In order to obtain a divorce in Nevada, one of the spouses must have been a resident of Nevada for 6 weeks immediately prior to filing for divorce.

The divorce may be filed in: 1) the county where either spouse resides; or 2) the county where the spouses last lived together. [Nevada Revised Statutes; Chapter 125; Section 020].

The only grounds for no-contest divorce in Nevada are:

1) incompatibility; or

2) living separate and apart without cohabitation for one year. [Nevada Revised Statutes; Chapter 125, Section 010, 0302].
 

What are the grounds for a divorce in Nevada?
Irreconcilable difference, insanity for two years prior to the action, and spouses living separate and apart from each other for more than one year.  It is not necessary to make or prove allegations of adultery, mental cruelty, etc. to obtain a divorce in Nevada.

What is the residency requirement necessary before filing a divorce suit?
Six weeks residence in the state. You must provide a witness who lives in Nevada who can testify from his or her personal knowledge that you have lived in Nevada for at least six weeks.

In a divorce case, what kinds of things will the court decide?
The court will make a decision regarding marital status, unless the case is withdrawn. If there is property held by the husband and the wife, the court will decide on the division of any property held in common (community property or joint-tenancy property) and will determine what property is the separate property of the husband or the wife.

The court will determine whether either spouse will receive an award of support (alimony) from the other spouse.

If there are children of the marriage, the court will determine whether one or both parents has legal custody and the amount of physical custody time each parent will have with their children. The court will decide whether child support should be paid by one parent to the other, and, if so, how much it will be.

The court may resolve all issues between the parties if it acquires jurisdiction over both the husband and the wife. If the spouse you are divorcing does not make a legal "appearance" in the action, and if that spouse does not have significant contacts with Nevada, the court will only be able to address marital status and the property and (sometimes) the children, that are in this state.

How does the court divide the property?
The courts will, to the extent practicable, divide the "community property" equally. In rare and exceptional instances, the court may find compelling reasons to divide the property unequally. If it makes and unequal division, the court must support its decision with written reasons.  Under some circumstances, the court may trace back to one party separate property invested in community property or vice versa.

Can a husband and wife agree on how to divide their property?
Yes if the agreement is written and is approved by a court in the divorce proceedings. Provision must be made for child support if there are any children and for payment of debts.

If the couple signed a prenuptial (ante-nuptial) agreement before the marriage, can it be enforced?
A prenuptial agreement for support and division of property may or may not be upheld, depending upon the circumstances.  Both prospective spouses should seek legal counsel before signing such an agreement.

What is the basis for a child custody determination by the court?
First and foremost, the best interests of the child, taking into account the ability of each spouse to raise the child, what would be the most stable environment for the child and other factors. The respective spouses may be required to submit to an evaluation by officers of the court to determine these factors.

What provision does Nevada make for child support payments?
Ordinarily, the spouse who has primary physical custody of a child will be awarded child support. In Nevada, with rare exceptions, the minimum per child is $100 per month and the maximum per child is $500 per month. the precise child support amount is determined as a percentage of the noncustodial spouse's gross monthly income (income before taxes and any other deductions are taken out):

1 child: 18%
2 children: 25%
3 children: 29%
add 2% for each additional child

The court may "deviate" up or down from the resulting amount to compensate for such things as day care costs, the cost of providing medical insurance, visitation expenses, the noncustodial spouse's responsibility for support of other children, and other factors identified in the statute. These factors are supposed to be identified by the court in its order.