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Many divorcing parties are unaware of the fact that Nevada’s community property law requires an “equal division” at divorce.  A divorcing couple will often have a general discussion about splitting assets, but do not take the time to determine of the agreement complies with Nevada law or otherwise meet legal requirements for an unequal disposition.  See NRS 125.150(1)(b), which states, in part:

NRS 125.150  Alimony and adjudication of property rights; award of attorney’s fee; subsequent modification by court.  Except as otherwise provided in NRS 125.155 and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:

1.  In granting a divorce, the court: …

(b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition. …

If the parties are going to reach and agreement resulting in an unequal disposition of the community, such as one party taking more debt or one party keeping all of a retirement asset, there have to be reasons.  Moreover, the Court wants to know what those reasons are, or a divorcing couple could find the matter “stricken” by the Court.

The Court forms provided in various counties in the state do not necessarily make this clear.  A significantly one-sided agreement risks increased scrutiny and/or outright rejection.

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