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What is Divorce?

A divorce is a legal proceeding that terminates a legal marriage. While there is no constitutional or federal right to marriage, all states allow for a legal status called marriage. Each state controls what a legal marriage is, and what rights a spouse has when married. Because each state sets the laws for marriage each state also sets the laws for divorce.

The state you can file a divorce in is called jurisdiction. You cannot automatically file your divorce in the state you got married in. You are only allowed to file a divorce in the state you and, if applicable, your children are currently residing in. Jurisdiction or knowing what state to file your divorce in can be confusing. To ensure you are filing your divorce in the right state, one of our Las Vegas divorce attorneys can walk you through these jurisdictional questions.

Is Legal Separation Required?

Legal separation before a divorce is not required in Nevada. A legal separation does not dissolve the marriage or your status as a spouse. Instead, it terminates your financial obligations so that you and your spouse will no longer share community assets or debts. Some states allow conversion divorce. After a statutorily mandated period of separation, conversion divorce converts a legal separation into a legal divorce.

No-Fault Divorce

Most states have adopted no-fault divorce laws. No-fault divorce means you no longer have to prove adultery or other undesirable behavior to be granted a divorce. Instead, the court only needs to find 1) that the relationship is no longer viable, 2) that irreconcilable differences have caused an irreparable breakdown of the marriage, 3) that discord or personality conflicts have destroyed the legitimate ends of the marital relationship and preclude any reasonable possibility of reconciliation, or 4) that the marriage is irretrievably broken.

What is an Uncontested Divorce?

Uncontested divorce refers to a divorce action in which the court grants the desired divorce without requiring large amounts of litigation. In summary, an uncontested divorce is one in which the parties do not dispute the divorce or the conditions of their separation. Working with a dedicated divorce lawyer in Las Vegas will make things easier.

For a divorce to be uncontested, the parties must agree in writing to resolve any problems. In Nevada, the process is started by completing forms called a joint divorce petition. The forms explain the terms of the divorce. Both spouses then sign the joint petition. The judge reviews the petition and authorizes the divorce. The whole process takes about three weeks.

Before initiating an uncontested divorce, it is essential to get familiar with the state-specific processes for this type of action. Consult state laws and a Las Vegas divorce attorney for further information.

What is Property Division?

In a divorce, the court must split the couple's property. During property division procedures, courts recognize two distinct forms of property: separate and community property.

"Community property" refers to any property the spouses collectively owned during the marriage. “Separate property” consists of any property one spouse acquired and owned before the marriage. Nevada courts divide community property equally. Separate property is not divided. Property division can be complex when a spouse mixes their community property with separate property. This occurs when wages earned during the marriage are contributed to a separate property bank account or separate property asset. A Las Vegas divorce attorney free consultation can help clarify any points about property division during a divorce.