Divorce – Dissolution Of Marriage
Nevada is a No-Fault State
Nevada Revised Statutes Chapter 125 addresses the dissolution of marriage. Nevada is a no-fault state which means that the reasons for the dissolution of the marriage are often inconsequential. As such, establishing blame for the failed marriage is not relevant to the divorce action. A Court will dissolve a marriage if a party claims any of the following causes of action: 1) Insanity existing for 2 years prior to the commencement of the action; 2) When the spouses have lived separate and apart for 1 year without cohabitation; and 3) Incompatibility.
Residency Requirements for Divorce
In order for a Nevada Court to exercise jurisdiction over a divorce, at least one of the spouses must reside in Nevada for “not less than” 6 weeks preceding the filing of the divorce action.
Separating Community Property
Nevada is a community property state which means that property, assets and debts acquired during the marriage are divided equally. This includes, the marital residence, automobiles, real estate investments, bank accounts, businesses, retirement accounts, etc. Credit card debt, lines of credit and other debt (both secured and unsecured) are also subject to division. Separate property includes property owned by a spouse before the marriage, or property acquired during the marriage by gift, bequest, devise, descent or by an award for personal injury damages. Separate property is not subject to division. However, a premarital or post-marital agreement may effect the division of property and debts.
If you are currently going through a divorce or contemplating a divorce, contact The Cooley Law Firm at (702) 265-4505 to discuss your legal objectives and to learn about your rights and responsibilities under the law.