This article discusses the laws and rules related to getting a divorce in Nevada. The same laws apply to registered domestic partners in Nevada, except domestic partners who qualify for a simplified termination proceeding.
Grounds for Divorce
Nevada is a no-fault state, meaning that you may file for divorce based on incompatibility and a statement that you and your spouse do not believe you will reconcile. The court may also grant a divorce if you have lived apart for at least one year and either spouse requests a divorce. There are no fault grounds for divorce in Nevada.
Residency Requirement and Waiting Period
Either spouse must live in Nevada for at least six weeks before you can file a divorce petition. You may file in the district court in the county where either spouse lives. There is no waiting period in Nevada; the judge may enter a final judgment of divorce as soon as the court is available.
Property Division
Nevada is a community property state. Property acquired during the marriage, including your home, income, and personal property is considered community property and will be divided equally by the court. The court will also divide equally any debts acquired during the marriage. However, if you and your spouse agree on how to divide your property you can submit your proposal to the court and avoid leaving it to the judge to decide, and you don't have to divide it exactly equally if you believe a different division is fair. Any property that was acquired before marriage, after the date of separation, or by bequest or inheritance during marriage will remain the separate property of the spouse who acquired it.
Alimony
One spouse may be required to provide alimony to the other after a divorce. The judge will review several factors to determine the amount of an alimony order, such as whether either spouse contributed to the education or job training of the other, whether an alimony award is just and equitable, and whether one spouse needs additional training or education for job purposes. The alimony amount can be modified if the paying spouse's income changes by 20 percent or more. Alimony ends if the receiving spouse remarries or if either spouse dies, unless the court ordered otherwise.
Child Support
Nevada uses state guidelines based on the noncustodial parent's income to determine the monthly child support obligation. In addition to income, the court will look at factors such as health insurance, childcare, educational and medical costs, and may adjust the amount to account for these expenses. The minimum child support amount is $100 per month per child. You can calculate your child support obligation here. The Nevada Division of Welfare and Supportive Services enforces child obligations in the state and can assist parents with opening a new child support case.
Child Custody
The best interest of the child is the court's sole consideration when making child custody determinations. The court will make an order for joint custody to both parents or sole custody to one parent after reviewing factors such as the wishes of the parents and child, the parents' ability to cooperate and parent together, the child's physical, developmental, and emotional needs, and the child's relationship with each parent. The court may also consider how the child has adjusted to home, school, and community since the parents divorced and which parent is more likely to allow frequent contact with the noncustodial parent. To modify a custody order, the parent seeking a modification must show a significant change in circumstances.
