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Home | Family Law | Divorce

Nevada Divorce


A Nevada divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of a Nevada divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested Nevada divorce without the expense of an attorney.

Types of Divorce in Nevada

Summary Divorce

Summary divorce in Nevada may be granted if the following conditions are met:

1.      Either spouse has been a resident of the state for at least 6 weeks;

2.      The spouses are incompatible or have lived separate and apart without cohabitation for 1 year;

3.      There are no minor children (born or adopted) and the wife is not pregnant, or the spouses have signed an agreement specifying the custody and support of the children;

4.      There is no community or joint property, or the spouses have signed an agreement regarding the division of their property and the assumption of their liabilities, and have signed any deeds, titles, or other evidences of transfer of property;

5.      Both spouses waive their rights to spousal support [maintenance] or the spouses have signed an agreement specifying the amount of spousal support;

6.      Both spouses waive:

a.      Their rights to notice of entry of the final decree of divorce;

b.      Their rights to appeal the divorce;

c.      Their rights to request findings of fact and conclusions of law in the divorce proceeding; and

d.      Their rights to a new trial.

7.      Both spouses want the court to enter the decree of divorce.

A Summary Proceeding for divorce is begun by filing a joint petition, signed under oath, together with an Affidavit of Corroboration of Residency by a witness.

Divorce by Default

Petitioner spouse may apply for a divorce by default by affidavit. In such situations, oral testimony will not normally be required. If there is a marital settlement agreement, it should be identified in the affidavit and attached to it when filed. The affidavit should include:

1.      Statement that residency requirements have been met;

2.      Statement that all information in the petition is correct and true;

3.      Statement that the affidavit contains only facts that would be admissible into evidence;

4.      Factual support for each allegation in the application; and

5.      Establish that the person signing the affidavit is competent to testify.


Alternatives to Divorce in Nevada

A legal separation can be filed by a married person who wishes to maintain the marriage but be physically separate and try to resolve any problems in the marriage. If a spouse has any of the grounds for divorce or if he/she has been deserted for over 90 days, a suit for separate maintenance for himself/herself and any children may be filed. In addition, the spouses may agree to an immediate separation and make appropriate provisions for spousal and child support. There is no residency requirement specified in the statute.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. Annulments are rare and are only granted in situations where there was some legal defect at the time of marriage that makes it invalid. Even if the marriage was not valid from the beginning, the court still has the power to divide the property, enter a parenting plan for children, and make financial orders.

 
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