10 Top Divorce Laws
1. If you sign a prenuptial agreement the prospective husband and wife must attach a list of their separate property and separate debt going into the marriage for the pre-nuptial to be valid.
2. Nevada divorce laws do not have a separate and apart statute for property and debt (like California does, for instance) so until you are actually divorced, absent a prenuptial agreement, post-nuptial agreement, or separation agreement, all community income, debt and property still belong to both parties even if the parties have been physically separated for years.
3. Nevada divorce laws require that your divorce documents state that you have been an actual resident of Nevada for a minimum of six weeks before filing your Nevada divorce. Nevada divorce laws also require that your divorce documents state that you have the intent to live in Nevada for an indefinite period of time after the divorce becomes final.
The resident witness affidavit will state that the resident witness has seen you physically present in Nevada three to four times per week for the six weeks immediately preceding the divorce.
As far as residency rules when children are involved, Nevada divorce laws, as per the Uniform Child Custody Jurisdiction Act, state that Nevada has no jurisdiction over children of the marriage until the children have resided in Nevada for at least six months.
That said, though children might not have not been in Nevada for six months and this court can’t address issues of physical custody, divorce laws here give the court jurisdiction over the marriage itself (provided the parent filing the divorce is a current resident) and can grant a divorce, therefore dissolving the marriage, but without addressing physical custody.
4. The Court can consider the wishes of a child of sufficient age and intelligence in determining physical custody of that child. However, Nevada divorce laws do not name a “magic” age when the child gets to unilaterally make that decision. Some judges will give children over the age of 13 more say-so in where they live (they might meet with the child before deciding), but the Court’s standard is always the best interest of the child.
5. Nevada divorce law NRS 125B.070 provides for child support with a maximum on the amount that a parent has to pay for child support based on income level. The amount of child support is adjustable every three years or by special motion filed with the court. In a joint physical custody divorce case, the Court still looks at the disparity of income between the parties and will still grant one of the parties child support even if physical custody is shared equally between the parties.
6. Nevada divorce laws allow a woman the right to change her name back to her former name from immediately before this marriage or to her birth name. She cannot choose just any name the way she can in a name change proceeding.
7. Retirement, pensions, 401(k)s, IRAs, etc. earned during the marriage are considered community property as per Nevada divorce laws. However, the division of retirement accounts often require a Qualified Domestic Relations Order to be prepared before they can be distributed in addition to the Decree Of Divorce. Each spouse is entitled to one half of each other’s retirement benefits accrued during the marriage. A Qualified Domestic Relations Order (commonly known as a Q.D.R.O.) is a procedure done separately from the divorce itself.
8. There is no formula for alimony in Nevada divorce laws like there is for child support. NRS 125.150 leaves alimony to the sole discretion of the Judge. The post-divorce financial condition of the parties is considered, along with the ability to pay, length of the marriage, health and education of the parties and what occurred during the marriage.
9. After the divorce, although the Court maintains jurisdiction over child support and child custody issues and alimony, the Court loses jurisdiction over property and debt issues once the divorce is granted. There is a provision in Nevada divorce laws to set aside a divorce for up to six months under NRCP 60(b) for excusable neglect, mistake and fraud regarding property and debt issues. After 6 months, it’s difficult to re-open a divorce case insofar as property and debt matters.
10. When filing a one-signature Nevada divorce, if the Defendant lives in a different county or state, Defendant may be able to change venue, and, or, dismiss or limit the Nevada Court’s decision to just granting the divorce without matters of property and debt division being addressed. The Nevada Court has no jurisdiction over an out of state resident for property, debt, alimony and the physical and legal custody of out-of-state children in a default divorce in Nevada. A “default divorce” means that the Defendant was served with the divorce papers and never responded. Also, if the Defendant resides in Reno and you filed in Las Vegas, venue can be changed to Reno if Defendant demands it.
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We’re closing the comments on this post. Many of the questions that come in have been answered already. If you do have a question not answered here, visit this post where we talk about property division, often an area of dispute in a divorce situation. We’re still open for comments there. Thanks!