Getting divorce in Nevada
Divorce is always proved to be a stressful process. There are different rules of getting divorce in Nevada .Following are some guidelines to help while getting divorce in Nevada.
- Nevada permits ‘no fault’ divorce. This is based on the incompatibility or living separate for one year. It can also permit ‘fault’ divorces.
- Nevada is a community property type state.
- In Nevada only six week of residency is required to file for the divorce. The person who files for divorce must also present a witness who lives in Nevada and can give evidence that he/ she knows that you or your spouse have lived in Nevada for at least six weeks.
There are three main grounds of divorce.
- Evidence of mentally disturbed behavior of spouse for at least two years to take the divorce action.
- Incompatible differences, which results in zero communication between couple.
- Couple is living apart for a period of more than a year.
Spouse can files a petition for divorce in any counties of Nevada, which fulfill following requirement:
- Where the cause for divorce occurred
- Where the no filing spouse resides
- Where the filing spouse resides
- Where the spouses last lived
In Nevada, there is no waiting period to get divorce. Most documents are reviewed and a divorce is approved within one to two weeks.
Getting divorce in Nevada focuses on following issues:
- Dividing property:
Nevada is a community property state; any property earned during the marriage is treated as being owned by both the spouses. The courts divide the community property equally.
Spouses may have a written agreement that indicates how it should be handled if the marriage terminates. The separation agreement focuses on the ownership of real estate, financial support, dividing property, and issues of custody and parenting time.
Court will generally consider following factors to decide alimony:
- The spouse’s earnings and earning capacities
- Spouse’s age and health
- Married life span.
- Whether a spouse is not working for a long time
- The previous career of the recipient
- Involvement as a homemaker
- Education of the spouses and the time needed for it.
- Assets and liabilities of both
- Needs of the spouses
Alimony or spousal support is not based upon any fault of either of the spouses. A court can order temporary maintenance while the divorce process is going on
Child custody and support:
Court makes the decisions of child custody. Court mostly offers joint custody which is in the best interest of the child. Factors important for custody decisions are:
- The child's wishes
- Wish of parent or guardian of the child
- Bond of child with each parent
- The physical and mental health of the parent
- child's needs
- evidence of domestic violence
A noncustodial parent is generally approved to visitation rights. In Nevada each divorce case is assigned to one judge i.e. court has a "one family, one judge" rule. There are nearly 300 dollars required while getting divorce in Nevada. A court might involve a temporary order for support in case of complaint for divorce.