Understanding Same‑Sex Divorce Nuances in Nevada

Divorce is never easy. It can be emotionally and legally complex. For same-sex couples in Nevada, the process follows the same laws as any other divorce. However, unique challenges can arise, especially in areas like parental rights and asset division.

This guide will walk you through everything you need to know about same-sex divorce in Nevada. Whether you’re just considering divorce or ready to file, this article will help you understand your rights and options.

Eligibility for Same-Sex Divorce in Nevada

Residency Requirements

Before filing for divorce in Nevada, at least one spouse must meet the state’s residency rules.

• You or your spouse must have lived in Nevada for at least six weeks before filing.
• You need a witness (such as a friend or coworker) to confirm your residency in court.
• If you married in Nevada but live elsewhere, you may still be able to divorce here, depending on your home state’s laws.

Grounds for Divorce

Nevada is a no-fault divorce state. This means you don’t have to prove wrongdoing to get divorced. Instead, you only need one of the following:

• Irreconcilable differences – meaning the marriage simply isn’t working.
• Living separately for at least one year – if you’ve been apart that long, the court will grant the divorce.

Fault-based reasons (like infidelity) do not affect the divorce itself, but they could play a role in property division or alimony.

The Divorce Process for Same-Sex Couples

Filing for Divorce

The divorce process starts by filing a legal document called a Complaint for Divorce. Here’s what you need to know:

You can file online or in person. If both spouses agree on everything, you may qualify for a joint petition, making the process faster and easier.

Serving Divorce Papers

Once filed, the next step is to serve your spouse with the divorce papers. This means officially notifying them.

• A neutral third party (not you) must deliver the papers.
• This is usually done by a process server, sheriff, or certified mail.
• If you can’t find your spouse, you may need to serve them by publication in a newspaper.

After being served, your spouse has 20 days to respond. If they don’t, you can request a default divorce, which may speed things up.

Key Issues in a Same-Sex Divorce

Division of Assets and Debts

In Nevada, the division of assets and debts during a divorce operates under community property laws. This means:

• Equal Division: All assets and debts acquired during the marriage are typically divided equally between both spouses.​

• Separate Property: Assets owned before the marriage or received as gifts or inheritances are usually considered separate and remain with the original owner.​

However, complexities can arise, especially with certain types of assets:

• Retirement Accounts: These are subject to division, and a Qualified Domestic Relations Order (QDRO) may be necessary to split these accounts without tax penalties.​

• Business Interests: If a business was started or grown during the marriage, its value might be subject to division.​

• Hidden Assets: It’s crucial to ensure all assets are disclosed. Some assets, like restricted stock units (RSUs), can be overlooked but have significant value. ​Kiplinger.com+1American Bar Association+1

Child Custody and Support

Child custody and support are often the most emotionally charged aspects of a divorce. Nevada courts prioritize the best interests of the child, considering factors such as:

• Parent-Child Relationship: The bond each parent has with the child.​

• Child’s Needs: Physical, emotional, and developmental requirements.​

• Parental Cooperation: Each parent’s willingness to support the child’s relationship with the other parent.​

For same-sex couples, additional considerations might include:

• Legal Parentage: Ensuring both parents have legally established parental rights, especially if only one is the biological parent.​

• Adoption: If one parent hasn’t legally adopted the child, they might face challenges in custody disputes.​

Child support is determined based on:

• Income: Both parents’ earnings and financial resources.​

• Custody Arrangement: The amount of time the child spends with each parent.​

• Child’s Needs: Including education, healthcare, and extracurricular activities.​

It’s essential to think long-term about child support, as children’s needs evolve over time.

Spousal Support (Alimony)

Spousal support, or alimony, is financial assistance provided to a lower-earning spouse post-divorce. In Nevada, several factors influence alimony decisions:

• Duration of Marriage: Longer marriages are more likely to result in alimony awards.​

• Financial Condition: Each spouse’s income, earning capacity, and financial needs.​

• Standard of Living: The lifestyle established during the marriage.​

• Contributions: Both financial and non-financial contributions to the marriage, such as homemaking or supporting a spouse’s education.​American Bar Association

Alimony can be:

• Temporary: Short-term support during the divorce process.​

• Rehabilitative: Support to help a spouse gain necessary skills or education to become self-sufficient.​

• Permanent: Ongoing support, typically in long-term marriages where one spouse cannot become self-sufficient.​

Understanding these aspects is crucial for anyone navigating a same-sex divorce in Nevada. Each situation is unique, so it’s advisable to consult with a legal professional to address specific concerns.

Finalizing the Divorce

Settlement vs. Court Decision

The path to finalizing your divorce can vary based on your situation:

• Uncontested Divorce: If both spouses agree on all aspects—like property division, child custody, and support—you can file a joint petition. This streamlined process often doesn’t require a court hearing, making it quicker and less stressful. ​

• Contested Divorce: When spouses can’t agree on key issues, the divorce becomes contested. This means the court will decide on unresolved matters, which can extend the process and increase costs.​

Obtaining the Divorce Decree

The divorce decree is the official document that legally ends your marriage. Here’s how the timeline typically unfolds:

After the judge signs the decree:

• Filing: The decree is filed with the court clerk.​Shouse Law Group+1selfhelp.nvcourts.gov+1Family Law Self-Help Center+1selfhelp.nvcourts.gov+1

• Copies: Both parties receive certified copies for their records.​

• Name Change: If requested, the decree can restore a spouse’s former name.​nevadadivorce.org+4Nevada Legislature+4Family Law Self-Help Center+4

Understanding these steps can help you navigate the final phase of your divorce with clarity and confidence.