Best State for Divorce?
Is Nevada the best state for a divorce? Popular wisdom has held this to be the case and Nevada has the highest divorce rate of any state (probably because many people establish residency for six weeks to take advantage of the quick divorce laws).
On the positive side, the six week residency rule is the lowest of any state, and after establishing residency you can get an uncontested divorce in as little as 48 hours. As a no-fault state, you do not need grounds for divorce like some other states. Nevada is also a community property state, so any assets acquired during the marriage are split 50-50. There is also a formula for child support that reduces litigation and uncertainty.
On the down side, it can take years for a contested divorce to go through. The three biggest time wasters are: custody disputes (which often require court-ordered evaluations), alimony (no formula and hence lots of room for argument), and division of business assets (what is a company worth?). It is not unusual for such complex cases to last two years or more with numerous motions, discovery, and hearings. Also, assets that continue to increase in value (like 401k accounts and business assets) are still considered community property until the final decree is issued (unlike California where community property ceases when the complaint for divorce is filed).
The bottom line: Nevada is great for an uncontested divorce but in a contested divorce you may not get the speedy resolution you are looking for. Nowhere is the old adage “time is money!” more true than in family court.
