Nevada has historically had some of the more lenient divorce laws in the country. Back in the 1950s and 60s, other states had stricter and more onerous divorce laws and it wasn't uncommon for people to come to Nevada just to get divorced.
While other states have passed less restrictive divorce laws, Nevada still has a healthy divorce rate. And just as there are statutory restrictions on marriage, state laws also establish certain requirements for divorce. While all states now allow for some sort of "no fault" divorce, which means neither party must be at fault for the failure of the marriage, parties still must state the official grounds for divorce in court documents. Nevada's divorce laws are not much different than those in other states, although at least one party must have lived in the state for six weeks prior to the divorce filing.
Nevada Divorce Laws
The following table and links will help you better understand Nevada's legal requirements for divorce, and divorce in general.
|Code Section||125.010, 020, 130|
|Residency Requirements||Unless grounds accrued in county where action brought, one party must have been a resident at least 6 weeks before filing.|
|Waiting Period||Decree is final when entered.|
|'No Fault' Grounds for Divorce||Separation(1 yr. without cohabitation); incompatibility.|
|Defenses to a Divorce Filing||-|
|Other Grounds for Divorce||Insanity (for 2 yrs. prior); lived apart without cohabitation for 1 yr.; incompatibility.|
No Fault Divorce Laws
As previously stated, Nevada is one of many states that allows what is known as a “no fault” divorce. A no fault divorce means that you do not need to prove that your spouse was “at fault,” or did anything wrong. Instead, you just have to provide any reason that the state honors for the divorce. Under Nevada divorce law, the reason is that the marriage has suffered an “irretrievable breakdown,” which is merely a legal way of saying that you and your spouse do not get along and you cannot repair your marital relationship. Nevada also has alternatives to the standard divorce, such as an annulment or legal separation.
If you and your spouse have any children together, you should be aware of how Nevada child custody laws work, as well as laws pertaining to child support guidelines and child support enforcement.
You can also do more of your own research by visiting FindLaw’sdivorce section for more articles and information.
Getting Divorced in Nevada? Let an Attorney Help
Navigating the divorce process can be extremely difficult, both emotionally and legally. Issues arise in divorce proceedings such as spousal support, child custody, and child visitation. You may find that speaking with an attorney about your case can make things easier. Get started today and reach out to a Nevada divorce lawyer near you.
Contact a qualified attorney.