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Divorce in Nevada

Divorce in Nevada



Over the past ten years, Nevada’s divorce laws and regulations have experienced significant changes aimed at modernizing family law, promoting fairness, and prioritizing the well-being of individuals navigating divorce proceedings. From property division to child custody, these changes underscore Nevada’s commitment to addressing modern divorce complexities. This article provides an overview of key amendments in Nevada’s divorce laws and regulations from 2013 to 2023, grouped by the year of implementation.

2013: No-Fault Divorce Streamlining

   – Simplification of the process for obtaining a no-fault divorce, reducing procedural complexities.

2014: Property Division Guidelines

   – Adoption of guidelines for equitable distribution of marital property, ensuring a fair allocation of assets.

2015: Child Custody Emphasis

   – Focus on the best interests of the child when determining custody arrangements.

2016: Spousal Support Factors

   – Introduction of factors considered when awarding spousal support, including financial circumstances.

2017: Digital Documentation Acceptance

   – Adoption of digital documentation and electronic filing options to enhance efficiency.

2018: Comprehensive Parenting Plans

   – Emphasis on comprehensive parenting plans outlining custody, visitation, and child support arrangements.

2019: Child Support Review

   – Periodic review and potential adjustment of child support guidelines to reflect economic changes.

2020: Collaborative Divorce Promotion

   – Promotion of collaborative divorce as an alternative dispute resolution method, reducing adversarial processes.

2021: Domestic Violence Protections

   – Strengthening protections for victims of domestic violence during divorce proceedings.

2022: High-Asset Divorce Guidelines

   – Exploration of specialized guidelines for divorces involving complex financial portfolios.

2023: Online Divorce Filing

   – Introduction of online divorce filing options to enhance accessibility and convenience.

Nevada’s commitment to updating its divorce laws reflects its dedication to providing a supportive legal environment for families in transition. By adapting to changing family dynamics and safeguarding the interests of all parties involved, Nevada continues to ensure justice and fairness in its legal processes.

A brief guide to divorce in Nevada

Couples who wish to separate in Nevada should be aware of the following things:

Nevada state divorce laws

To file for divorce in Nevada, you must have been a resident of the state for at least six weeks before filing a petition for divorce.

Grounds for divorce

Aside from no-fault divorces, you may also file for divorce in Nevada if your spouse has been insane for at least two years. A witness may be required to substantiate your claim.

Legal separation

Couples who do not wish to divorce but want to separate can apply for legal separation. This will provide them with legally binding documentation that sets the terms of child support, alimony and other financial considerations. If the person who has a legal separation filed against them does not agree but does not answer within 20 days, the separation will be automatically granted. Anyone who has been abandoned for 90 days or longer may also file for legal separation, including support payments for themselves or their children.

Types of divorce

Couples who agree on the terms of their separation can file a joint petition for an uncontested divorce in Nevada. If one party does not consent to the divorce or terms of agreement cannot be reached over alimony, child support and other agreements, they will appear in court as part of contested divorce proceedings.

Couples who agree on every term of separation, share no property, have no children and waive the right of support can apply for a summary divorce. Some couples may submit an affidavit rather than providing oral testimony.

No fault divorce

People who have mutually agreed to separate only need to state that they are incompatible or have been living apart for one year or longer.

Steps in the divorce process

Couples who agree on the terms of their divorce in Nevada can file a joint petition. After your paperwork is processed, the divorce will be finalized one to two weeks after the judge files off on it.

In contested divorces, one spouse files a complaint. The other spouse then has 20 days to respond. A preliminary meeting will establish a timeline for divorce proceedings. Both sides will then enter the discovery process where they share evidence with each other and try to reach an agreement. If no agreement is reached, both parties will apply in the relevant district court, present their case and abide by the decision of the judge.

Spousal support

Couples who do not waive their right to petition for spousal support or are unable to reach an agreement over alimony payments will abide by the decision reached by a judge. Factors taken into consideration by the court include each spouse’s financial health and whether alimony is needed to allow a spouse sufficient time to train or receive education for a job.

Child support

Child support payments in cases of divorce in Nevada are awarded as a straight percentage of the income of the person the court holds responsible for making these payments.

Fathers’ and mothers’ rights

There are no gender-based default decisions issued in Nevada concerning either child support or custody. Each case is decided based on the parties’ claims without respect to their status as a parent.