Top 10 Divorce Laws
1. Do you have a prenuptial agreement?
When signing 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. If nothing is attached, the prenuptial could become invalid and it will be as if no agreement had been created between the parties. Each party should have their own separate attorney to avoid conflict of interest issues later if ever there comes a time the prenuptial agreement needs to considered in a divorce.
2. Nevada divorce laws do not have a separate and apart statute for property and debt
Unlike California,for instance, until you are actually divorced, and with no prenuptial agreement, post-nuptial agreement, or separation agreement in place, all community income, debt and property still belong to both parties even if the parties have been physically separated for years. This means that if you separate and have no prenuptial or postnuptial agreement, you should at the least file a legal separation to protect your assets until you file a divorce.
3. Nevada divorce laws and residency.
Nevada requires that your divorce documents state that you have been an actual resident of Nevada for a minimum of six weeks before filing your divorce in Nevada. Nevada divorce laws also require that your divorce documents state that you have the intent to remain 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.
Residency for children when filing a divorce in Nevada. 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.
If the children have not been in Nevada for the six months period immediately preceding the filing of a divorce in Nevada, the Nevada court can’t address issues of physical custody. It will address child support, but not custody and visitation.
Even if the children issues can’t all be addressed because the children have not been here for six months, Nevada divorce laws still 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 and visitation.
4. The Court can consider the wishes of a child of sufficient age and intelligence in determining physical custody.
However, Nevada divorce laws do not name a “magic” age when the child gets to 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. This is decided on a case by case basis; it depends on the child’s ability to understand the goings-on, the parents themselves and how they feel about the situation, and lastly, how the judge feels about this particular child making this decision.
5. Nevada divorce law NRS 125B.070 provides for child support
There are maximums in Nevada for child support, based on the responsible party’s income bracket. 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–such as if the responsible party loses income or if the child now lives with the other parent. In a joint physical custody case, the Court still looks at the difference in income between the parties and will still grant one of the parties child support even if physical custody is shared equally between the parties. See the document at the end of this link, which explains it very well and also states the maximum for income brackets: https://nevadadivorce.org/child_support_guidelines.pdf
6. Nevada divorce laws allow a woman the right to change her name back to her former name.
During the process of a divorce in Nevada, a woman who changed her name legally to the name of her spouse after the marriage can resume the use of the name she used immediately before this marriage, or resume 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.
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. Typically, the divorce is filed and granted, the Q.D.R.O. is created and then filed with the court where the divorce was granted and the judge who granted the divorce signs it making it valid. Typically, neither party collects on this money until retirement time. In some cases, a judge might order that a 401K or other type of retirement account be dissolved and the proceeds divided (thought this causes a huge tax penalty). This usually only happens if one or both parties have become nearly destitute due to the divorce.
8. There is no formula for alimony in Nevada divorce laws.
Unlike child support which has clear guidelines, 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. A loose rule is that the party receiving alimony would receive it for about half of the length of the marriage. It could also be granted if a spouse was a stay-at-home parent during the length of the marriage and now needs training to re-enter the workforce.
9. Property and debt after the divorce.
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 law 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, but if fraud was discovered after the six-month period and there is compelling evidence, it could potentially be reopened to re-address issues of property and debt.
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.
Another option the Defendant has is to 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 you filed in Clark County, Nevada, and Defendant resides in another county, venue can be changed to that county if Defendant demands it. Defendant has choice of venue.
This is especially true if the marital home is located outside Clark County, Nevada, and if the entirety of the marriage took place in that other locale.
Need more information on filing a divorce in Nevada? We can help by representing you in your divorce. We’ll be easy on your bank account too!
How long does it take to change back to your maiden name after 12 years of divorce and no provisions in original divorce decree allowing for such change back to original maiden name?
Hi Joseph, you now have to go through the regular name change process, Fortunately, we can help with that: https://discountlasvegaslawyer.com/legal-name-change/
It states in my divorce years ago I’m responsible for the house and car loan which are being paid. My ex spouse is trying g to make me refinace to remove his name can he do that?
Hello Ashley, typically, this is addressed in the decree of divorce. Usually, the spouse who retains the rights to the house will be told to get a new loan to release the liability on the other spouse. If that’s not in the decree of divorce, you’ll have to take it up with him, or he can take it up with the court. He most likely wants this off his credit so he can get other loans. As long as he’s on the loan for your house, it keeps him from being able to qualify for other loans. If his income isn’t that high, it’s probably a burden, hence his request.
Regarding property owned prior to marriage. Does the property remain with the party who purchased it during division of assets after divorce?
Julie, this depends on several factors. Best to call our office for details, 702-420-7052
It states in my divorce years ago I’m responsible for the house and car loan which are being paid. My ex spouse is trying g to make me refinace to remove his name can he do that?
Hi Ashley, only if the final decree of divorce ordered you to do so.
If a job outside the state of Nevada presents itself. What jurisdiction does Nevada have if I change my residency while divorce is in progress?
Hello Edward, your divorce will continue to proceed in Nevada since that is where you resided when you filed it. The statutes do say that you must have the intent to continue living in Nevada after the divorce, however, when something like a job out-of-state that is a better deal for you comes along, it’s considered a legitimate reason to move.
