Nevada Divorce & Separation
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UPDATED: Mar 3, 2020
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Nevada, like each state, has a unique set of laws and rules that govern the separation and divorce processes. It is common to have questions about these details as they apply in Nevada. For instance, what are the requirements for getting a divorce in Nevada? Is mediation a requirement before you can get a Nevada divorce? Are there procedures in place for a simplified or accelerated divorce? What is Nevada law on annulments? Find the answers to your Nevada divorce questions here.
Nevada Legal Separation:
Legal separations are allowed in Nevada when a party has any cause of action for divorce (see “Grounds for Divorce” below), or when a spouse has been deserted by the other for at least 90 days. In this event, there is no need to apply for divorce; the deserted spouse may apply to the court for separate maintenance, also known as spousal support (see the “Spousal Support” section in Nevada Divorce & Finances.
Grounds for Divorce/Fault – No Fault:
Grounds for divorce in Nevada are relatively few and simple: 1) insanity existing for at least two years prior to filing for divorce (corroborative evidence required), 2) spouses living separate and apart for at least one year before filing, and 3) incompatibility.
Residency/Where to File for Divorce
Nevada’s filing requirements for divorces are among the most relaxed in the nation. Either party must have been a resident for six weeks or longer (by the time of filing). The petition can be filed with the district court of the county where either party resides, or where the parties last lived together, or where any of the causes of the divorce may have occurred.
Availability of Simplified or Special Divorce Procedures:
In Nevada, summary divorce requirements are similar to the standards for separate maintenance without a divorce (see “Nevada Legal Separation” above). Either spouse must have been a resident for six weeks, the spouses must be incompatible or otherwise have lived separately and apart for at least one year, and there must be no joint property, children, or contested issues of spousal support involved. All other rights normally afforded to parties seeking non-summary divorce must be waived when seeking a summary decree of divorce.
Oral testimony may not be necessary either, and a divorce by default by affidavit may be submitted. In this case, the affidavit eliminates the need for oral testimony; as such, it should include all the relevant information the testimony would have included: statement that all residency requirements have been met, that all information in the petition is correct and factual and directly within that person’s knowledge, and lastly that the person signing the affidavit is fit to testify under the law. Other requirements for filing include a Civil Cover Sheet and Verification of Pleadings. Find a Nevada divorce attorney with the help of the links below, or refer to Nevada Divorce Laws & Resourcesfor a link to all the forms and filing requirements you need.
Nevada Divorce/Child Support/Child Custody Lawyers:
Find an experienced Nevada Divorce Attorney at AttorneyPages.com
Find an experienced Nevada Child Support/Custody Lawyer or Custody Lawyer at AttorneyPages.com
How a Family Lawyer Can Help
Divorce Mediation in Nevada:
A mediation session might be called if there are issues (e.g. – spousal support, custody, property and financial affairs) that could be resolved and agreed upon amicably through a conference rather than litigation. Examples of such issues might include adjudication of spousal support, child custody, division of property, and other financial affairs.
An annulment is a declaration made by the court that the marriage was never legally valid. Annulment is thus an alternative to ending a marriage via divorce. An annulment will be granted in Nevada in cases of consanguinity between the parties, lack of parental consent for parties under the age of 18 at the time of the marriage contract, bigamy, mental incapacity, force, fraud or duress, or a party’s incapacity to agree to a marriage due to a demonstrated lack of understanding.
Nevada Online Divorce Services:
Nevada Divorce powered by 3 Step Divorce.
LegalZoom.com – An online documentation service that helps users file for divorce.
CompleteCase.com– Offers an affordable way to file for uncontested divorces online.
Nevada Divorce Laws: Click below to find the Nevada Divorce laws you’re looking for:
Nevada Divorce Law, Lawyers & Attorneys
Nevada Divorce & Finances
Nevada Child Custody & Nevada Child Support
Nevada Divorce Laws & Resources