What is the divorce process in Nevada?


Terminating a marriage can be a trying and emotional time. It is important that you secure the counsel of an experienced divorce attorney to ensure that your rights are protected. Divorce can affect your ability to visit your children, the ownership of your property, and your right to receive support from your spouse. The divorce attorneys at Las Vegas Defense Group, L.L.C., can help ensure that your rights are protected during this difficult time.

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What causes for divorce are recognized by Nevada Law?

Nevada law recognizes three primary reasons for divorce:

  1. The insanity of a spouse for a period of at least 2 years before the divorce;

  2. Separate habitation of the spouses for a period of at least a year; or

  3. The incompatibility of the spouses.

What is the process for filing for divorce in Nevada?

The spouse seeking the divorce must file a complaint for divorce with the district court of the Nevada county where either:

  • the cause for divorce occurred;

  • the spouse seeking the divorce resides;

  • the other spouse resides; or

  • the couple last lived together.

After the divorce proceeding begins, the judge may consider the relative financial circumstances of the spouses and require that one spouse pay for the financial support of the other spouse and the couple's children. The judge may also require a spouse to provide financial support sufficient to allow the other spouse to continue the divorce proceeding.

There is no jury in a divorce proceeding. Rather, the judge determines all questions of law and fact. The judge may grant either spouse a divorce it appears to the judge that grounds for divorce exist.

Once the court has granted the divorce, that decision is final and the marriage is fully and completely dissolved.

Are these formal divorce procedures always required in Nevada?

No. A marriage may be dissolved by summary divorce proceedings in Nevada if ALL of the following conditions are met:

  • The spouses intend for the court to grant a decree of divorce;

  • The spouses have lived apart for 1 year without cohabitation or are incompatible;

  • The spouses have no minor children born before or during the marriage or adopted by the spouses during the marriage and the wife is not pregnant. Or, if there are children involved, the spouses have agreed to a custody and support arrangement;

  • There is no community or joint property, or the spouses have agreed to the division of their shared property;

  • The parties waive rights to spousal support or have agreed to a specified amount and manner of support; and

  • The parties waive their rights to a more formal divorce proceeding.

Nevada summary divorce procedures require only that a married couple submit a joint petition stating that the above conditions are met and that certain jurisdictional and residential requirements are met. Once the petition is submitted and approved by the court, the marriage will be considered terminated under Nevada law.

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What happens to the property of a married couple upon divorce in Nevada?

During a Nevada divorce proceeding a spouse may offer a settlement agreement concerning the property rights of the spouses. If the offer is accepted by the other spouse, and the court approves the offer, property will be divided according to the agreement.

If a spouse rejects a reasonable offer made in good faith ... and then fails to obtain a more favorable judgement regarding the property rights than they would have received by the terms of the offer ... the Nevada court may order any or all of the following:

  • Order the spouse who rejected the offer to pay the other spouse's court costs;

  • Order the spouse who rejected the offer to pay the other spouse's attorney's fees; and/or

  • Prohibit the spouse who rejected the offer from receiving attorney's fees from the other spouse.

If the spouses do not reach an agreement regarding the division of property, the property acquired during the marriage will be divided according to Nevada statutory law.

How is marital property divided in Nevada?

Nevada is a community property state. Community property generally requires property acquired during the marriage to be held as communal property unless it is acquired by gift, devise, or inheritance. Each spouse has an equal interest in the community property, and it will generally be split equally between the spouses.

Note that each spouse's separate property ... which includes the property each spouse had prior to marriage ... remains separate property both throughout the marriage and upon divorce in Nevada.

Why should I hire a Nevada divorce attorney?

No matter how mutual the decision to get a divorce may be, divorces are contentious legal proceedings. When emotions run high, it is important to have the guidance of an experienced Nevada divorce lawyer. The Las Vegas Defense Group, L.L.C., attorneys at 702-DEFENSE (702-333-3673) will ensure that your parental and property rights are adequately protected during this difficult time.

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