>> Feb 3, 2016
When couples get married, their marriage is recognized at the state level. When marriages break down and end in divorce, each state also has their own laws that govern divorces. The restrictions and requirements regarding divorces can vary a great deal from state to state. Historically, Nevada has relatively lenient divorce laws compared to other states.
Although most of the Las Vegas laws that surround divorce are straightforward, it is still important couples understand each of them as they make the important decision to dissolve their marriage.
No Fault Divorces in Las Vegas
The state of Nevada is strictly a No Fault Divorce state. This means all Las Vegas couples file for a no fault divorce. A no fault divorce is one that does not place blame on either spouse. Instead, irreconcilable differences or incompatibility is cited as as the reason for ending the marriage.
Although neither spouse is considered responsible for the marriage’s end, a reason for the divorce still needs to be stated as the official grounds for divorce. In Nevada, this is formally referred to as “irretrievable breakdown.”
No fault divorces can be easier to navigate since neither spouse is attempting to place blame on the other for behaviors or actions that ultimately caused the end of the marriage. Even still, a Las Vegas divorce attorney can help explain the Nevada divorce process and advise you on your rights. And, if children are involved, it is always beneficial to have an attorney help you understand issues involving child custody and support.
Other Ways to End a Marriage
While Nevada only recognizes no fault divorces, some couples can end a marriage via annulment. There are only a few circumstances where a marriage can be annulled:
1. Consent not given (usually involving minors)
2. Incapacity (lack of understanding in entering the marriage)
If any of these can be proven, a spouse can seek an annulment rather than a divorce in Nevada.
Filing for Divorce
In order to file for divorce in Nevada, at least one spouse must be a resident of the state for at least six weeks. Once this residency requirement is met, either spouse can file a Complaint for Divorce. After the complaint is filed, the named spouse will need to be served with divorce papers.
If both parties can agree on matters involving property division, child support and custody, the process of divorcing in Las Vegas can be done quickly. After all relevant issues have been sorted out, a Final Decree of Divorce will be entered. There is no waiting period at this time for Las Vegas couples seeking a divorce. Once the divorce decree is entered, the marriage is over and the couple is officially divorced.