Divorce Laws in Nevada
Even when it is amicable, divorce can be one of the most emotionally difficult experiences you will ever face. It’s important that you have a knowledgeable guide through the legal thicket of the divorce process. When you or a loved one is in need of a divorce lawyer serving Las Vegas, contact the family attorneys at Smith Legal Group. Our lawyers have provided legal representation and advice to thousands of clients in Nevada, and we will always fight hard to protect your rights.
Every state in the U.S. has its own laws regarding divorce, and Nevada is no exception. Here are the basic facts you should know about getting a divorce in Nevada:
- Nevada is a “no-fault” divorce state. This means that you do not need to show proof of any wrongdoing by either party in your marriage, such as abuse or infidelity, in order to obtain a divorce. Even if one party does not wish to be divorced, the other party can still successfully obtain a divorce.
- In Nevada, there are three possible grounds for divorce: incompatibility, having lived separately for at least 12 months, and incurable insanity existing for at least two years before divorce is sought.
- The property of both spouses—which includes both incomes earned by both parties as well as anything that was bought using that income—is considered to be mutually owned. Therefore, the property will be divided equitably between the two parties at the time of divorce.
- Alimony may or may not be awarded. If the judge involved in the case decides that it is necessary, one spouse will be ordered to pay alimony to the other.
- At the time of divorce, either spouse has the option to change his or her name back to a name that said Party had prior to the divorce, if desired. A court order is required if one parent wishes to change a child’s last name against the wishes of the other parent.
- A Divorce will not be considered final until all of the issues regarding the two parties’ property and responsibilities have been settled. This means that all decisions must be made regarding the married couple’s property and finances, child custody, child support, and any alimony that is to be paid by one party to the other.
- In order to obtain a divorce within the state of Nevada, one or both parties must have resided in the state for at least the previous six weeks before filing.