Filing for Divorce in Nevada

• Your spouse is insane and has been for at least two years before you file. There must be professional evidence of your spouse’s insanity. You may be ordered to pay.
• Support for the care of your spouse.
• You and your spouse have lived separately for at least one year.
• You and your spouse are incompatible.  

You and your spouse may seek a summary dissolution of your marriage, a faster and simpler divorce, if you meet these requirements:

• You and your spouse have lived separately for at least one year or you and your spouse are incompatible.
• You and your spouse have no children together or you’ve prepared an agreement for your child’s custody and support, and the wife is not pregnant.
• You have no community or joint property or you’ve prepared an agreement to divide your assets and debts.
• You both waive spousal support (alimony).
• You both waive rights to hearings and appeals.
• You both seek a divorce.  

4. How does Nevada determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. The court will look at your community property — anything you and your spouse acquired during your marriage — and divide it in any way that seems most fair.  

Property that you had before you were married or income produced by that property remains your own separate property. Property you received as a gift or inheritance also is separate property.  

If one of you contributed your separate property toward the acquisition or improvement of your community property (a down payment on something, for instance), the court may order the other to pay reimbursement. In this situation, the court will consider you and your spouse’s intentions when contributing your separate property and how long you were married.  

Pension or retirement benefits also may be divided between you and your spouse. The court will look at how long during your marriage you were employed and accruing benefits. Any estimated increase in the value of those benefits as a result of a raise or promotion will not be divided.  

5. Does Nevada require mediation before a divorce is granted?  
Mediation is not generally a requirement in Nevada. In counties with a population of 100,000 or more, mediation is mandatory when there is a dispute over child custody or visitation (unless there is evidence of domestic abuse in your case).