If you’re divorcing in Nevada and are currently going through the process, chances are, life has treated you better before. And knowing exactly where to turn or what steps to take to protect yourself, your kids and your finances can be incredibly challenging – and confusing. That’s why the first call you should make should be to an experienced, expert Nevada divorce attorney.
Your attorney is your best source to guide you through the legal process while ensuring your rights are protected and fighting for your best interests. If you’re new to the divorce process, there are a few things you should know about getting a divorce in Nevada. Of course, your attorney will explain each of these in detail during your initial consultation.
Divorce and “Fault” in Nevada
While fault and blame might be something that aided to the dissolution of your marriage, the term, “fault” might come up as you learn more about divorce proceedings. That said, understanding fault in terms of divorce in Nevada is relatively easy; in this state, you can file a “no fault” divorce or a “fault” divorce.
The grounds for your no-fault divorce are likely irreconcilable differences, essentially meaning that you and your spouse are incompatible and the marriage has broken down irretrievably. To file a no-fault divorce, both spouses must be living separately for at least one year.
A no-fault divorce also means that divorce proceedings will continue regardless of whether one spouse objects, making it possible for any spouse to leave the marriage of his or her own will.
When divorcing in Nevada, the only grounds for an “at-fault” divorce is insanity. An at-fault divorce means that the “fault” of one spouse must be proven by the other in order for the divorce to progress. In Nevada, this proof of insanity must have existed for at least two years prior to filing the petition for divorce.
Of course, the concept of fault might come up throughout the proceedings, when awarding alimony or determining custody, for example. That said, most divorces in Nevada are no-fault.
Nevada Divorce Residency Requirements
To file for divorce in Nevada, one spouse must be a resident of Nevada, but he or she need only be a legal resident for six weeks prior to filing.
Nevada Divorce Property Division
Nevada is what is called a “community property state.” This means that any income or assets earned or attained during the marriage becomes the property of the marriage – owned equally by both spouses. This community property is then divided up equally between the spouses during the divorce. That said, any prenuptial agreements could complicate this seemingly straightforward law. Your Nevada divorce attorney will help you protect what’s yours in your divorce.
Child Custody in Nevada
Nevada is like all other states in terms of child custody: the courts begin with a presumption that frequent and continuing contact with both parents is best for any child affected by divorce. That said, issues like abuse, abandonment, lifestyle, etc., will definitely be considered in any child custody case. While most judges wish to support join custody arrangements, there are times when sole custody or other arrangements are determined as best for the child.
Child Support in Nevada
Regardless of the custody arrangement, if you are divorcing in Nevada, both parents are required to financially support their children after a divorce. The child support amount will be determined by the parents’ incomes and other resources, along with the time each parent spends caring for the children.
If you’re ready to take the next step in divorce and need an experienced and caring family attorney who knows how to best protect you and your family, give us a call. We’re happy to help you through the process while finding the best solutions for you and your family.