The Divorce Process in Nevada
Demographically, Nevada is one of the fastest growing states in the US. The population is predominantly Christian with the Roman Catholics comprising 44% of the population. 20% of the population is not affiliated to any religion. Nevada is one of the least conservative states with religion playing little role in the political and social life. Nevada is known world over for being a Divorce Heaven. In the last few decades, it has continuously retained its reputation of being a state with the highest divorce rate. In 1990, the divorce rate stood at 11.4/1000 population which gradually mellowed down to 6.4/1000 population by 2004. Various socioeconomic factors determine the stability of the institution marriage in a society. The Out-of-Wedlock birth rate in Nevada in 1998 was 34.7%, which is quite high. The Teen Birth Rate also stood at an intermediate level of 13.1%. Nevada is the 4th state, so far as the rate of cohabitation is concerned, i.e. 7.2%. Nevada has a high level of education with the high school graduates constituting 80.7% of the population. The state's Median Household Income is $ 47,231. The Per Capita income stands at $21,989, which is high as compared to the national average. There is no such thing as personal income tax in Nevada. The median age at first marriage is also quite high. For men it is 26.3 years and, for women, 23.7 years. Thus, one can conclude that the socioeconomic factors in Nevada are not particularly tilted against the institution of marriage. Yet Nevada has an exceptionally high divorce rate because of its ultraliberal divorce laws born of historical necessity, owing to which people from all around the US flock Nevada to avail themselves of these facilities.
Before filing a divorce suit in a District Court in Nevada, one has to satisfy certain residency requirements. As per the law, the divorce process can be initiated in any county in which the cause for divorce occurred; in which either of the two spouses reside; in which the two spouses last cohabitated; or if the plaintiff has resided in Nevada for a period of 6 weeks just prior to the filing of the suit. If the two spouses have not been the residents of the county in which the cause for divorce occurred, then a divorce suit can be filed only if either of the two spouses has been a resident of Nevada for a period of 6 weeks just prior to the filing of the divorce (Nevada Statutes: Title 11- Chapter 125- Sections: 020).
Nevada has provision for both the fault- and no-fault based grounds for divorce. The only fault-based ground for divorce is incurable insanity. A no-fault divorce can be granted only on the grounds of separation without cohabitation for one year or incompatibility. Citing insanity as a ground for divorce does not absolve the other party from supporting the insane spouse (Nevada Statutes: Title 11- Chapter 125- Sections: 010). The spouse who initiates the divorce process is known as the Plaintiff while the spouse on whom the divorce papers are served is called the Defendant. On the application of either spouse, the court may order the other spouse to pay for temporary maintenance and child support, till the case is pending. A final Decree of Divorce dissolves the marriage forever.
So far as the division of property is concerned, Nevada is a Community Property state. All the property acquired by the parties subsequent to marriage is divided equally by the court. The court may resort to the discretion of dividing the community property in an equitable manner, as deemed just and fair by it (Nevada Statutes: Title 11- Chapter 125- Sections: 150).
The court has the power to award maintenance to either of the two spouses in lump sum or in installments over a specific period of time. The court may set aside a part of the separate property of either of the two parties for maintenance and child support. While deciding alimony the court considers various factors such as the employability of the recipient and his/her contribution to marriage (Nevada Statutes: Title 11- Chapter 125- Sections: 150).
The Nevada Law favors a joint custody under ideal circumstances. While deciding child custody, the court focuses on the best interest of the child. The court takes into consideration, the wishes and the needs of a child, besides various social, emotional and psychological factors. A parent having a history of domestic violence may be denied custody. In exceptional cases, the custody may be awarded to a third person (Nevada Statutes: Title 11- Chapter 125- Sections: 480 and 490).
The court may order either or both the parents to pay for child support. The child support is calculated in accordance with the Nevada Child Support Guidelines after deliberating over the needs of the child and the income of the parents.
James Walsh is a freelance writer and copy editor. For more information on getting a Divorce see http://www.quickie-divorce.com
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