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Nevada Joint Petitions for Divorce
Nevada provides a consensual divorce process, whereby if the two parties to a divorce agree, then they may jointly petition a Nevada District Court to obtain a divorce. Only one of the petitioners must be a Nevada resident (see related article on Residency) however, both parties must sign the Joint Petition which must be notarized at the time of the signing of the parties.
A Marital Settlement Agreement which generally covers issues of property, debts, child custody, support and visitation, may be incorporated into a Joint Petition Divorce Decree even if that Agreement was prepared in another State. However, Nevada may then obtain jurisdiction over the parties and their children. If the parties to a Joint Petition do not have children, then it is usually fairly easy for a simple division of debts and property to be included in the Joint Petition. However, more complicated property divisions should have their own separate, written, legal agreement.
Once the Petition has been filed, along with an Affidavit of Resident Witness, generally the divorce is completed within a matter of days. This process is relatively inexpensive for those parties that can agree to an amicable divorce.
The court may award alimony to either spouse. A spouse seeking to obtain alimony must specifically request it in the complaint. In determining the need, duration and amount of maintenance, the court considers the faults and merits of each spouse (Nevada is one of only a few states that consider the misconduct of a spouse), the financial condition of each spouse after the divorce, the actual ownership of property being used for spousal support, the need of support for schooling, training or education in order to get a job, career, or profession, and the career enhancements obtained during the marriage as a result of efforts by the spouse requesting support.
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