FAQ: Family Law

What are the grounds for divorce in Nevada?
Is fault relevant in a divorce action?
Do you have to be a resident to file for divorce in Nevada?

How are property and debt divided in a divorce?
How is child support calculated?
Guardianship FAQ


What are the grounds for divorce in Nevada?

The most commonly used ground for divorce in Nevada is incompatibility. That means one party just doesn't want to be married anymore. The other two grounds are separation for greater than one year and insanity.

Is fault relevant in a divorce action?

No, Nevada is a no-fault state.

back to top

Do you have to be a resident to file for divorce in Nevada?

Yes, you have to affirm that you have lived in Nevada for at least six weeks prior to the filing of a Complaint for Divorce, with the intention of making Nevada your permanent home for at least an indefinite period of time. If there are children of the parties, they must have resided in the state for six months before the state can assert jurisdiction over them.

How are property and debt divided in a divorce?

Nevada is a community property state. That means that all property and all debt acquired during a marriage is the joint property and debt of the parties regardless of whose name is on title, whose income was used to make a purchase, or who acquired the debt. Income of either party is the joint income of both from the date of marriage until the date of divorce. The exceptions are if a prenuptial agreement exists, property was received as a gift or inheritance, or property existed prior to the marriage and was not commingled.

back to top

How is child support calculated?

Nevada's child support scheme is statutory. The non-custodial parent pays a percentage of their gross monthly income to the custodial parent depending on how many children there are. If physical custody is joint, the higher wage earner pays the lower wage earner the difference in the applicable percentage.

back to top


Guardianship FAQ

What is Guardianship?
What is a Guardian of the Person?
What is a Guardian of the Estate?
Is Guardianship permanent?
Who can be a Guardian?
What if my family can't agree on who should be guardian?
What is a Living Will or Directive Relating to Life Support?
What is a Durable Power of Attorney for Healthcare?
What is a Durable Power of Attorney for Financial Matters?

What is Guardianship?

Guardianship is a process where a person is appointed to help take care of and make decisions for another person. There are two general categories of Guardianship: Minor and Adult. Within those, a Guardianship can be over just the Person, just the Estate, or both. The person who is under guardianship is called a "Ward."

What is a Guardian of the Person?

A Guardian of the Person is charged with the responsibility for the care, custody and control of the Ward. This includes the requirement to perform the duties necessary for the proper care, maintenance, education and support of the Ward. The Guardian must make sure that the Ward has food, clothing, shelter, and all other necessities, including an appropriate residence. A Guardian of the Person may also authorize medical, surgical, dental, psychiatric, psychological, hygienic or other remedial care. A Guardian of the Person must also ensure that the Ward is properly trained and educated, and that the Ward has a trade, occupation or profession.

back to top of Guardianship FAQ

What is a Guardian of the Estate?

A Guardian of the Estate has the duty to manage the Ward’s assets. This includes protecting, preserving, managing, and disposing of the Ward’s assets pursuant to the law, and determining what is in the Ward’s best interests. There are certain actions, such as selling real property and making investments, that must be approved by the court before the Guardian can take action. A Guardian of the Estate is also required to apply the Ward’s assets to the Ward for the proper care, maintenance, education and support of the Ward. In addition, a Guardian of the Estate is required to file an inventory of assets after being appointed, and in most cases, is required to file an annual accounting of the Ward’s estate.

Is a Guardianship permanent?

Guardianships can be terminated upon filing a Petition to the Court. A Guardianship of a Minor terminates automatically upon the minor attaining the age of 18. Prior to that, a parent can Petition the Court for the return of their child if they can prove that the circumstances that existed at the time the Guardianship was Ordered, have been rectified. A Guardianship of an incapacitated adult can be terminated upon a finding that the disability that caused the Guardianship in the first instance no longer exists.

Who can be a Guardian?

Under Nevada law, a person must be an adult, over the age of eighteen, never convicted of a felony or suspended or disbarred from the practice of law, accounting, or any other profession involving the management of assets or that requires licensure. A guardian must also be a resident of the state of Nevada.

back to top of Guardianship FAQ

What if my family can't agree on who should be guardian?

• In many cases, friends or family members will often seek guardianship over a loved one. There is an order of preference as to who has priority to serve as guardian. For minor children, the preference is always to a parent, but the Court must consider several factors in determining whether the parent is appropriate to serve as guardian.

• For adults, the first preference is a person nominated by the Ward while they were competent; second, a nomination made by a Will; and third, family members in the following order: 1) spouse, 2) adult child, 3) parent, 4) sibling, 5) grandparent or adult grandchild, 6) uncle, aunt, adult niece or adult nephew.

What is a Living Will or Directive Relating to Life Support?

This is a written document that lets you set forth your wishes regarding the withholding of life support procedures.

back to top of Guardianship FAQ

What is a Durable Power of Attorney for Healthcare?

This is a written document that lets you set forth your wishes with regard to critical care and which appoints an individual to carry out the directives contained within the document. If a Power of Attorney is executed while a person is competent, it may eliminate the need for a guardianship in the future.

What is a Durable Power of Attorney for Financial Matters?

This is a written document that lets you set forth your wishes regarding management of your finances if you are no longer able to do so, and appoints an individual to carry out the directives contained within the document. Typically this document is used to allow another person to access your assets and pay bills and otherwise manage your finances. If a Power of Attorney is executed while a person is competent, it may eliminate the need for a guardianship in the future.

back to top of Guardianship FAQ

Have a question about your family law matter?

Speak to a family law lawyer today from Kunin Law Group, contact us today.