When spouses no longer get along and they would be better away from each other than together, they decide to initiate a divorce. Divorces are legal judgments to terminate a marriage.
While this can be a freeing experience for two souls that don’t feel happy together anymore, it can be a long and challenging process.
Divorce proceedings often involve deciding upon alimony payments, community property division, and many other legal matters.
But in certain states, such as Nevada, laws may differ compared to other states. So, if you are getting a divorce in Nevada, here are 11 key things you should know.
- 1 1. Different Types of Divorce Processes
- 2 2. You Can File for Divorce if You Meet Certain Requirements
- 3 3. Marital Property Division
- 4 4. Hiring a Lawyer May Be Necessary
- 5 5. Proceedings Are Usually Public
- 6 6. Proceedings May Take Months
- 7 7. Price Varies Depending on the Case
- 8 8. Child Custody and Support Is Determined Based on the Child’s Best Interest
- 9 9. Nevada Has No Statutory Formula for Spousal Support
- 10 10. Separation Agreements Can Be Signed
- 11 11. You Can Give One of Three Divorce Reasons
1. Different Types of Divorce Processes
When you live in Nevada and want to apply for a divorce, there are two different proceedings: formal and summary. After any dissolution is granted by the court, the marriage is over.
Formal proceedings are used when there is usually a contested problem like a community property division or alimony, or when a spouse is not cooperating.
Summary or joint petitions, on the other hand, happen when both parties want to split and don’t need a judge for parental rights or asset allocation.
2. You Can File for Divorce if You Meet Certain Requirements
Any of the spouses can apply for a divorce in Nevada if they were in the state for at least 6 weeks. Proof of residency may be required, like a driver’s license or another type of identification document issued by the state.
3. Marital Property Division
Since Nevada is a community property state, the property acquired during the marriage usually includes real estate, goods, and money.
In general, if there is no prenuptial agreement, the assets will be divided 50/50 between the spouses.
4. Hiring a Lawyer May Be Necessary
If you are going to get a divorce, getting a lawyer may be a great option, especially if you are going through a formal divorce.
However, even if both spouses agree to get divorced, things can be tricky when assets and children are in the middle, which is why hiring a lawyer is something you must consider.
In large cities such as Las Vegas, it’s quite easy to find a great family law attorney. Las Vegas is a very big and popular city with a lot of law firms and lawyers.
So, if you are dealing with any family legal issues, you can rest assured that you will get the professional help you need.
5. Proceedings Are Usually Public
In general, Nevada divorce proceedings are public. You can, however, ask for private proceedings too, in which case the only people present will be the spouses, attorneys, judge, court officers, and family members or witnesses where necessary. If there is good cause shown, even witnesses and family members will be excluded.
6. Proceedings May Take Months
In Nevada, a divorce may take between a few weeks and a few months to be finalized. This is usually influenced by the agreement of the spouses regarding assets, the age of the children, the type of split, the complexity of the marital estate, and the caseload of the court.
7. Price Varies Depending on the Case
When you decide to get divorced in Nevada, the price you will have to pay depends on multiple factors.
For example, what influences the price may include potential custody issues, the complexity of the financial assets of both parties, whether there is a contestation of the split, and whether one party has to find a spouse that is missing.
Usually, the filing fee is $300, and there may be some extra attorney fees too.
8. Child Custody and Support Is Determined Based on the Child’s Best Interest
Things are always trickier when you have children. In Nevada, the well-being of the child will be taken into account when determining custody.
That being said, the support is decided based on a fixed percentage from the gross monthly income of the non-custodial parent.
Usually, the minimum payment is $100 per month per child, while the maximum is over $1,000 per month per child.
9. Nevada Has No Statutory Formula for Spousal Support
Alimony or spousal support has no statutory formula in the state, but the court determines it based on several factors.
These may be the marriage’s length, amount of property each spouse owns, each spouse’s earning capacity, and how possible it is for the spouse to train or educate himself/herself to be able to boost the earning capacity.
10. Separation Agreements Can Be Signed
If spouses agreed to problems like property division or alimony, signing a “separation agreement” is possible. This allows the parties to negotiate and sign it either before or after filing for divorce.
The agreement will then become a legally binding contract if the court grants the dissolution.
11. You Can Give One of Three Divorce Reasons
In Nevada, a “no-fault” policy applies. Therefore, you need to give one of three reasons for divorce: that the spouses have lived separately for at least a year, that they are incompatible, or that one of them has been legally insane for 2 years before the other spouse filing for divorce proceedings.
So, this is how divorce proceedings happen in Nevada. Keep these things in mind if you want to apply for a divorce as they can help you prepare for the entire process.