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Grounds for divorce
Residency requirements
Where to file
Summary proceeding for divorce: Conditions
Division of marital property
Child Custody
Spousal Support / Alimony
Name restoration
Divorce from the bonds of matrimony in Nevada may be obtained for any of the following causes:
- Insanity existing for 2 years prior to the commencement of the action. Upon this cause of action the court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such action to give bond therefore in an amount to be fixed by the court.
- When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.
- Incompatibility. (Nevada Revised Statutes, Chapter 125.010)
What is the difference between fault divorce and no-fault divorce?
In order to successfully file for divorce in Nevada you have to satisfy residency requirements. That means that either Petitioner or Respondent have to reside in the State for a
period of not less than 6 weeks preceding the commencement of the action, unless the cause of action accrued within the county while the plaintiff and defendant were actually domiciled
therein. (Nevada Statutes, Chapter 125.020)
Divorce from the bonds of matrimony may be obtained for the causes provided above by verified complaint to the district court of any county:
- In which the cause therefore accrued;
- In which the defendant resides or may be found;
- In which the plaintiff resides;
- In which the parties last cohabited; or
- If plaintiff resided 6 weeks in the State before suit was brought.
A marriage may be dissolved by the summary procedure for divorce set forth in Nevada Revised Statutes 125.181 to 125.184, inclusive, when all of the following conditions exist at the time the proceeding is commenced:
- Either party has met the jurisdictional requirements;
- The husband and wife have lived separate and apart for 1 year without cohabitation or they are incompatible;
- There are no minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage and the wife, to her knowledge, is not pregnant, or the parties have executed an agreement as to the custody of any children and setting forth the amount and manner of their support;
- There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement;
- The parties waive any rights to spousal support or the parties have executed an agreement setting forth the amount and manner of spousal support;
- The parties waive their respective rights to written notice of entry of the decree of divorce, to appeal, to request findings of fact and conclusions of law and to move for a new trial;
- The parties desire that the court enter a decree of divorce. (Nevada Revised Statutes, Chapter 125.181)
Nevada courts favor marital settlement agreements. If the parties to divorce proceeding can not reach an agreement the court will divide community property equally, or as it sees just and proper.
... In granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
- The intention of the parties in placing the property in joint tenancy;
- The length of the marriage; and
- Any other factor which the court deems relevant in making a just and equitable disposition of that property.
As used in this subsection, “contribution” includes, without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.
If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:
- The intention of the parties in placing the property in joint tenancy;
- The length of the marriage; and
- Any other factor which the court deems relevant in making a just and equitable disposition of that property. (Nevada Revised Statutes, Chapter 125.141)
If a court has not made a determination regarding the custody of a child and the parents of the child are married to each other, each parent has joint legal custody of the
child until otherwise ordered by a court of competent jurisdiction. (Nevada Revised Statutes, Chapter 125.465)
Spousal support may be awarded to either spouse. In granting a divorce, the court may award such alimony in a specified principal sum or as specified periodic payments, as appears just and equitable.
Award of spousal support is decided on a case by case basis. In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:
- The financial condition of each spouse;
- The nature and value of the respective property of each spouse;
- The contribution of each spouse to any property held by the spouses;
- The duration of the marriage;
- The income, earning capacity, age and health of each spouse;
- The standard of living during the marriage;
- The career before the marriage of the spouse who would receive the alimony;
- The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;
- The contribution of either spouse as homemaker;
- The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and
- The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse
In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:
- Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and
- Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.
If the court determines that alimony should be awarded pursuant to the provisions of subsection 9:
- The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.
- The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.
- The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:
- Testing of the recipient’s skills relating to a job, career or profession;
- Evaluation of the recipient’s abilities and goals relating to a job, career or profession;
- Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;
- Subsidization of an employer’s costs incurred in training the recipient;
- Assisting the recipient to search for a job; or
- Payment of the costs of tuition, books and fees for:
- The equivalent of a high school diploma;
- College courses which are directly applicable to the recipient’s goals for his career; or
- Courses of training in skills desirable for employment.
(Nevada Revised Statutes, Chapter 125.150)
In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.
Wife’s name may be restored upon motion to the court.
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