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For residents of Nevada, getting a divorce is legally called a Divorce from the Bonds of Matrimony. In order to file for divorce, at least one party in the marriage has to have lived in the state for six weeks. Once that requirement is met, this is no other waiting period for finalizing the divorce.
The Complaint for Divorce can be filed in any county's district court in the state that meets certain situational requirements set forth by state statutes. It may be filed in the county in which the couple last cohabited, the county in which the plaintiff lives, the county in which the defendant resides, or the county in which the defendant can be found.
Filers who don't have children and who meet certain other requirements can file for a streamlined divorce. This type of divorce has very strict requirements. The couple can't have any children and can't have any points of the divorce that aren't agreed upon. No alimony is awarded in this type of divorce and the couple has to agree on property division matters. There are also other factors that might affect the suitability of this type of divorce.
Nevada is considered a no-fault state for divorce, which means that if spouses say the marriage is beyond the point of reconciliation, they can file for divorce. A divorce can also be granted if the couple has lived apart, or been separated, for at least a year.
Nevada uses the theory of community property to divide the property acquired during a couple's marriage. This means that if the court is left to decide how to divide assets and debts, those items will be divided down the middle, or equally. If a couple doesn't want to do that, the couple can work to come up with a property division agreement to present to the court. The court would then have to approve the petition to divide the property in accordance with the agreement.
Child support in Nevada is based on the non-custodial parent's income. The state has set the minimum child support payment at $100 per month, regardless of parental income. The actual amount of the obligation can be higher based on what is just and equitable for the child. The obligation amount is factored by using the Flat Percentage of Income Model, which considers the parent's actual income and takes a specific percentage from that based on the number of children the support is for. The state does have presumptive maximum monthly amounts set that change annually on July 1.
Child custody in Nevada trends toward co-parenting, meaning both parents play fairly equal roles in the child's life. The needs of the child and the best interests of the child are taken into account when determining a child custody agreement.
Divorcing in Nevada doesn't take as long as getting divorced in some other states; however, the property division, alimony, child custody, and child support matters might be difficult to deal with. Knowing you responsibilities according to the laws, as well as what rights you are afforded, might help you as you move through the process. Seeking the help of an experienced Nevada family law attorney might make the process easier.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified divorce lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local divorce attorney to discuss your specific legal situation.