The following information is to provide a basic understanding of the various aspects of Nevada divorce.
for more specific information regarding Nevada divorce laws.
Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.
|Residency Requirements || 6 weeks |
|Where to File ||The divorce may be filed in the county:
- Where the cause for divorce occurred
- Where the defendant resides or may be found
- Where the plaintiff resides
- Where the parties last cohabited
|Grounds for Divorce ||Divorce from the bonds of matrimony may be obtained for any of the following causes:
- When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party
- Insanity existing for 2 years prior to 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, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action to give bond therefor in an amount to be fixed by the court
|Voluntary or required mediation ||No|
|Voluntary or recommended Counseling||Yes|
|Property Distribution ||In granting a divorce, the court shall make an equal disposition of the community property of the parties if possible, except that the court may make an unequal disposition of the community property if it finds a compelling reason to do so.
If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
As used in this subsection, "contribution" includes a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.
- The intention of the parties in placing the property in joint tenancy
- The length of the marriage
- Any other factor which the court deems relevant in making a just and equitable disposition of that property
If it deems it equitable, the court may also set apart a portion of either spouse's property for the other's support or for the support of their children.
|Child Custody ||The sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.|
In determining the best interest of the child, the court shall consider, among other things:
A finding of domestic violence creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child.
- The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to custody
- Any nomination by a parent or a guardian for the child
- Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child
|Child Support ||
Child support in the state of Nevada is calculated by taking a percentage of the non-custodial parent's gross income.|
"Gross monthly income" is defined as "the total amount of income received each month from any source of a person who is not self-employed, or the gross income from any source of a self-employed person, after deduction of all legitimate business expenses, but without deduction for personal income taxes, contributions for retirement benefits, contributions to a pension or for any other personal expenses."
The minimum amount of support that may be awarded by a court in any case is $100 per month per child, unless the court makes a written finding that the obligor is unable to pay the minimum amount. Willful underemployment or unemployment is not a sufficient cause to deviate from the awarding of at least the minimum amount.
|Spousal Support ||Unless the action is contrary to an enforceable premarital agreement between the parties, the court may award alimony to the wife or the husband, in a lump sum or in payments.|
Death or Remarriage.
Alimony automatically ceases upon death of either party, or remarriage of the spouse receiving alimony, unless otherwise ordered by the court.