart for at least one year without cohabitation.
Legal Separation
In Nevada, legal separation is an alternative to divorce, allowing couples to live apart while remaining legally married. This option is often chosen by couples who wish to separate their finances and responsibilities without completely dissolving their marriage.
Similar to divorce, legal separation in Nevada does not require proving fault. Couples can file for separation based on incompatibility or by their mutual agreement to live apart.
Separation Agreement
Couples can negotiate a separation agreement that details how they will handle their financial and parental responsibilities during the separation period. This agreement can be submitted to the court for approval.
If the couple cannot agree on the terms of their separation, the court may intervene to determine unresolved issues, such as division of property, alimony, and child support.
Property Division
Nevada is a community property, property division state, meaning that if the parties can’t reach a mutual agreement, the court will divide the marital assets and liabilities.
Nevada Law States:
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.
How is community property defined?
Community Property is all property, and income acquired by either spouse during the marriage is presumed to be community property. This includes wages, real estate, vehicles, and the debts incurred during the marriage.
If your state is a community property state, the court will divide the property between the divorcing spouses based on equal shares.
How is separate property defined?
Separate property is all property owned by either spouse before the marriage or acquired as a gift or inheritance during the marriage.
Separate property is not subject to division and remains with the original owner.
Will the court consider what is fair when dividing property?
While the default rule is an equal division of community property, the court may consider an equitable distribution if circumstances warrant it.
This means the court can adjust the division to ensure fairness based on factors like each spouse’s economic circumstances or any former agreements made between the spouses, such as in a prenuptial agreement.
The court will determine the value of all community assets and debts to facilitate an equitable division.
This may involve appraisals or expert evaluations, particularly for complex assets like businesses or retirement accounts.
While Nevada law provides guidelines, the court can make decisions based on the case’s specific circumstances to ensure a just and equitable distribution.
Alimony-Spousal Support
Regarding spousal support, the court may award alimony to either spouse in a specified principal sum or as specified periodic payments.
Factors Considered in Granting Alimony
In Nevada, when determining alimony (spousal support), courts consider various factors to ensure that the support awarded is fair and equitable. Alimony decisions can be highly individualized, and the court’s goal is to balance the needs and abilities of both spouses.
Here are the key factors a Nevada court will consider:
- Financial Condition of Each Spouse
- Duration of the Marriage
- Standard of Living During the Marriage
- Age and Health of Both Spouses
- Career and Educational Contributions
- Education and Training Needs
- Child Custody and Support Responsibilities
Changed Circumstances
Requesting modification to the alimony order
A change of 20 percent or more in the gross monthly income of a spouse ordered to pay alimony shall 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.
Child Custody
The court’s sole consideration in determining custody of a minor child is the best interest of the child. If it appears to the court that joint custody would be in the child’s best interest, the court may grant joint custody to the parties.
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 child’s needs.
- The mental and physical health of the parents.
- The physical, developmental, and emotional needs of the child.
- The nature of the child’s relationship with each parent and the child’s ability to maintain a relationship with any sibling
- The courts highly disfavor one spouse, alienating the other parent from the children.
- 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.
Watch Nevada Divorce Attorney Michael Becker Discuss The Joint Petition For Divorce:
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.
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 childcare.
- 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.
- The relative income of both parents.
Name Change
When filing for divorce, a spouse can request a name change in the divorce petition. This is a common practice for those who wish to revert to their maiden name or a previous legal name.
If the name change request is included in the divorce proceedings, the court can grant it as part of the final divorce decree, which is the legal document authorizing the name change.
In this regard, ask the court clerk to supply you with multiple certified copies of the divorce decree to submit to government agencies and organizations if requested.
Once the divorce is finalized and the name change is granted, the individual can use the divorce decree to update their name with various agencies and institutions, such as the Social Security Administration, Department of Motor Vehicles, banks, and other entities.
Divorce and Post-Divorce Wellness Tips
Nevada Child Support Enforcement Services
Child Support Enforcement Program
1470 College Parkway
Carson City, Nevada 89706-7924
Nevada’s Family Law Courts
The District Court has jurisdiction over family matters. Nevada’s 17 county courts are divided into 11 Judicial Districts, each presided over by 82 judges.
Sources and References
State of Nevada Self DIYS Divorce Center
Cornell Law Information Institute – Divorce
