Divorce Questions & Answers

Q: What are the grounds for divorce in Nevada?
A: In Nevada it is usually irreconcilable differences, but insanity for two years prior to the action, and spouses living separate and apart for more than one year may also be used. Currently in Nevada proving adultery, mental cruelty and other grounds for divorce are not requrired because Nevada is a not a fault-based system.

Q: What are the residence requirement necessary before filing a divorce suit in Nevada?
A: Six weeks residency in the Nevada and testimony from someone that can attest to your presence in the state for all of the six-week period.

Q: In a divorce case, what kinds of things will the court decide?
A: Child custody, child support, division of property and/or debts, and spousal support are the main areas the court will make decisions on.

Q: When the court divides property and or debt must it be a 50/50 split?
A: The division would be 50/50, but the court has the discretion to make an equitable apportionment of the community property under certain circumstances. Generally speaking community property and communtiy debt are split 50/50.

Q: How else can property be divided?
A: Where community property debts exceed community property assets, or one spouse receives an single asset that cannot be easily divided, such as a house or car, one spouse's separate property may be applied to pay community property debts, or to equalize an otherwise uneven split of community property.

Q: If the couple signed a prenuptial agreement before the marriage, can it be enforced?
A: The enforcement or validity of a prenuptial agreement for support and division of property depends upon many factors, one being if it meets the statutory requirements set forth in the Nevada Revised Statutes.

Q: What is the basis for a child custody determination by the court?
A: First and foremost, the best interests of the child, taking in to account the ability of each spouse to raise the children, what would be the most stable environment for the children, available financial resources for the child's support and other factors. The respective spouses may be required to submit to an evaluation by officers of the court to determine other factors.

Q: Is it required to give the non-custodial parent visitation rights?
A: Yes, unless the Court orders that the non-custodial parent cannot have contact with the children, or the non-custodial parents rights have been terminated.

Q: When there are children involved is there any requirements for counseling?
A: In Clark County each parent is required to attend a parenting seminar to assist in co-parenting issues.

Q: Do I need an attorney?
A: The court permits any person to represent themselves in court. There are generic legal documents available, however, domestic relations laws are constantly changing, and how those laws apply to your individual circumstances may lead to a different result other than cases you have heard from friends, neighbors or co-workers. Representing yourself may lead to mistakes than cannot be easily undone. It is always wise to seek legal counsel to ensure your rights are protected.

Q: Do we have to appear in court?
A: A court appearance is dependent upon a number of factors. Your attorney will attempt to minimize the amount of court appearances.