Top 25 Myths About Getting Divorced in Nevada

Myth 1: You Need to Prove Fault to Get a Divorce

Nevada is a no-fault divorce state, which means you don’t need to prove adultery, abuse, or any other specific wrongdoing to get a divorce. The most common grounds are incompatibility or living apart for at least one year.

Myth 2: Only Long-Term Residents Can File for Divorce

You can file for divorce in Nevada if either spouse has lived in the state for at least six weeks. Compared to other states, Nevada has one of the shortest residency requirements.

Myth 3: Divorce Always Means Going to Court

Many divorces in Nevada are settled out of court through mediation or collaborative agreements. Court appearances are often reserved for contested cases.

Myth 4: Assets Are Always Split 50/50

Nevada is a community property state, meaning marital assets are generally divided equally. However, exceptions can occur, such as when prenuptial agreements or individual property claims are involved.

Myth 5: Prenuptial Agreements Are Always Ironclad

While prenuptial agreements hold significant weight, they can be challenged if they were signed under duress, lack full disclosure, or are deemed unconscionable.

Myth 6: The Mother Always Gets Custody

Nevada courts prioritize the child’s best interests and do not favor one parent over the other based on gender. Joint custody is common unless one parent is deemed unfit.

Myth 7: You Can’t Get Divorced If Your Spouse Refuses

In Nevada, one spouse’s refusal to sign divorce papers doesn’t prevent the divorce from proceeding. If necessary, the court can issue a default judgment.

Myth 8: You Lose Everything If You Cheat

Infidelity does not impact the division of assets or spousal support in Nevada since it’s a no-fault state.

Myth 9: Divorce Is Always Expensive

The cost of a divorce varies widely depending on factors like complexity, attorney fees, and court costs. Simple uncontested divorces can be relatively affordable.

Myth 10: You Don’t Need a Lawyer for Divorce

While it’s possible to handle a divorce without legal representation, an experienced attorney ensures your rights are protected and avoids costly mistakes.

Myth 11: Only Wealthy Couples Need Legal Help

Legal representation is beneficial for all divorces, regardless of wealth, especially when dealing with child custody, spousal support, or property division.

Myth 12: Spousal Support Is Guaranteed

Alimony or spousal support isn’t automatic in Nevada. It’s determined based on factors like the length of the marriage, each spouse’s financial situation, and earning capacity.

Myth 13: All Debts Are Divided Equally

Community debts incurred during the marriage are generally shared, but individual debts from before the marriage or after separation may remain separate.

Myth 14: Divorce Proceedings Are Private

Divorce filings in Nevada are public records, but sensitive financial or personal details can sometimes be sealed by the court.

Myth 15: You Can’t Modify Custody Orders

Child custody arrangements can be modified if there’s a significant change in circumstances or if it’s in the child’s best interest.

Myth 16: Fathers Don’t Get Custody of Young Children

Nevada courts aim to ensure both parents remain actively involved in their child’s life, regardless of the child’s age.

Myth 17: A Quick Divorce Is Impossible

Nevada’s streamlined process allows for a divorce to be finalized in as little as one to three weeks for uncontested cases.

Myth 18: Property Acquired After Separation Isn’t Shared

Until the divorce is finalized, property acquired during the separation period may still be considered community property.

Myth 19: Mediation Always Resolves Everything

Mediation can help resolve many issues, but some cases require court intervention to address unresolved disputes.

Myth 20: The Judge Always Favors the Breadwinner

Nevada courts consider various factors, not just income, when determining asset division and spousal support.

Myth 21: You Can Hide Assets During Divorce

Hiding assets is illegal and can lead to severe penalties, including losing your share of the hidden asset and potential criminal charges.

Myth 22: You Can’t Relocate With Your Child

Relocation with a child after divorce requires court approval if the other parent doesn’t consent. Courts decide based on the child’s best interests.

Myth 23: Common-Law Marriages Are Recognized

Nevada does not recognize common-law marriages. Only legally married couples can file for divorce in the state.

Myth 24: You Can File for Divorce Anywhere in Nevada

Divorce must be filed in the county where either spouse resides, such as Clark or Nye County.

Myth 25: Divorce Is the End of Your Legal Relationship

Post-divorce issues like co-parenting, child support adjustments, and property disputes may require ongoing legal attention.

Conclusion

Understanding the realities of divorce in Nevada can make the process smoother and less stressful. At Battlefront Legal, we’re dedicated to providing clear guidance and compassionate support throughout your divorce journey. If you have questions or need representation, contact us today for a consultation. Let us help you debunk myths and move forward with confidence.