Family Law - Divorce in Nevada
The divorce lawyers at Las Vegas’ Bush & Levy LLC. represent a wide variety of clients seeking – or fighting against -- divorce, alimony, child custody, child support, spousal support, child visitation, protective orders, and issues of domestic violence. Since Las Vegas is famous as both a wedding location as well as a historically a divorce destination, Vegas divorce lawyers find that many clients need to consider the impact of Nevada law upon their divorce or separation, including:
Nevada’s Residency Requirements -- Establishing Residency for a Nevada Divorce
At least one spouse must be a resident of Nevada for a minimum of six (6) continuous weeks to legally file for a divorce in Nevada. Either the husband or wife can establish residency; however, whoever is the established resident – husband or wife – must provide a witness (who lives in Nevada) that will testify with personal knowledge, and under penalty of perjury, that the established resident has, indeed, lived in Nevada for at least six (6) weeks.
Legal Grounds for a Divorce under Nevada Law
In Nevada, there are three grounds upon which a divorce may be granted. They are:
- Irreconcilable differences
- Insanity for two years prior to the divorce action
- Spouses living separate and apart for more than one year.
Nevada law does not require evidence of adultery or mental cruelty in order to obtain a divorce. A Nevada divorce lawyer can advise clients on what legal grounds apply to their particular situation, e.g., what facts support “irreconcilable differences” or what evidence is needed to show that husband and wife have lived apart for over a year. Divorce lawyers also hear that every spouse is crazy – but to prove insanity, specific evidence, including that of mental health professionals, will be needed.
Have questions about establishing residency or legal grounds for a Nevada divorce? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
How Do You Get a Vegas Divorce?
In Nevada, the process begins when either the husband or wife files a “petition for divorce” in any of the following counties:
- Where the reason for, or cause of the divorce occurred
- Where the non-filing spouse lives, resides, or may be found
- Where the filing spouse resides
- Where the spouses last lived together (cohabited)
How long does it take to get a Nevada divorce?
Unlike most states, there is not a waiting period before you can get a divorce in the state of Nevada. A joint (uncontested) divorce can be finalized in 2-3 weeks, once the petition is filed.
Have questions about filing for divorce in Nevada? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
What about Dividing Up the Property?
Nevada is a community property state. The courts try to divide the community property equally – this is all the property acquired during the marriage. All this is labeled “community property,” and the court treats it as being jointly owned by both husband and wife.
As for separate property, under Nevada law, this is property acquired before the marriage as well as any property acquired by gift or by inheritance. Separate property goes to the spouse who owns it. Separate property includes:
- Assets you had before you married may be considered non-marital or "separate property" if you kept that property separated from property acquired during the marriage
- The income produced by a separate property investment may also be non-marital property, as long as it hasn't been "commingled" - mixed together with marital property
- Property you inherit from your family during your marriage will generally be considered your own separate property if it was willed exclusively to you and you did not commingle it with marital property during the marriage
Are Separation Agreements Valid in Nevada?
Yes. Many couples enter into contracts, or written agreements, detailing how matters should be handled if the marriage ends. These “separation agreement” are legally-binding contracts listing and describing the husband and wife's decisions about ownership of real estate, dividing property, financial support and, if children are involved, even issues of custody and parenting time.
The family law divorce attorneys at Bush & Levy can assist clients both in the drafting of separation agreements, as well as executing the contract in the dividing up of property pursuant to the agreed-upon provisions. Legal issues can arise for property ownership, and divorce lawyers can be of great assistance in efficiently and effectively resolving these legal ownership disputes.
Have questions about dividing property during divorce or about separation agreements? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
Does Nevada Law Provide for Alimony or Spousal Support?
Yes. Under Nevada law, a judge can order alimony, or spousal support, in an amount that the judge deems reasonable, to either party in Nevada. Alimony, or spousal support, is not based upon any alleged fault on the part of either the husband or the wife.
In deciding whether to award alimony, the Judge will generally consider such factors as:
- The relative earnings and earning capacities of the spouses
- The ages and health of the spouses
- The length of the marriage
- Whether a spouse has been out of the work force for a long time
- The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment
- The relative assets and liabilities of the parties
- The relative needs of the parties
Temporary support can also be granted while the divorce is pending. Here a detailed request is filed with the court by a spouse’s divorce attorney, and the judge can then order temporary maintenance to be paid to either the husband or the wife.
Have questions about temporary spousal support during the divorce or about alimony overall? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
Child Custody and Visitation
In Nevada, the Judge legally decides who gets custody of the child based upon the “best interests of the child.” Nevada divorce attorneys can provide many case precedents to help establish exactly what the “best interests of the child” may mean in a particular case. Judges will look to the decisions of other courts to help them form their opinions in the case before them. Expert may also testify as to their opinion of what is best for the child.
Parents do get the chance to agree about custody and visitation issues. If they cannot reach a consensus, the judge makes the decisions for them, looking to Nevada Child Custody Guidelines, along with:
- Ability of each spouse to raise the children
- What would be the most stable environment for the child
Initial custody decisions can be revisited over time. Custody rights may change from one parent to another, due to any number of events (e.g., a change in employment, residence or marital status.)
Have questions about pending custody decisions or wondering about filing for a change in child custody? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.
How Much Are Child Support Payments Under Nevada Law?
Child support has been reviewed by the Nevada legislature, and laws are now in place that set up general rules for the amounts that must be paid per child. Ordinarily, the minimum amount of child support, per child, under Nevada law is $100 per month. The exact amount is calculated as a percentage of the non-custodial spouse's gross monthly income. Who gets it? Generally the spouse who has primary custody of a child is awarded monthly child support.
Nevada divorce attorneys can help clients who are facing monthly child support payments under the standard Nevada legal structure. The statutory basis for child support payments can be challenged in court. A deviation can be requested, and ordered by the judge, if any of the following need to be compensated for:
- Day care costs
- Cost of providing medical insurance
- Visitation expenses
- Non-custodial spouse's responsibility to support other children
Have questions about divorce, alimony, or child support or custody issues? Feel free to call Bush & Levy 702-868-4411 to schedule a free, initial consultation.