Filing for Divorce in Nevada: 2024 Update

grounds for divorce concept of wedding rings resting on divorce agreement

If you’re considering filing for divorce in Nevada in 2024, it’s important to understand the legal procedures necessary for a successful outcome.

In this blog post, we’ll spotlight divorce law facts, residency requirements, legal grounds for divorce, and other critical details to help you move forward with confidence and clarity.

Nevada divorce laws

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 law 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.

Nevada 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.

Nevada legal grounds for divorce

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. However, the only acceptable reason for a fault-based divorce is proof of the insanity of the other spouse, which must have existed for at least two years prior to filing the petition.

Nevada divorce types

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 divorces, on the other hand, involve disagreements between the parties and may require court intervention to resolve.

Understanding whether your divorce is going to be contested or uncontested will help you make informed decisions about your legal strategy, financial preparation, emotional well-being, and potential avenues for negotiation and settlement

  • Legal strategy: In contested divorces, where spouses disagree on major issues such as child custody, property division, or alimony, a more aggressive and adversarial approach may be necessary. In contrast, uncontested divorces, where spouses agree on most or all issues, can often proceed more smoothly and may require less time and expense.
  • Time and cost considerations: Contested divorces typically take longer to resolve and can be significantly more expensive due to legal fees, court costs, and other expenses associated with litigation. Therefore, you may want to make financial preparations in advance.
  • Emotional preparation: Contested divorces can be particularly stressful and contentious. Therefore, you want to mentally prepare yourself for potential conflicts and disagreements with your spouse, as well as the emotional toll that litigation can take on you and your children.
  • Negotiation and settlement: In uncontested divorces, spouses have the opportunity to negotiate mutually agreeable terms for important issues such as child custody, visitation, and property division outside of court. As such, you may consider the possibility of negotiating a settlement through divorce mediation, potentially avoiding the need for a lengthy and contentious trial.

Nevada divorce steps

With the assistance of a divorce attorney, your divorce in 2024 will proceed more smoothly and efficiently compared to attempting to handle everything yourself.

To begin the divorce process in Nevada, key steps must be taken in a specific order:

1. Get the initial divorce papers ready. You will 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.

2. Complete 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..

3. Move forward with your 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.

Divorce Lawyers in Nevada

Smith Legal Group will help you navigate the divorce process successfully with the right preparation and guidance. Contact our Henderson, NV office at 702-410-5001 to request a free consultation to better understand the legal grounds for divorce, residency requirements, and other critical details.

Disclaimer: The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog post should be construed as legal advice. No reader of this post should act or refrain from acting on the basis of any information included in this blog post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.