Nevada has three grounds for divorce. Two are no-fault grounds: (1) incompatibility, and (2) when the husband and wife have lived separate and apart for one year without cohabitation, the court may grant an absolute decree of divorce at the suit of either party.  The only fault ground is insanity existing for two years prior to the commencement of the proceeding.  The court, before granting a divorce, shall require corroborative evidence of the insanity of the defendant at that time.

Nevada requires that a person be a resident of the state for only six weeks before they can file a petition for divorce. Because of this Nevada has the highest divorce rate in the country.

Nevada is a community property state in determining marital assets as opposed to dividing property on an equitable division basis.  Community property means that all assets of the marital estate, regardless of who earned them, the amount earned, or the amount either spouse contributed to the estate are marital property if earned during the course of marriage.  All marital assets are divided 50/50 between the spouses.

Custody of children in Nevada divorces is determined by the best interest of the child standard.  The court assumes that it is in the best interest of the child to maintain contact with both parents.  Custody is usually given to the primary caregiver in cases involving young children; however, it is no longer true that the wife always gets custody of the children when they are older.

Nevada like every state in the union requires that both parents provide financial support for the child.  The court attempts to maintain the standard of living the child enjoyed during the marriage.  This is based on the notion that the child is the innocent party during a divorce and should not suffer because the parents can no longer maintain their relationship.  The amount is determined by a formula that calculates the earning potential of each spouse.

Nevada has resources available for people who wish to pursue a divorce without legal counsel, including some forms online.  You should consider a do-it-yourself divorce only in simple uncomplicated divorces.  In complicated matters involving custody, support and property division consider getting competent legal advice.


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