Residency Requirements Prior to Filing
To file for a divorce in Nevada, either party must be a resident of the state for at least 6 weeks prior to filing. If the spouses meet this criterion, then the divorce petition can be filed with the district court in the county where a) either party currently resides; b) where the cause that led to the divorce occurred; or c) where the parties last lived together.
Legal Grounds for Divorce in Nevada
The following are the acceptable grounds for divorce spouses can cite when petitioning the court for divorce:
- Living apart and separate for one year
- Insanity existing for two years prior to filing the divorce petition
Property Distribution Laws
Nevada is a community property state, which means that if the parties can’t reach a mutual agreement on how to divide their property, then the court will divide the assets equally.
Alimony may be awarded to either spouse in Nevada depending on their current income, need for support, and other factors.
How Child Custody is Determined in Nevada
In Nevada, child custody is based solely on the best interest of the child. Parties may be granted joint custody in the event that no negative factors, such as abuse, are present. Preference must not be given to either parent because of the sex of the parent. Instead, other things are considered, including the wishes of the child and the relationship between the parent and child.
Hiring a Nevada Divorce Lawyer
All of these rules and regulations can be difficult to understand. Even when couples agree to file for divorce, at any moment, arguments can ensue over property division or child custody. It is important to have a legal professional on your side that you can trust will protect your rights.
Every party seeking or being served with dissolution of marriage papers in the state has a right to work with a Nevada divorce lawyer in order to ensure the case runs as quickly and smoothly as possible. Divorce attorneys have experience in family law matters and will make sure your rights are protected.