Although the divorce process in Nevada is straightforward, basic knowledge on Nevada Divorce Law is helpful. Being informed will help make your experience as less painful as possible.
Because of the changing nature of human life, there is also a need to continuously modify laws which govern human interactions. And divorce laws are no exception. So, if you are getting a divorce in Nevada, you must educate yourself with Nevada law updates. Fortunately, we have done the dirty work for you.
Significant Changes in Nevada Divorce Law
Here are some Nevada divorce law updates that you would want to know:
Residency Requirement
Nevada is considered as one of the ideal states to get a divorce. It earned a reputation for ‘quickie divorce’ because of its 6-week residency requirement compared to other states, which require up to one year of residency prior to filing a petition. Assembly Bill No. 337 sponsored by Assemblyman John Hambrick could have made getting a Nevada divorce easier. The bill sought to eradicate the period requirement completely by giving courts the jurisdiction to grant divorce to any Nevada resident. However, it only reached the Committee on Judiciary and was not approved into a Nevada divorce law. But if the state’s history of favoring flexible marriage dissolution is any indication, there is a high chance that a similar bill will again see the light of day.
Payment of Fees
Before getting a divorce in Nevada, you must also consider the costs. In July 2015, a new law was passed, which established additional fees for certain motions in an action for divorce. You will be charged an extra $129 for filing a motion to modify, adjust, or enforce a final order for divorce. On the other hand, filing an opposition, answer, or a reply to such motion will cost an additional $57. The proceeds of the additional fees can only be devoted for the benefit of the district court. It is a part of reviving the marriage industry in Nevada that has been in a decline for the last 10 years. Law makers aspire to use the proceeds in advertising marriage tourism in the state.
Division of Property
Previously, Nevada divorce law provides that the court must order an equal disposition of the spouses’ community property, properties held in joint tenancy, as well as military retirement benefits. Under the Statutes of Nevada 2015 (Chapter 170), federal veteran benefits are now protected from any attachment, levy, or disposal pursuant to a divorce order. The only exception to this is a premarital agreement entered into by the spouses.
Award of Alimony
The same chapter in the Statutes of Nevada 2015 bars the courts from considering federal veteran benefits in awarding alimony or spousal support. Again, only a premarital agreement serves as an exception.
Custody of Children
Nevada divorce law updates include the approval of Assembly Bill No. 263, which repealed a huge chunk of children custody provisions relating to Nevada divorce. The amendment expanded the scope of the law to all children, whether born to married or unmarried parents.
The new law grants joint legal and physical custody to both parents, absent a contrary court order. It is in line with the revised state policy of ensuring that a child continues to have a meaningful relationship with his parents even after their divorce. But this does not preclude the court from denying joint physical custody if it sees that it is in the child’s best interest.
In addition, the current law discourages relocation with the child to another state, far from the other parent. Prior to relocation, the custodial parent must first obtain a written consent from the noncustodial parent and state the purpose for the relocation. In case of violation, the injured parent is given recourse to the courts. The violating parent may be charged fees or be convicted of a category D felony.
A divorce is already upsetting as it is. Do not hassle yourself further because of misinformation or ignorance. Before getting a divorce in Nevada, see to it that you are familiar with Nevada law updates.