common ground for receiving a divorce is where the husband and wife
are "incompatible." Other grounds are:
- insanity of either
party existing for two years prior to the commencement of the
action for divorce; or
- where the parties
have lived separate and apart for 1 year without cohabitation.
can only get divorced in Nevada if one of the parties is a resident
of the state of Nevada for at least six weeks prior to the filing
of the Complaint for Divorce. You must be able to provide a witness
who lives in Nevada, to testify that you have lived in Nevada for
at least six weeks prior to your filing for Divorce.
After filing a Complaint
for Divorce, the Court will decide issues relating to the division
of any commonly held property; whether spousal support is indicated;
what custody arrangements should be made in relation to minor children
(including child support); and any other issues requested in the
Divorce complaint. Generally, property and custodial decisions involving
non-appearing and out-of-state parties may not be decided by the
Any "community property"
(commonly held between the parties) will be divided equally as much
as possible unless the Court finds a significant reason the property
should be divided unequally. You can divide the property yourselves
providing that the agreement you reach is in writing and approved
by the Court. The Agreement must also outline child support considerations
as well as specify the payment arrangements for debts owed.
A prenuptial agreement
may or may not be enforced as it pertains to property and support
issues, depending on a variety of legal considerations which are
often very complicated. If you are involved in a divorce action
that has an issue regarding prenuptial agreements you should contact
Jeffrey S. Posin & Associates either by e-mail or calling us at
(702) 897-5870 as these types of matters are decided on a case by