Nevada Divorce Laws
Nevada is a no-fault state. This means that in this state, the spouse who files for divorce doesn’t need to prove that the other spouse was in any way at fault. They just have to state they are no longer compatible.
Grounds and Jurisdiction
The courts of Nevada have jurisdiction over a cause of action for divorce for three causes: Insanity existing for two years prior to commencement of the action; Separation for one year or longer without cohabitation; and Incompatibility.
Common law marriage is now only recognized in a few states, although a common law marriage created in one state will generally be recognized in others (including Nevada). While Nevada doesn’t permit the creation of Common Law marriages here, it does allow couples to deliberately create a similar situation in terms of shared property.
Uncontested divorces, meaning you and your spouse are in agreement about the issues in your divorce, do not require a Las Vegas court hearing and are faster and less expensive.
Preliminary Matters and Motions
Either party, upon request, may obtain a “Joint Preliminary Injunction,” or “JPI.” More specific requests for assistance from the Court must be requested by motion, which may be filed at any time from the filing of the divorce Complaint until the end of the case.
“Mediation” can be defined as “A settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement.” In other words, a neutral attempt to help parties reach agreement.
Joint Petition Divorces
Joint petition divorces are the simplest way to file and obtain a divorce when both parties agree to all terms of the divorce, also known as an uncontested divorce.
Separate Maintenance (“legal separation”)
A “Separate Maintenance” Decree, sometimes (but improperly) called a decree of “legal separation,” can determine and settle spouses’ financial responsibilities to one another, and the possession and control of property.
In Nevada today, essentially every family law issue should be resolved identically no matter the gender of the two parties involved. This goes for the rules governing marriage, divorce, guardianship, adoption, termination of parental rights, and every other family law issue that previously could be an issue between opposite-sex parties.
Nevada is a community property state, with a presumption of equal division upon divorce; that presumption can be overcome only for “compelling circumstances,” such as the financial misconduct of wasting or secreting assets during the divorce, or the loss, destruction, or unauthorized gifts of community property.
Military Retirement Benefits
When you become a retirement-eligible military member, there are some benefits you’ll want to use and are entitled to after your years of service have ended. The Willick Law Group has substantial experience dealing with military retirement benefits cases.
For a flat fee of $100, the Willick Law Group will review any defined benefit or defined contribution QDRO for legal and mathematical accuracy. Many such errors can be corrected, and we will advise, if we find an error, what could be done to address it.
Millions of Americans are covered by employer sponsored pension plans, both public and private. Retirement benefits are usually the most valuable asset accrued during a marriage. For this reason, whether and how to divide a pension plan in a divorce is critical.
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