Nevada Divorce Law

RESIDENCY REQUIREMENTS AND WHERE TO FILE

To file for a divorce in Nevada, either party must reside in the state for a period of at least 6 weeks before filing. The divorce petition can be filed with the district court of the county where either party resides, where the cause of the divorce occurred, or where the parties last cohabited. [Based on Nevada Revised Statutes 125.020]

LEGAL GROUNDS FOR DIVORCE: The following are grounds for divorce in Nevada:
  • Incompatibility.
  • When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.
  • Insanity existing for 2 years prior to the commencement of the action. [Based on Nevada Revised Statutes 125.005]

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 an action against his spouse for permanent support and maintenance of himself and their children. [Based on Nevada Revised Statutes 125.190]

PROPERTY DISTRIBUTION:

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. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, 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.
  • Any other factor which the court deems relevant in making a just and equitable disposition of that property.

[Based on Nevada Revised Statutes 125.150]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:

In granting a divorce, the court may award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable. The court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate 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. The court shall consider the need to grant alimony to a spouse for the purpose of obtaining 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.
  • Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
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 the payments of alimony. 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 it was otherwise ordered by the court.

[Based on Nevada Revised Statutes 125.150]

SPOUSE'S NAME:

In all suits for divorce, if a divorce is granted, the court may, for just and reasonable cause and by an appropriate order embodied in its decree, change the name of the wife to any former name which she has legally borne. [Based on Nevada Revised Statutes 125.130]

CHILD CUSTODY:

In determining custody of a minor child, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, 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 mother or the father of the child. In determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things:

  • The wishes of the child 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 either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.

The court may award joint legal custody without awarding joint physical custody in a case where the parents have agreed to joint legal custody. [Based on Nevada Revised Statutes 125.480]

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