Divorce Guide

Divorce Guide


Nevada Divorce Rights


Nevada divorce rights could be exercised by a citizen of Nevada who has been a resident of the state for a minimum period of six weeks before starting the proceedings of the case. Either of the parties should be a resident of the state. The proceedings of the case could be started in the county where the plaintiff resides or in the county where the defendant resides. The case could also be started in a county where the cause of the divorce is considered to have accrued.

There are a number of grounds listed in Nevada divorce rights which could be used by either of the parties to initiate a case for the dissolution of the marriage. Any mutual agreement or the appropriate ground reached between the two parties could be enforced by the court. The court considers this to be the most appropriate ground for seeking the divorce under Nevada divorce rights.

The grounds for seeking the divorce have been divided into two categories under Nevada divorce rights. Spouse seeking a divorce can invoke any of these grounds in the court. These two categories are Fault and No-Fault categories. The scenario wherein husband and wife have been living separately for a continuous period of one year and there is a complete incompatibility between spouses and the court finds that there is no scope of any reconciliation between the two parties, the court considers this to be a No-Fault ground under Nevada divorce rights.

Other grounds which appear frequently before the court in most of the cases are the insanity related grounds. When insanity exists for two years, the court however asks the plaintiff to produce corroborative evidence so as to proceed the divorce settlement.

As has been made clear in the discussion so far, a plaintiff is considered to be a spouse who initiates the divorce case and defendant is considered to be the spouse who infact receives the papers from the court, as per Nevada divorce rights.

Any spouse exercising his rights under the Nevada divorce rights, should approach the district court of the county in which he/she resides or the county where the cause of the divorce occurred. The district court of the county however would require the plaintiff to submit documents like complaint for the divorce and decree of the divorce, marital settlement agreement, certificate of mailing, family court cover sheet, civil cover sheet, before filing the case for the dissolution of the case.

District clerk office is the department which is responsible for managing the paperwork and communicating with the two parties and their lawyers.

Unlike other states of the United States of America, Nevada is the state which follows the principle of community property. This principle is enshrined in Nevada divorce rights also, and any party seeking divorce can make use of this principle.

According to the principle of community property, the property acquired by the couple during the marriage would be distributed equally between the two parties. This distribution will however occur only when the two parties fail to come to an agreement on their own. District courts or county courts of Nevada take utmost care while deciding on the issue of property distribution because many other issues such as spousal support, child custody, child support and maintenance after divorce are resolved on the basis of resources available after divorce.


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