Couples who wed in Nevada are free to pursue the dissolution of their marriage in any other U.S. state or Washington, D.C. as long as the person filing for divorce (the plaintiff) meets the residency requirement:
Length of Residency Requirement to Divorce
|None (no waiting period)|| |
|6 weeks|| |
|60 days|| |
|90 days|| |
|3 months|| |
|180 days|| |
|6 months|| |
|12 months (1 year)|| |
Note that each state has its own separate divorce laws and grounds for divorce. Nevada is a no-fault divorce state, which puts it in the minority. No-fault divorce states typically do not allow the plaintiff to blame the other spouse for reprehensible behavior. Instead most no-fault states let the plaintiff claim a neutral reason to split up such as:
- irreconcilable differences
- irretrievable breakdown of the marriage
- the spouses have been living apart for a certain time period, such as a 1 year
The following is the full list of no-fault divorce states in the U.S.:
- Washington, D.C.
Note that some of these no-fault states do permit plaintiffs to allege that their spouse is insane. However, the plaintiff would need to back this allegation up with proof.
The other 33 states permit divorce plaintiffs to use no-fault grounds as well. But if they wish, they are allowed to cast blame on the party they are divorcing. Common “fault” grounds include:
- Abuse (mental or physical)
- Addiction to alcohol or drugs
- Adultery (cheating)
- Criminal convictions and/or being in jail
- Fraud or force to obtain the marriage
- Impotence when the parties wed
- Marriage between close relatives
- Mental incapacity when the parties wed
- Mental illness
People considering divorce are encouraged to have legal consultations with attorneys in various states. Since each state has its own laws and property rules, some may be far better to divorce in than others. Even if it means moving temporarily, the benefits can long outlast the inconvenience.
In any state, divorcing couples are generally advised to seek out counseling before deciding on divorce. And if a split is inevitable, they may be able to save a lot of time and money by negotiating a settlement through mediation and then filing for a contested divorce.
Most importantly, each spouse should have a skilled and experienced divorce attorney advocated for his/her best interests. Divorce is a very emotional issue, and a trained lawyer will fight for the spouse’s rights when the spouse him/herself just wants to give up.