Nevada Divorce Laws 3

In: Nevada

Divorce Law Basics in the State of Nevada

Nevada State Divorce Code (Title 11, Chapter 125) (leg.state.nv.us)

No-Fault Grounds:

  • The parties have lived apart for at least one year without cohabitation
  • Incompatibility

At-Fault Grounds:

  • Proof of insanity existing for two years prior to filing.

Residency: Either party must be a resident of the state for at least 6 weeks prior to filing

Legal Separation Recognized? Yes. A party may seek legal separation if he or she has a cause for divorce or if he or she has been deserted for at least 90 days.

Property Distribution: Nevada is a community property state. You and your spouse may modify the distribution of property by creating a separate agreement; otherwise, the court will distribute the property equally. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party and is at the discretion of the judge.

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Discussion

  • Mel

    My son’s wife had refused to agree to a divorce and to have their real estate divided equally. She then left without leaving any address with anyone. My son then filed for divorce and published in the paper where she had last been known to live, his intent as required by law and asked to be awarded all of the rights to the property. She never responded and the judge granted him the divorce and awarded him all rights to the property. Can she appeal and if so is there a time limit for her to do so?

  • Rick Kane

    My wife and I have been separated for 4 yrs. She is a Italian citizen living their and I’m a retired military member residing in Las Vegas, Nevada for the last 2 yrs. My wife and I agree on everything and this will not be a contested divorce. According to two lawyers I have talked to they say we have to add that my wife will continue to receive survivor benefit plan (SBP) option as a former spouse. Even though the military says this will stop after divorce and if I remarry I can apply it to new spouse. My question is does the state of Nevada law force me to make my wife a former spouse this even though it is terminated at divorce according to the military SBP coordinator?

  • Shan

    my husband went through a divorce in douglas county and somehow his x was able to get an equalization payment granted/awarded through the court. I would understand this if there was moneys or properties to be divided, but there was nothing. He did have a business that did good for 2 maybe 3 years. They were married for about 8 years. The business is no longer and the year before they divorced and the year of divorce the business did not do good. What is this equalization payment, is it legit? Does NV even acknowledge this? The information I see, it sais for CA and Canada. Please help!