There is nothing easy about the decision to end a marriage. Beyond the emotional toll of the situation, there are many moving parts and a great deal of uncertainty that comes with it. This is why when you are considering a divorce, the last thing you want to do is to drag things out, to waste money, and to make your overall situation worse.
The state of Nevada has historically recognized that legal process of obtaining a divorce should not be a painful one. Over time, the legislature has therefore taken steps to address this by establishing a short residency requirement and creating a no-fault system of obtaining a divorce. As a result, many people choose to pursue a divorce in Nevada.
Nevada’s Six Week Residency Requirement
Nevada’s residency requirements are amongst the shortest in the nation. Nevada only requires that a person live in the state for six consecutive weeks prior to filing for a divorce. To prove this, a spouse needs to provide an affidavit from a Nevada resident attesting to this six-week stay. This is a far shorter residency requirement than many other states, which translates to a faster divorce for those who want to move on with their lives or onto new relationships. Indeed, some states require that parties not cohabit for a period of time or go through counseling prior to permitting them to seek a divorce. A caveat of Nevada’s short residency requirement, however, is that while this six weeks gives a court jurisdiction to grant a divorce, it does not overcome the six month requirement to enter orders regarding child custody.
Nevada is a No Fault State.
In addition to a short residency period prior to filing for divorce, Nevada was among the first in the country to allow for a “no-fault” divorce (although this is now far more common around the country). What is a no-fault divorce? It basically removes the requirement that either spouse prove that the marriage ended because of the misconduct of the other spouse. In other words, to get a divorce decree, neither side can put on the highly volatile evidence regarding adultery, abuse, substance abuse, or abandonment in an attempt to have the other party punished for those actions. Instead, a spouse only needs to state that they were incompatible, or that they have already been separated for a full year. The removal of this explosive testimony can cut down a lot of the tension and animosity that could otherwise come from divorce proceedings. That being said, issues such as adultery, abuse, or substance abuse may be relevant if community funds were wasted or if children are involved.
Trust Viloria, Oliphant, Oster & Aman L.L.P. to Fight for You
Viloria, Oliphant, Oster & Aman, L.L.P. provides high quality legal representation to clients who need to resolve family law issues, such as prenuptial agreements, separation agreements, divorce, alimony, or child custody. If you need help ending your marriage, you have significant legal rights and don’t have to go through this alone. Let our experienced and compassionate attorneys help you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 210-8178 to schedule a consultation or contact our office through our website.