Is Nevada a "No-Fault" Divorce State?

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In terms of divorce, Nevada is purely a no-fault state. A no-fault divorce does not require the spouse seeking the divorce to accuse the other spouse of any wrongdoing. The first can simply state that the two no longer get along. Before the implementation of no-fault divorce, one spouse was required to prove that the other spouse was at fault for the demise of the marriage.

Generally, no-fault divorces are granted in situations of:

  • Incompatibility;
  • Irreconcilable differences;
  • Irretrievable breakdown of a marriage; or
  • Showing that the spouses have been separated for a minimum of 12 months.

Keep in mind, however, that fault can still be considered when determining property divisions or awarding alimony.

Residency Requirement in Nevada

In the state of Nevada, a minimum of one spouse must be a resident of Nevada for at least six weeks before filing for divorce. One reason for a residency requirement is to ensure that the divorce is wanted by at least one spouse.

Division of Property in Nevada

Nevada is a community property state. In community property states, any income earned by either spouse during the marriage and any and all property purchased with those earnings, are considered to be marital property. This property is owned equally by both spouses. Therefore, at the time of divorce, the property will be divided equally between the spouses.

Child Custody in Nevada

As in all states, Nevada courts will begin the process of determining child custody with the presumption that it is best for a child to have regular and consistent contact with both parents after a divorce. This means that judges will encourage and support joint custody arrangements as much as possible.

Child Support in Nevada

No matter what the end result is regarding custody, both parents are expected and required to support their children. Generally, the amount of child support will depend on a variety of different factors. Some of the factors include:

  • Each parent's income;
  • Each parent's additional resources; and
  • How much time each parent spends with the child.

Should You Contact a Nevada Family Law Attorney?

Each couple is different and each situation is comprised of its own facts and circumstances. It is imperative that you work with a family law attorney who understands that a divorce proceeding is not the same for each couple. The attorneys at Las Vegas Defense Group understand this and realize that this can be a very difficult time in a person's life.

When deciding on the right family law attorney, it is best to work with someone who is knowledgeable about the law but is also sensitive to the situation and the needs of your family. The attorneys at Las Vegas Defense Group have helped many clients through their divorce and other family law matters.

Often times, a divorce is not just between two people. There may be children or other parties involved. Children are often confused and hurt when dealing with parents who are getting a divorce. Your children's needs are important. The right attorney will work hard to meet the needs of you and your children. Call us at 702-DEFENSE (702-333-3673) for a FREE consultation.

Also see our article on separate maintenance in Nevada.


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