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5 Things To Know About Nevada Divorce Law

TOP 5 THINGS EVERY PERSON NEEDS TO KNOW ABOUT NEVADA DIVORCE LAW

  1. Nevada is a community property state.  All assets acquired during marriage are presumed to be community property, and in the event of divorce, those assets will be divided equally between a husband and wife regardless of who may have been the breadwinner during the marriage.   Likewise, debts incurred during marriage by either party are treated as community debts and typically divided 50/50 in a divorce.    
  2. You or your spouse must be a resident of Clark County, Nevada for 6 weeks before a divorce complaint can be filed. Residence is defined as physical presence plus the intent to remain Nevada your home for an indefinite period of time.
  3. Nevada law requires that both parties make a full disclosure of assets and income as part of any divorce action.  Each party is required to file a Financial Disclosure Form with the Court, within 45 days after the case begins, informing the Court and your spouse of all assets, debts, income, and expenses.  Sanctions can be imposed against you for any deliberate concealment of assets or misreporting of income/expenses.
  4. Prenuptial agreements are valid under Nevada law.  There are specific requirements that must be adhered to when such an agreement is signed.  However, if done correctly, such agreements are enforceable.
  5. In all cases involving minor children, the final custody order must set forth a specific and detailed custody/visitation schedule that can be enforced by a Court.  General statements that custody shall be shared by mutual agreement or that custody shall be as agreed upon by the parties are not acceptable. 

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