MaritalLaws
Nevada
Divorce Law Guide
Nevada Divorce Guide :: Table of Contents
Nevada Divorce Overview
The facts about divorce in Nevada
Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.
In Nevada, a divorce can be completed on average in a minimum of 42 days, with court fees of $289.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Nevada for a minimum of one months.
On this page, you can learn about Nevada's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Nevada alimony calculation, the property division process and more.
Nevada Divorce Court Considerations Table
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Nevada Divorce Law Summary
to divorce in Nevada, residency pre requisites must be met for the court to acknowledge the case. Divorce from the obligations of marriage might be gotten by confirmed grievance filed with the local court of any district if the spouse lived a month and a half in the State before suit was brought.
The Complaint for Divorce must announce the suitable Nevada grounds after that the divorce is being looked for. The divorce grounds are as per the following:
No Fault: 1. When the husband and wife have lived separate and apart for one year without cohabitation, the court may, in its discretion, grant an absolute decree of divorce at the suit of either party. 2. Incompatibility.
Fault: 1. Insanity was existing for two years before the commencement of the action. Upon this cause of action the court, before granting a divorce shall require corroborative evidence of the insanity of the defendant at that time. (Nevada Statutes - Chapter 125 - Sections: 010)
It is recommended that the person or couple seeking divorce consult a lawyer to make sure that they have the right grounds to file.
Nevada Divorce Guide - Frequently Asked Questions
In state of Nevada a number of factors are taken into account when ending a marriage.
1. Nevada Grounds for Divorce FAQ
- Is Nevada a no-fault divorce state?
- Does Nevada allow at-fault divorces?
- Does the state of Nevada allow incompatibility as grounds for divorce?
- Can you get a divorce in Nevada for living separate and apart?
2. Nevada Divorce Process FAQ
- Does state of Nevada allow legal separation?
- What's the difference between a divorce and an annulment?
- How long do I have to live in in the state of Nevada to get a divorce?
- What is the filing fee for a divorce in Nevada?
- How long does it take to get a divorce in Nevada?
3. Nevada General Divorce FAQ
1. Nevada Grounds for Divorce FAQ
Is Nevada a no-fault divorce state?
Nevada allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Nevada may be "irreconcilable differences", or similar grounds.
Does Nevada allow at-fault divorces?
In addition to no-fault grounds for divorce, Nevada is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of Nevada's at-fault divorce grounds, such as adultery, abuse, or insanity.
In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.
Does the state of Nevada allow incompatibility as grounds for divorce?
Yes, Nevada does allow incompatibility to be used as grounds for having a divorce.
Can you get a divorce in Nevada for living separate and apart?
In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.
In Nevada, married couples who have been living separate and apart for a minimum of twelve months may be granted a divorce on these grounds when sued for by either spouse.
2. Nevada Divorce Process FAQ
Does state of Nevada allow legal separation?
Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.
Nevada does not grant judicial separation orders to married couples who wishes to live separately, so a divorce petition should be pursued instead.
What's the difference between a divorce and an annulment in Nevada?
While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.
Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.
How long do I have to live in in the state of Nevada to get a divorce?
The state of Nevada requires that spouses suing for divorce to have lived in the state for a minimum of one months prior to filing divorce papers. Otherwise, Nevada courts are not considered to have jurisdiction over the divorce case.
What is the filing fee for a divorce in Nevada?
The court fees for filing the paperwork for a basic divorce in a Nevada court is $289.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
How long does it take to get a divorce in Nevada?
If the process moves along without holdups, the paperwork for a divorce in Nevada can be processed in a minimum of 42 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.
3. Nevada General Divorce FAQ
Can my spouse stop me from getting a divorce?
Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Nevada. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.
Nevada permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Nevada.
Does Nevada have any limitations on remarriage after a divorce?
Nevada has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.
What is the divorce rate in Nevada?
According to the most recent CDC study, the yearly divorce rate in Nevada is 12 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.
Does Nevada recognize same sex divorces?
Since same-sex marriage was legalized nationwide in 2015, all states that previously did not allow same sex marriages, including Nevada, are required by federal law to perform both same sex marriages and same sex divorces. In some cases, court forms or procedures may still need to be updated to support same sex couples.