What proof of residency must be presented to quaify for resident status in Nevada?
Susana, you have to have lived in Nevada a minimum of six weeks and have the intent to remain. The court requires an Affidavit of Resident Witness as proof of your residency.
Hi Susana, this article on our website will tell you everything you need to know to prove your residency to the divorce court. https://nevadadivorce.org/residency-requirements/
What if there is no way to be a Nevada resident, is there any other way to file for divorce?
My husband is moving out of state, how does that effect alimony and child support when the marriage took place in NV and one spouse is still resides in NV.
Hello Francis,
the decree of divorce is still in place and enforceable even if your spouse moved out of state.
Can I revisit my divorce even if it’s 10 yrs ago? Meaning re open the case?
Hello Olivia, it would take the recent discovery of some a huge fraud to reopen a divorce case after all this time. It’s highly unlikely you’d find a judge willing to do that, but again, depends on the circumstances and whether or not you just discovered fraud.
Hello
I have been married for 41 years. All but 4 years live now in Nevada. Should I divorce in California? Are laws same as Nevada?
Meaning benefit wise.
Hello Pat, divorce laws are similar, but different too in each state. It’s really best to consult with an attorney in both states if you’re eligible to file in both states, though if I understand your question, you currently live in Nevada. If your spouse lives in CA, and you both agree to divorce, you could file there. Same here; if you live here and you both agree to the divorce, you can file here and it’s usually a lot quicker than CA. But if both you and your wife reside in Nevada, you wouldn’t be eligible to file CA; you’d have to file here. Same if you both live in CA; you’ll have to file there and not here.
My wife and I are separated. She is living in the home, if either files for divorce and it’s granted will she have to pay me half of the equity in the home? If yes she has enough assets to pay cash, but can she also be given the option of paying monthly if she requests same?
Is all credit card debt incurred during the marriage considered community debt, even if some accounts are not in both parties names?
Hello Chris, yes, you are both responsible for credit card debt incurred by either of you during the marriage.
hello, so you are saying if i wanted to divorce but i live in california i would have to move to nevada for 6 wees before i can divorce. then after divorce i can go back to california.
Hello Leti, no I never said that.
If you live in CA, you should file there.
If you move to Nevada with the intent to file a divorce after six weeks,that’s fine as long as you have the intent to remain here after too. Know that your divorce documents will state that you have the intent to remain in Nevada for the foreseeable future. If something were to happen after the divorce was granted that essentially forces you to move back to CA, no one is going to arrest you for it, but you must have the intent to remain here in the future at the time the divorce is filed.
What if you do not plan to stay in Nevada after a divorce?
Glen, the rule is that you must have the intent to stay in Nevada. The court is aware that life changes and you are not expected to reside in Nevada for the rest of your days. Your divorce will still be valid if you move out of state after the divorce has been granted. The only thing that could change that is if the court becomes somehow aware that you were not a true Nevada resident at the time you filed your divorce.
If you have been separated for 17 years straight are you considered divorced by law and if not can you just get a divorce by yourself with out the other ones consent or signature.
Hello Anthony,
to be divorced, you have to file a divorce. If your spouse won’t sign, you can file a one-signature divorce, have them served with the Complaint and Summons. If your spouse doesn’t respond by filing an Answer and Counterclaim at court, you’ll get your divorce through a default process. If your spouse does respond, the court (here in Nevada) will automatically set a case management conference (essentially a mediation), and if things can’t be worked out there, a date will be set for a divorce trial.
What if we lived together for tens years prior to getting married and during that time bought a house (which we rent out now) only in my husbands name. We have now been married for 12 years, what happens to the first house since it was purchased prior to marriage?
Hello Sandi, you’re getting into more complicated territory than we can get into on a blog post reply. There are many factors that will affect whether that house is now yours too or not. It’s best if you consult with an attorney. A mediation would be a good idea as a place to start. In mediation, you essentially find out what you’d most likely be granted if you entered a divorce trial without the cost. In my practice, that’s the first place I try to guide couples into if they’re not in agreement on how to split property. You can read more about it here: https://nevadadivorce.org/collaborative-divorce/
Sandi, this might help too: nevadadivorce.org/blog/how-are-community-property-and-debts-divided-in-a-divorce
Hello Frank, yes, of course you can. Call us at 702-420-7052 and our case intake paralegal, Michelle, will help you get started. I’ll give her your email address as well to send you basic info. Thank you
Who pays attorney fees? My husband is claiming I have to pay for his attorney if I am the one to file. Is this true?
Hello Claire,
it’s possible for him to ask the court to pay for his attorney and it’s possible the court would grant that if he were unable to pay his own attorney fees. That’s in a contested divorce. If you both agree to a joint petition divorce, either of you can pay for it, or you can agree to split the cost.
I’m recently separated… If I move out of our house before the divorce is final, will I lose rights to it? My wife won’t sell it but both our names are on it.
Hello Pamela, if you own the house along with her, you’re entitled to your share of the equity even if you don’t live there.
