Nevada: Divorce Rights of Spouses

• Either spouse can file for divorce in Nevada if at least one of them has been a state resident for six weeks. Nevada courts recognize several grounds for divorce, including separation of at least one year, irreconcilable differences or one spouse's mental illness if diagnosed at least two years before filing. During the divorce proceeding, the court will address the spouses' rights to property, alimony and child custody.

Property

• During divorce, spouses have the right to their separate property, as well as a portion of the marital property. Separate property includes anything acquired by one spouse before the marriage, one spouse's personal injury award or a family gift or inheritance received by one spouse during the marriage. All other property is a marital asset and under Nevada law, marital assets are divided according to community property guidelines. Community property states divide marital property equally between the spouses.

Alimony

• Spouses also have a right to seek alimony during a divorce. Alimony is not awarded based on gender or as punishment because of fault in ending the marriage. In Nevada, factors affecting alimony include the duration of the marriage, the spouses' ages and any health issues, the spouses' incomes, the spouses' needs, whether the spouse seeking alimony has been working and whether that spouse will need education or training before returning to work.

Custody

• Nevada statutes outline the spouses' custody rights if they have children. Neither spouse is given preference based on the parent's gender or the child's. Courts decide custody based on the "best interests of the child" standard. Joint custody is presumed to be the arrangement to allow the child to maintain meaningful contact with both parents.

  Even when awarding joint custody, the court must select a primary custodian. When doing so, the court will examine the parents' physical and mental health, especially if either will affect the parent's ability to care for the child, the parents' relationships with the child, each parent's past and current roles in caring for the child, the child's needs, whether the parents can maintain a cooperative relationship in raising the child and any incidents of domestic violence.

  Parents must follow court-ordered custody arrangements. However, if circumstances change, the court will consider modification when it is in the child's best interests. The same criteria must be re-examined before a change is made.