Attorneys for Nevada Governor Jim Gibbons and his wife Dawn Gibbons are expected to meet today with the judge hearing their case to come to an agreement in their request for dissolution of marriage in accordance with Nevada state law.
The Governor filed for a private divorce in February of this year sighting incompatibility with Mrs. Gibbons. Mrs. Gibbons filed her own motion for divorce in affect crushing the Governor’s hopes for a private divorce. The soon to be former First Lady of Nevada says she filed her own motion to keep the proceedings public and to bring attention to rumors surrounding the Governor and his adulterous behavior. Mrs. Gibbons alleges that the Governor has been having an extramarital affair with a married woman. The First Family of Nevada has been married for over 22 years.
Jim Gibbons has been living in the couple’s Reno home while Dawn Gibbons has occupied the Governor’s Mansion. The Governor has asked the judge to grant him sole occupancy of the Governor’s Mansion and give Mrs. Gibbons occupancy of the Reno residence until the divorce is finalized.
Nevada is "Community Property" state. Community property refers to all property, assets, and debt assumed by the couple during marriage. In the event of divorce, the property, assets, and debt will be divided up equally by the court between the parties involved unless the divorcing couple comes to another mutual agreement.
To qualify for a divorce in Nevada the couple must meet residency requirements set forth by Nevada law. The request for divorce must be filed in the district court of the county where:
In which the cause therefore accrued
- The defendant resides or may be found
- The plaintiff resides
- The couple cohabitated last
- The plaintiff has resided for a minimum of six weeks before the suit was filed
According to Nevada law, the court shall liquidate any property held in joint tenancy by the couple. However, the court may allow for separate reimbursement to the individual that has made considerable contribution to the purchase or maintenance of said property even though the property may be held in joint tenancy. The amount of reimbursement is governed by the amount of the individual contributions made for the purchase or maintenance of the property without allotment for any increases in the value of the property and cannot exceed the value of said property.
Nevada allows, “Dissolution of Marriage,” for any of the following:
- In the case of insanity (Fault Based) – the condition must persist for two years before filing for divorce
- The couple lives separately and apart for one year without cohabitation (No Fault Based)
- Incompatibility (No Fault Based)
The division of marital or community property is one of the most contentious issues in a divorce and can lead mistrust and tension between former loving individuals. It is hard to separate emotional reactions from sound equitable decisions. Passion and anger can overshadow reason and good judgment in heated debates about ownership and right of possession. A proven and capable divorce lawyer can make sound and reasonable decisions with your best interest in mind regarding any question of asset division or equitable distribution of marital property even if you are bogged down with emotion and anger.
If you are in the process of getting a divorce in Nevada, you should consider contacting an experienced divorce lawyer.
