Nevada Family Law: An Overview
Family law covers some of the most important aspects of life in Nevada. Whether you are planning to get married in Las Vegas, or looking to work out child custody arrangements after a divorce in Reno, a good understanding of Nevada state law is essential.
Family law in Nevada includes the legalities behind weddings, divorces, child support and adoption. These can be complex and sensitive issues, with many families understandably turning to Nevada attorneys for advice.
LawInfo’s Nevada Family Law section includes legal overviews, summaries of state laws and other resources to help you make the right decisions for you and your family.
Nevada Prenuptial Agreements
Ahead of their big wedding day, many couples choose to plan ahead on how they would share their assets and interests if they ever got divorced. Under Nevada law, a prenuptial agreement (also known as a “prenup”) can be created to clearly and legally lay out how things like property, child custody and finances will be divided if a couple decides to end their marriage.
Prenuptial agreements need to be voluntarily agreed in writing by both people getting married, and both also need to be transparent about their property and financial obligations. Such issues can rapidly become complicated, which is why many couples will seek out attorneys that can help them draft a prenup that will minimize problems later on.
Nevada Marriage Law
In a state particularly famous for weddings, it’s really no surprise that Nevada has some important marriage laws to take note of. For any couple seeking to get married, both parties must:
- Be at least 18 years old (without parental consent)
- Be capable of consenting to the marriage
- Not already be married to a husband or wife who is still alive
Before getting married a couple must also obtain a marriage license from a county clerk. This requires the payment of a fee and both parties must show identification proving their name and age. There is no waiting period once the marriage license is issued and it remains valid for one year. Remember also that neither person getting married needs to be a resident of Nevada.
Nevada Divorce Requirements
When a marriage in Nevada breaks down, there are specific legal requirements for filing for divorce in the state. This begins with the requirement that one spouse must have lived in Nevada for at least six weeks before the proceedings begin. The person filing for divorce must then state the cause of the marriage ending. The reasons Nevada accepts as grounds for divorce are:
- One party is shown to have been insane for at least two years before the divorce is filed
- The couple has lived apart for at least one year
- The couple’s marriage has irretrievably broken down
As in many other states, Nevada allows for “no fault” divorce, which means that there is no need to prove your spouse did anything wrong. It is simply enough to show that the marriage is now beyond repair.
Nevada Annulment Requirements
Las Vegas might be famous for hasty marriages followed quickly by regret, but Nevada still has strict laws on when a marriage can be annulled. To dissolve a marriage through this process, one party to it must show that there are good reasons why the marriage should be considered invalid. These include:
- that one party is underage,
- that they were incapable of understanding their consent to marry, or
- that the marriage was consented to as a result of the fraud of one party.