Information About Filing A Nevada Divorce

Our office receives a lot of calls for divorce where we are just unable to assist the caller. We crafted this article to explain the basic requirements for filing a Nevada divorce. 

What are the reasons I can divorced in Nevada?

Either spouse may file for divorce in Nevada as long as that spouse has statutory grounds for the divorce and meets the residency requirement for filing.

The three statutory grounds for divorce in Nevada are: 

  1. incompatibility; 
  2. insanity;
  3. spouses living separate and apart for more than one year. 

If a spouse is filing for divorce on the grounds of insanity, the spouse must demonstrate the insanity existed two years prior to the filing of the divorce.

Nevada is a no-fault divorce state. Most Nevada divorce cases are based on incompatibility. This means that you and your spouse have changed your likes and dislikes, your tastes, your desires, your life goals etc. to such an extent that you no loner want to remain married. You don't have to prove that your spouse had an affair, didn't want to get a job or wasted a bunch of money in order to get divorced in Nevada. You only have to tell the judge that you and your spouse are no longer compatible. 

How do I prove I am a Nevada resident in order to get my divorce?

As for the residency requirement, to divorce in Nevada the spouse must have permanently present within the borders of the state for a period of six weeks before filing the divorce action. To establish residency, the filing spouse must obtain an affidavit signed by a neutral third-party who will tell the Court that they have seen the filing spouse in Nevada at least three to four times per week for the six weeks prior to filing the Complaint.

Can I get divorced if my children don't live in Nevada?

If you have children, your children, the child or children of the parties must be residents of the State of Nevada for at least six months before the filing for Divorce. If your children have not lived here for at least six months prior to the filing of your case, the Court may grant the divorce, but may not issue decisions regarding child support, custody or visitation.

If you or someone you know is looking to file divorce in Nevada call us today at (702) 433-2889 or fill out our on-line form for more information. We can help. 

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