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May 12, 2015|Divorce

Grounds for Divorce

Essential Facts to Know Before Filing for a Divorce in Nevada

Going through a divorce can be a challenging and emotional process. If you’re considering filing for divorce in Nevada, it’s important to understand the legal grounds and requirements necessary for a successful outcome. At Smith Legal Group, we’re here to help you navigate the process and provide you with the support you need during this difficult time.

Filing for divorce can be an emotionally draining process, and sometimes the legalities of it all can seem overwhelming with so much to manage at once. Here are some essential facts to know when starting out:

  • Nevada is a “no-fault” divorce state. You don’t need to prove any wrongdoing to get a divorce. A divorce can still be obtained successfully even if one party doesn’t want it.
  • In Nevada, divorce can be granted on three grounds: incompatibility, living apart for 12 months, and incurable insanity for at least two years.
  • Both spouses mutually own the property, which includes their incomes and any purchases made with that income. Consequently, the property will be fairly divided between the two parties upon divorce.
  • The decision to award alimony is uncertain. If necessary, the judge involved in the case can order alimony to be paid by one spouse to the other.
  • During divorce, either spouse can choose to revert back to a previous name, if desired. To change a child’s last name against the other parent’s wishes, a court order is necessary.
  • The divorce won’t be final until all matters of property and responsibilities are resolved. The married couple must make decisions about their property, finances, child custody, child support, and alimony.
  • In Nevada, either one or both parties must have been residents for a minimum of six weeks in order to file for divorce.

Are You Eligible for Divorce Under Nevada’s Residency Requirements?

To file for divorce in Nevada, you or your spouse must have lived within the state for at least six weeks before filing the divorce petition. If you meet this requirement, you can file for divorce in the district court in the county where the marriage occurred or where either spouse currently resides.

Are There Legal Grounds for Your Divorce?

So, just what are the grounds for divorce in Nevada? One of the key characteristics of divorce in Nevada is that it operates on a no-fault basis, eliminating the need to establish fault or wrongdoing on the part of your spouse when filing for divorce. Instead, you can simply state that the relationship is irretrievably broken due to irreconcilable differences. In some cases, you may be able to cite other grounds for divorce, such as adultery, abandonment, or cruelty.

Do You Expect Your Divorce to Be Uncontested or Contested?

Divorce cases can be either contested or uncontested. Uncontested divorces are typically simpler and more straightforward, as both parties agree on the terms of the divorce, including property division, child custody, and support. Contested divorce cases, on the other hand, involve disagreements between the parties and may require mediation or court intervention to resolve.

Getting the Initial Divorce Papers Ready

To begin the divorce process in Nevada, you’ll need to file a Petition for Divorce with the district court in the county where you or your spouse resides. This petition will include details about you and your spouse, the grounds for divorce, and any requests for property division, support, or custody arrangements.

Completing the Divorce Filing Process

After filing the initial petition, you will need to serve the divorce papers to your spouse in person or through a process server. Your spouse will then have the opportunity to respond to the petition or file a counter-petition if they disagree with the terms of the divorce.

Moving Forward with Your Nevada Divorce

If your divorce is uncontested, you and your spouse may be able to work out the details of the divorce through mediation or negotiation. If you are unable to reach an agreement, a judge will make the final decisions for you. Either way, you’ll need to submit financial disclosures and attend a hearing to finalize the divorce.

Contact the Smith Legal Group Today for Help with Your Nevada Divorce

Filing for divorce in Nevada can be a complex and emotional process, but with the right preparation and guidance, you can navigate the process successfully. Understanding the legal grounds for divorce, residency requirements, and other critical details can help you move forward with confidence and clarity. At Smith Legal Group, we’re here to support you every step of the way. If you need help with your Nevada divorce, contact us today at 702-410-5001 to schedule a consultation and learn more about our services.

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