A Brief Overview of Nevada Divorce Laws

Divorce is an ugly necessity in today's society. While it is not planned for, embraced, or even pursued, it does happen with an alarming frequency to married couples throughout the United States. While divorce laws vary from state to state, Nevada divorce laws are unique in several aspects and anyone contemplating an action in a divorce court in this state will do well to familiarize her- or himself with all the laws prior to filing!

When we think of Nevada and marriages, we quite often think of the Elvis impersonator officiating at one of the many wedding chapels. Yet there is also another side to marriage, namely divorce. The only thing quicker than Nevada divorces are Nevada marriages.  While the state has not yet finalized the drive-through divorce, it does have some of the most liberal laws of any state.  As a matter of fact, Nevada divorce laws are notorious for permitting a quick dissolution of marriage!  Anyone who wishes to file for dissolution of marriage must, according to Nevada divorce law, have been a resident of the state for at least six weeks.  This prerequisite can be satisfied by producing a Nevada resident who can vouch for you and testify that you have indeed lived in the state that long. Many other states will require a ninety day residency provision to have been fulfilled, thus making this state so attractive for divorce seekers.


Secondly, Nevada divorce laws do not specify particular reasons that require proving.  Actually, anyone can request dissolution of marriage on the grounds of irreconcilable differences, documented insanity of the marriage partner for the duration of two years prior to filing, or the declaration that the spouses have been separated for more than one year. While some states have moved in the direction of requiring pre-divorce mediation to hold at bay the tidal wave of divorce petition, or at least slow down the process, Nevada has not done so and therefore no mediation services will be required.

Since Nevada divorce law recognizes community property, during a divorce the couple's resources are divided equally amongst them, liquidating assets as necessary to pay off both parties. Interestingly, Nevada divorce laws are very particular when it comes to allocating child support to the custodial spouse.  Based on a rigid formula, the non-custodial parent is required to pay a certain percentage based on her or his pre-tax income.  For one child, a non-custodial parent will need to pay eighteen percent of her or his pre-tax income to the custodial parent, twenty-five percent for two children, twenty-nine for three, and an additional two percent for each additional child. Of course, the parties to the divorce do have the option of negotiating child support payments amongst themselves, keeping in mind that the court will not permit less than about one-hundred dollars per month per child.  Like most other states, Nevada divorce laws are fairly open when it comes to spousal maintenance payments. Usually the party requesting such monetary help from the other side will need to prove eligibility and need. 

As you can see, Nevada divorces can be obtained quickly and easily, and if both parties agree, they will be able to put a bad situation behind themselves very quickly.  If, however, children are involved, Nevada divorce laws work very hard to protect the interests of these children and to ensure that their basic needs of food, clothing, and shelter are taken care of.

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