Divorce is challenging for almost any couple. However, many same-sex couples in Nevada may find themselves unfamiliar with the process, making it even more fraught.
Understanding the specific considerations involved is important for those seeking to dissolve their unions in the Silver State.
Legal recognition of marriage
Nevada has been at the forefront of recognizing and legalizing same-sex marriages. Since 2014, when a federal court ruling overturned the state’s ban on same-sex marriage, couples have had the legal right to marry, and subsequently, to divorce. The state was also the first to enshrine same-sex marriage protection in its constitution.
Residency requirements
Before initiating a divorce, couples must meet certain residency requirements. At least one of the spouses must have lived in the state for a minimum of six weeks before filing for divorce. This requirement underscores the importance of establishing legal residency before commencing the divorce process.
Grounds for divorce
The state operates under a no-fault divorce system, which means that neither party needs to prove fault or wrongdoing to dissolve the marriage. Couples can cite “irreconcilable differences” as the grounds for their divorce, simplifying the proceedings.
Division of assets and debts
The division of marital property is a part of most divorces. The court follows the principle of equitable distribution, aiming for a fair split of assets and debts. Understanding how this process works ensures that both parties can navigate the division with clarity and fairness.
Child custody and support
For same-sex couples with children, determining child custody and support arrangements is a key aspect of the divorce process. Courts prioritize the best interests of the child when making custody decisions. Creating a comprehensive parenting plan and understanding the factors that influence custody decisions can help parents get through this aspect of divorce successfully.
Same-sex couples in Nevada must understand the intricacies of divorce and how it plays out in their specific circumstances.