I currently reside in CA and have been transferred to NV. I filed for the dissolution in 2016 after 22 years of marriage but never received a response. I have only recently finalized custody which will now permit a trial.
I need to move within a couple months. Will my petition from CA still be valid or will I need to petition again in NV after 6 weeks?
I have no physical assets other than 401k and retirement and have full custody of 3 minor children.
Will I be better served to drop the CA petition and re-file in NV or will this update all financial info and end up costing me more in the end?
Thank you
Hi John, I’d need to know many things before I could tell you either way. Depends on whether your spouse is contesting the divorce (I suspect this since you’re talking trial), and how far ahead your divorce is in CA too. One thing is certain, though. You’ll be considered a resident after living here for six weeks, however, this court will not take jurisdiction over your three minor children until they have resided in Nevada for six full months continuously.
Dora on Feb. 6 ,2019 at 8:20pm.
I currently live in Nevada for 1 yr & 3 months. I have been separated for almost 28 years. My husband lives in SC & still working there. He included me to his health ins. since 2012 until now. If I will file divorce here in Nevada , is that the right thing to do? Am I eligible to his pension or 401K? No property (house) except he has 2 vehicles.
Hello Dora, it sounds like you should consult with an attorney in SC. You are eligible to file a divorce here, however, the Defendant has the choice of venue (in which state and court the divorce will take place), so unless your spouse agrees to sign Nevada divorce papers, you might find that your spouse will do what he needs to do to move the divorce to SC. Your first step should be to reach out to him and ask if he’s willing to do a divorce here in NV. Typically, a divorce here is easier than in SC, but some cases are different. As far as his pension, that will depend on SC laws if the divorce takes place there, and will depend on what a judge here in NV would stay about it. You might well be eligible for a portion of his retirement, however, there are many variables here. If it were me, I’d consult with a divorce attorney in SC and then with a divorce lawyer here in NV.
I’ve been divorced for more than twenty-five years. Is my ex-wife still entitled to half of my pension even after she has remarried
Hello Curtis, only if it was agreed to in your divorce settlement. If not, it’s all yours.
My spouse & I have been married for 22 years and have lived in Nevada for at least the last 6 years. My parents who live in MT (they are both on hospice care) and will unfortunately pass away soon. In my parents will they are going to leave me a house, a car & a small amount of cash. Is my spouse entitled to any of my inheritance (house, car, cash) ? We will be getting a divorce within the next 6 months.
Hello DD, an inheritance is separate from community property. As long as you don’t commingle your inheritance with the community property (such as making payments on a house both you and your spouse own together with the cash you’ll inherit), it’s all yours.
I have been physically seperated from my wife for 4 years. We want a divorce, both live in Nevada, and don’t own any property. We do have 3 children, and I have been paying 29% of the difference of income since we seperated, and then some but it doesn’t equal 50% of my income, since we have been living separately and paying seperate bills. We haven’t filed any legal paperwork and just want to get this over with. Will I have to pay her 50% of my income over the last 4 years we have been separated since we never even filed a legal seperation? Or will I be ok? And is it possible to get a divorce civilly, without attorneys?
Steve, you can always divorce without attorneys involved, but with three children and property (in your case, income) at stake, it’s not wise. To avoid acrimony and divorce court, consider doing mediation and then filing a joint petition divorce. It’s the very best way to handle it considering the situation you are describing. Some attorneys (like me) do divorce mediation. You don’t have to take the advice given to you in mediation. You’re not bound to it legally. That said, in a mediation, the attorney’s advice is based on what is most likely to be granted to each of you were you to enter a divorce trial. So, you know that w/o the expense of a trial. And it’s usually the best way to go.
What if I have no idea where my husband lives? He disappeared 6 years ago and I want to file for divorce but I do not have a way to have him summoned.
Hi Zanne, if he can’t be found to be served personally, he can be served through a publication process. Just call the office; our case intake paralegal will explain it in detail to you.
What if I cant afford $299 filing fees? Is there a process to have it waived?
Sandy, the people at the Self-help Center at Family Court on Pecos and Bonanza can help with that.
I filed in Nevada.
USCIS: asking me to submit evidence to show that the state (California) where i was domiciled at the time recognized the foreign divorced? Does california recognized my divorced and how can i get it recognized?
Hello, Victor. Best to contact an attorney who practices law in California. Though I’m licensed in California, I practice only in Nevada unless one of my Nevada client needs me to appear in California; at that time only do I research issues as they relate to California law.
I live in NV, ex lives in Idaho. Married for maybe 13 years. I moved out 10 yrs ago to NV. She has income now. Is she eligible for some of my retirement? I wanna divorce havent spoke to her in years. How would i file. I dont even want to have any conversation with her. No kids and no property except all the bills. I have paid them yrs ago. $3000approx..
Also if she were to get a loan am.i responsuble for that too? If she were to default??
Hello Howard,
either of you are responsible for the debts of both this being a community property state. She might be eligible for your retirement too. You should consult with an attorney about this. You’d have been better off divorcing in the past, but the longer you wait, the more complicated it’s likely to become to keep your retirement.