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Nevada Divorce Laws

Las Vegas has various divorce laws that may apply to your case, which include the following:

Residency Requirements

You or your spouse must be a resident of Nevada for at least six weeks to be eligible for divorce. You may need to have a relative sign an affidavit proving that you are a resident. There is one exception to the residency requirements: if the cause of divorce occurred in Nevada while you and your spouse were both living there.

According to NRS 125.020, you can file for divorce in the district court of any county that:

• The cause of the divorce occurred
• You live
• The defendant resides or may be found
• You and your spouse both lived

Uncontested Vs. Contested Divorce

You can take two routes for a Las Vegas divorce: contested or uncontested. Filing for an uncontested divorce is the best way to ensure a smooth divorce process.

Uncontested means that you and your spouse agree on the terms of your divorce, such as property division, child custody, alimony, and child support. When you and your spouse agree on these terms, you can both file for divorce jointly.

If you and your spouse cannot agree on the terms of your divorce, you could file for a contested divorce, which is a much longer process.

Grounds for Divorce

Nevada is a “no-fault” state for divorce, meaning you don’t need a reason to get a divorce. However, there are specific legal causes under NRS 125.010 that could lead to your divorce, which include the following:

• Insanity existing for two years prior to the commencement of the action
• You and your spouse have lived separate and apart for one year
• incompatibility

What is Decided in a Las Vegas Divorce?

Your final divorce decree will include decisions on the following terms:

Property Division

Nevada is a community property state. This means any assets acquired during your marriage will be split 50/50 between you and your spouse. However, if you and your spouse created a prenuptial agreement stating how you’d like property to be divided in divorce, this could override community property laws.

Child Custody

According to NRS 125C.001, it is state policy in Nevada to ensure that minor children have a relationship with their parents after separation and encourage parents to share rights and responsibilities to children. It’s important to note that both parents automatically have joint custody of their children until otherwise ordered by the court.

Joint legal custody means that both parents have the right to make decisions for the child. This could include decisions regarding their medical care, schooling, and more. Joint physical custody involves parents sharing the time they physically spend with their children.

Child Support

Many factors outlined in Nevada’s child support guidelines determine the amount of child support one spouse owes to another. A lot depends on the type of custody agreement you have and how much the children spend with each parent. If a child spends most of their time with the mother, the father may be forced to pay more support. Other factors, such as both parent’s income, costs of childcare, and educational expenses, can influence support payments.

Alimony

Alimony is financial support that one spouse provides to the other after the divorce is final. Calculating the amount of alimony you or your spouse could receive is hard. However, here are the factors that influence the judge’s decision:

• The length of marriage and lifestyle shared by each spouse
• The age, health, career, and earning ability of each spouse
• Each spouse’s financial needs and ability to pay support.

In some cases, a judge may order “rehabilitative alimony” so that you or your spouse can get the education and job training required to increase your ability to earn more income.

Filing Jointly

If you are filing jointly, you must go through the following steps:

• Complete the Paperwork – You and your spouse must complete a cover sheet, confidential information sheet, affidavit of resident witness, joint petition for divorce, and decree of divorce. You are not legally divorced until the judge signs the final divorce decree.
• File the Paperwork – After completing your paperwork, you and your spouse must file it with the district court in your county. Expect to pay a fee for filing.
• Submit the Decree to the Judge – You must submit a copy of all your paperwork to the judge and an original copy of your Decree of Divorce. If the documents are completed correctly, the judge will sign your decree.

Filing Separately

Filing for divorce separately includes the following steps:

• Completing the Paperwork – To file separately, you will complete the cover sheet, a summons that informs your spouse you’re filing for divorce, and a complaint for divorce stating the divorce terms.
• Filing Your Paperwork – Like an uncontested divorce, you will pay a fee to file your paperwork with the district court in your county.
• Serving Your Spouse – Once you’ve filed all your paperwork with the court, you must serve a copy of your summons and complaint to your spouse. You should note that the court does not do this for you.
• Your Spouse’s Response – After receiving the divorce complaint, your ex has the opportunity to respond with an answer and counterclaim.
• Attending Court Hearings – If your ex challenges your divorce complaint, the judge may hold a hearing to address and resolve any issues.
• Trial – If you and your spouse continue to disagree on the terms of your divorce, you will proceed to trial. At trial, a judge will hear both parties and make a final decision.

How Do You Serve the Defendant?

Since the court doesn’t serve your divorce paperwork for you, it’s on you to ensure the documents are given to your ex. In Nevada, you have 120 days after you file the complaint to serve your spouse. These documents must be hand-delivered by someone who’s not a party in the case and not concerned with the outcome. After you serve your spouse, you must file an Affidavit of Service to inform the judge that the other party is aware of the divorce.