What You Need To Know About Nevada Divorce Law

By Lila Barry


It is always advisable to hire an experienced Nevada divorce attorney to guide you through the whole process of dissolving your marriage. Divorcing a partner is a complex and lengthy process. The paperwork, mediation processes and court proceedings may all be new to you, so it is important that you hire a reliable attorney who will give you useful advice.

Dissolution of marriage falls under chapter 125 of civil or private law. The requirements and grounds for dissolution are also outlined in the chapter. Out of court settlements are accepted under this law. Where there is no agreement, the court will be forced to determine the case. The former is always a good idea because both parties will be satisfied.

Generally, there are three grounds for dissolution of marriage in Nevada. The first is incompatibility. Two people cannot continue living together as husband and wife if they are not compatible, so the law considers this a justified reason for divorcing a spouse. Insanity is also a good reason. The last legal ground for divorcing a spouse is long period of separation without cohabitation.

In order to seek dissolution of marriage in the state of Nevada, one or both of the spouses must have resided in the state for more than 6 weeks. The case can be filed in the district court in the county where the couple resides, where they last cohabited or where the reason for divorce arose. It is important to hire an attorney who is licensed by the bar association of Nevada to practice within its jurisdiction.

The division of property is always a big challenge in divorce cases. Normally, both parties feel entitled to more assets than the other. If a settlement is not reached, the district court will divide the property equally between the two partners. As a community property state, both parties get equal share of the community assets and liabilities when the marriage is dissolved. However, the court may also choose to divide the property unequally if there are strong grounds to do so.

The issue of child custody is a complex one. Courts normally consider numerous factors when determining who will get custody of the minors. The best interest of the child must be considered before a decision is made. Where the parents are in good terms, joint custody may be granted. The judge must consider the nature of the relationship between the parties as well as the physical and mental state of each parent. Where the minor is intelligent or old enough to make such an important decision, the court many give strong consideration to his or her preferences.

One of the thorniest issues involving dissolution of marriage is spousal support. Nobody wants to pay alimony, but it may be necessary if the court orders it. After determining the amount of money that must be paid, the partner paying alimony will be required to honor the terms. The payments can be regular or on-off. Whatever the case, a review may be considered where circumstances have changed.

The name of the wife is normally changed after a Nevada divorce case has been concluded. She will be required to take up the name she used before her marriage. All her legal documents will also be altered so as to effect the name change.




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