Nevada has the top highest divorce rate in the country that is 6.8% per 1,000 of the population. In Nevada, there exists both no-fault and fault grounds for divorce. A petition can be requested on the basis of either no-fault or fault divorce grounds but an evidence must also be provided, else the divorce case will be not put for further consideration.
In Nevada annulment is not a difficult process, however it is not preferred over divorce. Divorce may be the preferred form of final dissolution of marriage relationship.
For any complexities in the divorce process, lawyers and attorneys in the state should be referred for dissolution. They are available to guide you towards the lawful ending of the marriage relationship.
Divorce Grounds in Nevada
The Nevada State declares divorce, if one of the below mentioned divorce grounds are found with appropriate evidence:
No-Fault Divorce Grounds in Nevada:
There are two no-fault divorce grounds in Nevada, which are:
Living Separate and Apart for 1 Year without Cohabitation:
When the spouses are living separately for a period of 1 year or more without cohabitation, the divorce courts grant divorce if either of the spouses petitions for a divorce decree under this divorce ground in Nevada.
When the spouses are reached to a situation where there are irreconcilable differences, both the spouses can claim divorce on incompatibility divorce ground in Nevada.
Fault Divorce Grounds in Nevada:
The only fault divorce ground in Nevada is:
Insanity Existing for 2 Years Prior to the Commencement of the Action:
According to the divorce law of Nevada, the petitioner shall furnish corroborative evidence against the defendant’s insanity for a period of two years prior to filing of the petition. The court shall then grant divorce under this fault divorce ground in Nevada.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Nevada.
Nevada Divorce Laws
Nevada has following divorce laws:
Under Nevada divorce laws, residency requirements must be met before filing a divorce petition. Nevada court can dismiss the case if it does not fall under its jurisdictions. Divorce from the bonds of marriage can be obtained by verified complaint to the court of any district:
- In which the cause accrued
- In which the parties resides or can be located
- In which the applicant resides
- In which the applicant last shared
Documents Required for Filing Divorce
According to Nevada divorce laws, following are the most important documents required to initiate and finalize any divorce case:
- Complaint for Divorce
- Final Decree of Divorce
Distribution of Property
Nevada is a “Community Property” state. According to it all sorts of property that was bought during the marriage is subjected to distribution. The divorce court shall decide the distribution if both the spouses are unable to reach to a conclusion.
Change of Name or Restoration of Name
Upon a request, either party can restore its name to former name, after the divorce court has granted the divorce.
Under Nevada divorce laws, the court can delay the case proceedings up to sixty days and can ask the spouses to get appropriate counseling. Mediation is ordered if one of the spouses doesn’t accept that there has been a severe or significant breakdown of the marriage.
Nevada courts may order temporary alimony during case proceeding if it feels it is suitable. The court has the power to award maintenance, for both or anyone, for an unspecified period or a limited period.
When a minor child is involved, the court will do everything in its power to help the child overcome this distress. If the parties cannot come to any conclusion for child custody, the court will establish the custody order at its own discretion. In determining custody of a minor child the court sees the best interest of the child.
Under Nevada divorce laws, divorce courts use the Percentage of Income method for calculating the support responsibility as a percentage of the net income of the non-custodial parent who is required to support the child. This Percentage of Income method simply applies a percentage to the monthly income of the custodial-parent according to the number of children who require support.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.
Nevada Annulment Laws
Annulment and divorce are means to one end that is dissolution of a marriage. An annulment is the court’s declaration that the marriage never existed or it is void. It is a legal process to nullify a marriage. Nevada annulment laws say that, both the parties have the right to remarry after getting an annulment. To get an annulment in Nevada, one has to prove any of the following annulment ground set by the Nevada annulment laws:
If your spouse was already married when s/he married you, your marriage won’t be recognized by the marriage laws of Nevada. It is bigamy and according to Nevada annulment laws, it is a valid annulment ground.
The term consanguinity means ‘related by blood’. Nevada annulment laws explain consanguinity as a marriage between close blood relations like, father/daughter, mother/son, sister/brother, uncle/niece or aunt/nephew etc. These marriages are considered illegal by Nevada marriage laws.
If you have entered into a marriage, before the marriageable age fixed by Nevada marriage laws, without court’s order or the consent of parents, you can get annulment under Nevada annulment laws.
Insanity is a state in which a person looses his/her senses. If your spouse is insane or has a mental illness, you can obtain annulment in Nevada.
If you have been cheated into a marriage, you can file for annulment according to Nevada annulment laws.
Addiction of Drugs
If your spouse is into habitual intoxication of drugs or liquor like opium, cocaine or morphine, you can get annulment under Nevada annulment laws.
Nevada Divorce Laws-Frequently Asked Questions
- How long will I be required to reside in Nevada to claim a divorce?
To claim a Nevada divorce, you must be a resident of the state for at least 6 weeks. It is necessary to give the divorce court a proof which will prove your residence in the state. In case of short-term residence, the Nevada divorce laws require to submit your driving license, employment history, utility bills or residential address.
- How long a Nevada divorce takes to process?
As compared to other states, divorce in Nevada takes less time to process. There is no official waiting time for a Nevada divorce which means that in theory, after filing, your divorce could be though in a week (joint petitions only – and fairly optimistic; the courts can be busy!).
- Can husband and wife settle property issue on their own, without any help from the court?
Yes, the Nevada divorce courts allow both of you to settle the property issue without any assistance from the divorce courts.
- What is the amount to be paid for child support?
Spouse having primary child custody is responsible for child support. According to the Nevada divorce laws, the child support amount depends upon the non-custodial spouse’s gross income amount. * 1 child: 18% * 2 children: 25% * 3 children: 29% * 4 children: 31%
- Is there any fixed amount for spousal support (alimony)?
Unlike child support, there is no fixed percentage for spousal support according to Nevada divorce laws. The court considers the earning capacity of a spouse and other sources of income that a spouse have, before deciding spousal support issue.
- What is the cost of a divorce in Nevada?
If you apply for uncontested divorce, it costs around $350 in filing fees for a divorce in Nevada.
- Is there any difference between separation and divorce?
In case of legal separation, the parties live separate and distant, but they remain married. If the separation is for continuous 6 months, then both spouses can claim a divorce.
- Is it compulsory to take C.O.P.E. classes?
No, there is no Nevada divorce law which makes taking of C.O.P.E. classes mandatory.
- What is paternity?
Paternity means fatherhood. In Nevada divorce laws it stands for making a biological father a legal one.