The Nevada Divorce Process

Work Law Blog | The Nevada Divorce Process

Separating from your spouse is not an easy decision. It doesn’t help when a couple cannot reach a joint agreement about their assets, alimony, and child custody. It’s likely the Nevada Family Court will make decisions about finances and child custody. We have already explained why it is imperative to seek advice from a family law attorney before a court appearance, and in this article, we will describe the divorce process.

Filing a Divorce Compliant

First, an individual must file for divorce with the District Clerk in the county where one or both the individuals reside. Nevada law requires one party to be a state resident for a minimum of six weeks before the application is submitted. The plaintiff is the individual filing the complaint for divorce and the defendant is the other party receiving the compliant. The application will include the reason for divorce.  Typical reasons for divorce like incompatibility and non-cohabitation are considered a “no fault” divorce.

Dividing Community Property

Second, property and assets will be divided. Since Nevada is a Community Property state, the assets and any debts acquired during the marriage will be divided evenly between both parties. Should both parties not agree on how to share property, the Family Court will assist.

Determining Alimony

Third, the Court will decide if alimony (or spousal support) will be paid by one of the individuals to the other. This is determined by an appraisal of earnings and financial resource, but is done so on a case-by-case basis.

Child Custody and Child Support

Lastly, if children are involved, the Court will make child custody decisions in the best interested of the child if the parents were unable to reach an amicable agreement. Depending on the child custody arrangement, the Court will decide who and at how much child support will be paid to the parent with primary physical custody.


Seek Skilled Legal Representation

Of course, no two divorces are the same. The Family Court will make decisions that will impact your life and your children’s life after divorce. Meet with a skilled attorney - one that is strategic, confident, and accessible because your future depends on it.