Marriage and Divorce

Marriage and Divorce

All property acquired after marriage by either husband or wife is presumed to be “community property,” unless (1) otherwise provided by agreement, or (2) otherwise ordered by a court. Community property means that both husband and wife have an ownership interest in the property regardless of whom acquired the property, although there are exceptions to this general rule.

The most common ground for receiving a divorce is where the husband and wife are “incompatible.” When obtaining a divorce due to incompatibility it is important to remember that you or your spouse have a right to get a divorce even if the other party does not want one.

You 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. The most common way to prove residency is by providing 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 Nevada Court.

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) 396-8888 as these types of matters are decided on a case by case basis.