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Nevada Divorce

Nevada Divorce Residency Requirements

To file for Nevada divorce, one of the parties must have lived in the State for at least six weeks prior to filing for divorce unless the cause for the divorce took place in the county in Nevada where the spouses actually lived at the time of the happening of the cause.

Nevada Divorce Filing Requirements

 A Nevada divorce should be filed in the county:

  • where either spouse resides;

  • where the spouses last lived together,;

  • where the cause of the divorce took place; or 

  • where the plaintiff resided for 6 weeks immediately prior to filing for divorce.

Nevada Divorce Grounds

The grounds for Nevada divorce are:

  • incompatibility;

  • living separate and apart without cohabitation for 1 year; and

  • insanity which existed for at least 2 years before filing for the divorce.

Nevada Summary Divorce:

A summary Nevada divorce may be granted if 

  • either spouse has been a resident of the state for at least 6 weeks, 

  • the spouses are incompatible or have lived separate and apart without cohabitation for 1 year,

  • there are no minor children (born or adopted) and the wife is not pregnant, or the spouses have signed an agreement specifying the custody and support of the children, 

  • there is no community or joint property or the spouses have signed an agreement regarding the division of their property and the assumption of their liabilities and have signed any deeds, titles, or other evidences of transfer of property, 

  • both spouses waive their rights to spousal support (maintenance) or the spouses have signed an agreement specifying the amount of spousal support, 

  • both spouses waive 

    • their rights to notice of entry of the final decree of divorce, 

    • their rights to appeal the divorce, 

    • their rights to request findings of fact and conclusions of law in the divorce proceeding, and 

    • their rights to a new trial and 

  • both spouses want the court to enter the decree of divorce.

A party may also file for a default Nevada divorce by filing a default affidavit. The affidavit should: 

  • state that the residency requirements have been met; 

  • state that all of the information in the petition is correct and true on the personal knowledge of the person signing the affidavit; 

  • state that the affidavit contains only facts that would be admissible into evidence; 

  • give factual support for each allegation in the application and 

  • establish that the person signing the affidavit is competent to testify.

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