Basic Facts About Divorce in Las Vegas

If you are a married spouse considering filing for divorce in Las Vegas, understanding the Nevada laws that govern divorce in the state is very important. The process itself is fairly straightforward, but complex substantive issues can arise. Talking with an experienced family law attorney is the best way to ensure that you protect all your legal rights before you ask the court to grant a divorce.

Residency Requirement and Grounds For Divorce

Nevada laws establish two basic requirements for getting a divorce in the state. First, one of the parties must meet a specific residency requirement. Second, there must be valid grounds for divorce stated in the petition.

To petition for divorce in Nevada, one of the spouses must reside in the state for at least six weeks immediately before filing and have the intention of remaining in the state. If there are child custody issues, the child also must live in the state for six weeks before the petition is filed. You may file the petition in these counties: 1) where the defendant resides (Las Vegas is in Clark County), 2) where you and your spouse last cohabited, or 3) where you and your spouse lived when the basis for the cause of action occurred.

With regard to the grounds for a divorce, Nevada is a no-fault state. There are three allowable grounds for divorce. The most common basis for a divorce is incompatibility. A judge also may grant a divorce on request of either spouse when the spouses have lived separate and apart for at least one year. Finally, insanity of a spouse for at least two years before filing, with corroborative evidence required, is a basis for a Las Vegas divorce.

In some circumstances, legal separation or annulment may be a preferable alternative to divorce. Talking with a knowledgeable attorney is the best way to determine whether either of those alternatives to divorce is possible or advisable in your situation.

Legal Issues Decided in a Las Vegas Divorce

Under Nevada law, termination of a marriage by divorce requires resolution of matters relating to the marital relationship. The significance of these issues varies greatly, depending on the circumstances of the marriage. The matters addressed by a Nevada judge in a divorce case may include:

• Property division: Nevada is a community property state. Property acquired during a marriage is the property of both spouses and must be divided as part of a divorce. In some cases, the spouses may agree to the method of division, with the spousal agreement subject to review by the court. If no agreement can be reached, the court will decide the division of marital property.
• Child custody and support: Spouses may agree on matters of custody and support, subject to review by the court. If there is no agreement, the court decides the issues.
• Alimony (spousal support): While there is no entitlement to spousal support (alimony) in a Nevada divorce, the court has authority to award alimony in a divorce case. An extensive list of factors applies to the court’s determination.

If there is complete agreement on the full range of marital issues, the spouses may be able to get an uncontested divorce. But a disagreement or dispute over any one of these issues — or all of them — can make a Las Vegas divorce proceeding challenging. For that reason, representation by an experienced divorce attorney is strongly recommended.

When Should You Talk With a Las Vegas Divorce Lawyer?

Nevada law does not require you to be represented by legal counsel in order to obtain a divorce in the state. However, in most cases, talking with a Las Vegas divorce attorney is the best approach for moving forward with a divorce petition.

Your lawyer protects your legal rights with regard to all marital issues, including property division, child custody and support, and alimony / spousal support. If you do not have a lawyer, and you enter into an agreement with your spouse on any of those issues, you could give up important rights without even being aware of it.

Your lawyer thoroughly reviews all agreements and court documents before submission to the court, to ensure you are fully protected, in addition to preparing the appropriate documents for the court’s action during the case and in the final court order. Your attorney also makes certain that you fully understand all aspects of the proceeding and the implications of orders issued by the court, from the beginning of the proceeding through the final divorce order.

If you meet the residency requirement for filing for a divorce in Clark County as explained above, your next step should be setting up a meeting with an experienced divorce lawyer.

Schedule a Free Consultation With an Experienced Las Vegas Divorce Attorney

If you are considering filing for divorce in Las Vegas, family law attorney Joseph Gersten is here to help. He draws on his extensive experience in domestic matters, including property division, child custody and support, and alimony (spousal support), to protect your legal rights and  interests and pursue cost-effective resolution of all issues.

The Gersten Law Firm helps clients in Las Vegas, Henderson, and elsewhere in Clark County. Your initial consultation is always free. Call 702.857.8777 or complete our online form to schedule an appointment.