Nevada Divorce Laws
If there is one state in America associated with quick marriages and
even quicker divorces, it is Nevada. On the average there are over
120,000 marriages performed every year in Nevada. Most popular are the
drive-though chapels that can be found in Las Vegas.
To get a divorce, you only have to be a resident of Nevada for six
weeks. Nevada was one of the first states to have such lax divorce
laws. An entire industry sprung up around the concept that women or men
could spend a six week vacation in Nevada then file for divorce. They
still qualified even if they weren't married in Nevada or planned to
leave after the six weeks. That six week rule still applies to this day.
Types of Nevada Divorce
The easiest way to dissolve a marriage in Nevada is with an uncontested
divorce. The requirements for an uncontested divorce are if there are
no minor children involved or any babies on the way, if there is no
community property, if the couple has been living in different
residences for up to a year, if they've worked out any support
arrangements and, most importantly, if both spouses want the divorce to
go through.
A contested divorce sets up a legal battle requiring a court trial.
That's when one side of the marriage wants to put up a fight as to the
reasons for the divorce or with issues regarding custody or alimony
payments. These types of divorces are more costly because of the number
of billable hours a divorce lawyer can rack up.
A no-fault divorce can be awarded only when the judge deems that the
couple is completely incompatible or they've lived apart for an
extended period of time. A fault divorce is only granted when one
spouse can prove the other is actually insane and has been for at least
two years.
Nevada Property Distribution
Nevada has deemed itself a communal property state. This means that if
an agreement can't be reached between the spouses, the court with
divide all the property and assets 50/50. This applies only to the
assets obtained during the course of the marriage. A judge can consider
different factors such as if one spouse paid for improvements on a
house or boat.
Nevada Alimony Laws
A Nevada divorce judge can award alimony payments to either spouse. One
of the factors they consider is if the spouse who is going to pay the
alimony actually improved their financial status due to education or
training that happened during the marriage. This matters especially if
the person receiving the alimony was the one who paid for the school or
training. The perfect example is when a wife works to pay for a husband
going to medical school.
Nevada Child Custody Laws
The primary concern with awarding custody in a divorce case is what the
best interests of a child are. To determine that, a judge will consider
what the child wants, where is the better living space for them, how
much disruption will a change of environment cause, how the parents are
getting along and whether or not there has been any record of abuse.