Overview
A couple going through a divorce in Las Vegas often has to deal with much more than simply terminating the marriage. Spousal support, or alimony, child support, child custody and the division of marital property are all issues which may be adjudicated by the district court. Under Nevada law, the court will make determinations in regard to these factors if the parties to the divorce cannot reach an agreement on their own.
Residency and Filing Requirements
According to Nevada statutes, the divorce must be filed in the district court that has jurisdiction over the matter. The court establishes jurisdiction if either spouse has lived in Nevada for six months. The divorce can also be brought in the district court of the county in which either spouse resides. The Clark County District Court has jurisdiction if you or your spouse live in Las Vegas.
Grounds for Divorce
When you file for divorce, you need to state a reason. The reason can be fault based or non-fault based. The only fault-based reason is insanity of a spouse for two years prior to the divorce. Non-fault-based reasons for which the court may grant a divorce are spouses that have lived separately for at least one year, or if you simply state that you and your spouse are incompatible.
Division of Marital Property
If you and your spouse do not come to an agreement as to who will walk away with property you have accumulated during the marriage, the court will decide for you. Typically, the court will do its best to divide the property so that each party to the divorce receives 50 percent. Nevada is considered a “community property” state because it splits the property as evenly as possible.
Spousal Support
You and your spouse may agree prior to the divorce that one party will pay spousal support, or alimony, to the other party, the amount of those payments and how long the payments will last. If there is no agreement, the court may order spousal support based on factors set out in Nevada law, including the financial condition of each spouse, the potential for each spouse to make a living, which spouse put in more work to acquire the marital property, and basic need.
Child Support and Custody
Child custody will be awarded to one or both parents based on the best interests of the child. This means that the court will, for the most part, ignore the parents’ personal wishes and order what the court feels is best for the child. Nevada law allows for child support as well, and there are child support guidelines in the law that specifically dictate a child support amount based on parental incomes and the needs of the child.
