Top Ten Nevada Quickie Divorce Myths
561. You can move to Las Vegas for 6 weeks and get a divorce. Not true. Contrary to what it shows in the movies you have to live in Nevada with the intent to stay for an indefinite period of time. You also need to have evidence of residency including a resident witness who sees you 3-4 times a week and maybe a rental lease, driver's license and/or voter registration.
2. You can get custody of your kids by taking them to Nevada and filing in 6 weeks. Not true. Under the Uniform Child Custody Jurisdiction Act the "home state" determines custody of the child. This is the state where the child has lived for the last 6 months. In most states you cannot take off with your children without consent from the other parent or a court order. Unless it is an emergency Nevada will not allow you to just come here and get custody.
3. You don't need a reason to get an annulment. Not true. Although Nevada does not impose a time limit on an annulment, Nevada makes it clear in its statutes what the reasons are for an annulment. These reasons include being already married, want of understanding, being drunk, committing fraud in the inducement, or any ground which would allow one to rescind a contract in equity. You do not have to be a resident of Nevada to get an annulment if you were married here.
4. You can get a divorce in Nevada if you got married there. Not true. Nevada requires residency of 6 weeks with the intent to stay in Nevada in order to get a divorce by one of the spouses. Divorces are preferably done in the jurisdiction where the parties live to comply with that jurisdiction's laws. If you are from Europe, for example, and get married in Las Vegas, you cannot get a divorce in Las Vegas although you may be eligible for an annulment.
5. Las Vegas marriages and divorces are not valid outside the United States. Not true. Every state must give full faith and credit to the laws of every other state. If you are from overseas and get married in Las Vegas you are married so don't do it as a joke. Similarly, if you move to Las Vegas and divorce your spouse in the Philippines, for example, you are divorced here no matter what your status may be back in the Philippines.
6. You can get a 24 hour divorce in Las Vegas. Not true. Although I have seen it happen in 24 hours with a Joint Petition Divorce most uncontested divorces take about 2-3 weeks to get processed after all the paperwork has been filed when both parties have signed. If the divorce requires personal services and a default it can take 2 months and if the divorce has to be done by publication after an affidavit of due diligence it can take 4-5 months.
7. Kids can decide what parent they can live with at age 12. Not true. Although the older the child is the more the Judge takes their preferences into consideration, teenage discretion does not allow them to pick a parent. The Judge looks at what is in the best interests of the child and since some kids are more mature than others at the same age there is really no rule of thumb. Just remember do not bring your kids to the Family Court.
8. Nevada is a man's state when it comes to divorce. Not true. Although Nevada does limit the amount of child support for each child, even though those limits have been increasing, Nevada does do equal justice to both spouses. There is a presumption of joint legal custody and alimony is available based upon the statutory factors. Nevada has a high divorce rate and the Courts are very experienced and knowledgeable about dividing community property and debt and awarding shared physical custody and doing what's in the best interests of the children.
9. If the father is not on the birth certificate you can take your child out of state. Not true. In Nevada unwed fathers have equal protection of the law with wed fathers. There is a presumption that a child born in a married relationship belongs to the husband. However DNA has made the name, or lack of name, on a birth certificate irrelevant. If you're the mother and want to move out of state with your child you need to get the natural father's or your husband's permission or a Court order to move out of state with the child.
10. That the divorce Judge can decide who owes what to the creditors. Not true. A divorce is only binding between the husband and wife. Although the divorce may say that the husband will be responsible for the mortgage payment the divorce Judge cannot modify the rights of third party creditors. He can only hold the husband in contempt of court for not obeying the divorce decree. The creditors will go after whoever is responsible despite what the divorce decree says. Better to file a joint bankruptcy before divorcing then get stuck will bills after divorcing.







