What are the grounds for divorce in Nevada?
Insanity for two years prior to the action
• Spouses living separate and apart 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.
What kinds of things will the court decide?
• Marital status, unless the case is withdrawn.
• Division of any property held in common (community property or joint-
tenancy property) and what property is separate property of the husband
or the wife.
• Whether either spouse will receive an award of support (alimony) from
the other spouse.
• Whether one or both parents has legal custody of any children, the
amount of physical custody time each parent gets with the children, and
if child support should be paid by one parent to the other, and, if so, how
much it will be.
Resolution of all issues between the parties if the court 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 mari-
tal status and such property and (sometimes) such children, as are in this state.
How does the court divide the property?
The court will, to the extent practicable, divide the “community property” equally. In rare and exceptional in-
stances, the court may find compelling reasons to divide the property unequally. If it makes an 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.