Las Vegas, NV- So, you and your spouse have decided to get a divorce. It wasn’t an easy decision, but your marriage just isn’t going to make it, and you’d like to get the ball rolling on your split. If this is your first divorce, you probably don’t know how the process works in Nevada so we’ll discuss that here.
In order to divorce in Nevada, at least one spouse must live in the state for six weeks of more before filing.
Nevada is a purely “no fault” divorce state, meaning you can’t blame the divorce on mistreatment or wrongdoing on behalf of your spouse. Divorce in the state is based on the grounds that your and your spouse or no longer compatible, and irreconcilable differences have caused a breakdown in the marital relationship with no hope of saving the marriage. Or, your divorce can be based on the fact that you and your spouse have been separated and living apart for at least 12 months.
While fault is not considered when filing for a divorce in Nevada, it is taken into consideration when it comes to dividing marital assets. Nevada is a community property state so courts typically divide marital assets 50/50. However, if the courts find a compelling reason to do so, the court may decide on inequitable distribution of marital assets. But the court must state in writing why the assets were divided in the manner chosen by the court.
Division of assets is an area of the divorce process where the counsel of a Las Vegas divorce attorney would be very helpful. Misconduct on the behalf of one spouse such as infidelity could weight decisions on how to divide property and assets.
On occasion, the courts award alimony or spousal support to a husband or wife, but support isn’t guaranteed. Alimony and spousal support are typically awarded to a spouse who makes significantly less than the other spouse and requires the support to maintain their standard of living. The court may award alimony or spousal support under the condition that the spouse obtains training or an education that will allow them to support themselves in the future.
When it comes to child custody, Nevada is like other states in that the best interest of the child is the primary consideration when determining which parent will get custody. These days, courts prefer joint custody because it allows children to spend equal time with each parent. But joint custody is not an absolute certainty, especially if there are concerns about one spouse’s ability to give a child the care and stable home they need to thrive. If a child is at old enough, the courts will consider their wishes when deciding which parent gets primary custody.
There are many factors that must be considered when determining child custody, spousal support and property division, so it’s best for a couple to meet with a Las Vegas divorce attorney to discuss the details before they begin making demands. Someone with well-versed in Nevada divorce and family law will advocate for your rights and work to obtaining an agreeable settlement that both spouses can live with.