Divorce is not a simple process. Unfortunately, if a couple’s marriage is plagued by problems that neither party can resolve, they will often file for divorce.
Filing for divorce in Nevada doesn’t have to be a time-consuming and difficult process. In most circumstances, couples will be able to settle their divorce case for a reasonable fee and on time.
How To File for Divorce in Nevada
If you decide to file for divorce in Nevada, you must provide a reason for the divorce, which is known as grounds for the divorce. Remember that Nevada is a no-fault state, so you can file for divorce based on your incompatibility with your spouse. Below are all the details.
How To File for A Divorce in Nevada
When you decide to file for divorce, you or your spouse must have lived in the state for at least six weeks. You should also make certain that you file for divorce in the appropriate county court.
Keep in mind that you can file for divorce in the district court of the county in which either spouse resides.
The divorce process in Las Vegas will be like the divorce process in other Nevada cities such as Reno. Some counties may have different filing procedures, so it’s best to check with your local county clerk if you’re unsure about the requirements for your case.
Nevada’s divorce process is relatively quick in comparison to other states.
After filing your divorce paperwork, there’s no longer a waiting period in Nevada before your divorce is granted. If you and your spouse agree on all the terms of your divorce, your case should go smoothly.
In the case of couples who have certain conflicts, a judge will set a trial date to resolve the issues in your case.
Certain considerations should be made if you intend to handle your divorce with the assistance of a lawyer.
A Close Look at The Divorce Process in Nevada
In a no-fault divorce, neither spouse is required to accept responsibility.
If you want to get a divorce based on incompatibility, you and/or your spouse should file a statement maintaining that you and/or your spouse are having difficulty getting along and no longer believe that you can or will reconcile in any way.
You can also file for divorce in Nevada if you have been separated from your spouse for at least one year or if your spouse has been insane for at least two years. Unlike other states, Nevada doesn’t recognize any fault-based grounds for divorce.
The location of your marriage has no bearing on where you should file for divorce. A good example is a couple who married in Vegas but filed for divorce in California because that’s where they were living at the time.
Nevada also has a procedure in place for dissolving registered domestic partnerships. In general, the process is like divorce laws, but what distinguishes it, is that domestic partners may be eligible for a simplified domestic partnership termination.
If both parties sign the documents, a divorce is usually granted within 1-3 weeks. It can take up to two weeks if there are no children or property division involved.
If only one party signs the divorce papers, it can take 6-8 weeks to serve the defendant in person, and 16-18 weeks if the defendant must be served by publication, especially if he or she cannot be found.
What Is an Uncontested Divorce in Nevada?
If you and your spouse are willing to compromise, you may be able to obtain an uncontested divorce in Nevada. In such cases, both parties can reach a complete agreement on the issues involved in ending a marriage.
A ‘summary divorce’ is a type of uncontested divorce in Nevada.
If you want to file for a summary divorce, you and your spouse must agree on how to divide marital property, whether either spouse will pay alimony or child support, and who will be the primary caregiver for any children.
In general, a summary divorce is less expensive and faster than a traditional divorce.
While some spouses use an online divorce service, they also have the option of seeking professional help.
A summary divorce eliminates the need to appear in court. The procedure is simple: file the documents at the courthouse, and if everything is in order, a judge will sign them.
Getting The Divorce Forms Ready Nevada
When it comes to filing for divorce in Nevada, there are three options.
If you and your spouse agree on all aspects of your divorce, you can file a joint petition.
However, if one party contradicts the other, you must file a regular divorce complaint.
You’ll need several documents to file a joint petition, including a divorce decree, an affidavit of a resident witness, a certificate of service or waiver, and child welfare and identification sheet.
If you intend to file a complaint, you’ll require summons in addition to the previously mentioned documents. The county may require additional documents, such as the Family Court Cover Sheet and Joint Preliminary Injunction, depending on the issues in your case.
In a domestic relations case, most states now require the filing party to include some form of the court-generated cover sheet. While the divorce is pending, an injunction can prevent a party from selling, concealing, or transferring jointly owned assets.
The third type of divorce, known as a ‘summary divorce’, is available in Nevada. It’s by far the quickest and most cost-effective divorce option.
To find out if you qualify, both parties must be completely in agreement on all issues pertaining to the divorce.
Both parties should also waive their right to spousal support or agree in writing on an amount. In general, you should waive your right to appeal, your right to a new trial, and your right to receive notice of the final court order.
If you intend to file for a summary divorce, you must file a special form of affidavit with the court, along with a copy of your settlement agreement.
In general, the affidavit should state that you meet the residency requirements, that the information in the affidavit is true, that the facts stated are legally valid, that each assertion has supporting facts, and that you’re capable to sign the affidavit.
When the court accepts the affidavit and authorizes the settlement agreement, the divorce is granted without a trial.
Filling Out the Divorce Paperwork
Once you’ve decided on the type of divorce to file, you’ll need to gather all the necessary forms and return them to the clerk of court’s office in the county where you want to file.
Keep in mind that each county has a different number of copies required but keep at least one copy for your records.
Divorce Filing Fees in Nevada
You must be prepared to pay divorce filing fees in Nevada. There are court filing fees and costs associated with filing your divorce forms, which can change regularly.
The current divorce filing fee plus filing costs is $326 for a joint petition and $364 for a complaint.
Serving Your Spouse in Nevada
According to Nevada law, the filing party must ‘serve’ the documents to the non-filing spouse. A third-party process server, sheriff’s service, or mail can be used to provide ‘service of process.’
As a last resort, you can publish a notice in a local newspaper; however, you must be able to demonstrate to the court that you’re unable to track down your spouse.
The responding spouse or defendant has 20 days under Nevada law to file after receiving the documents.
You can file a settlement agreement and present it to the court if you and your spouse reach an agreement before the case moves forward.
Most couples later decide to split up their property rather than have a judge decide how to divide the property on their behalf.
Property Division In Nevada
Because Nevada is a community property state, any property obtained during your marriage, including real estate or other assets, is considered community property, and is equally owned by the spouses.
During a divorce, the communal property is shared equally. In addition, the judge will distribute any debts incurred during the marriage between the parties.
Separate property is defined as any property obtained by either spouse before the marriage, after the date of separation, or received as a gift or inheritance during the marriage.
Depending on the circumstances, a couple may not want to leave everything up to the court.
In such cases, you may wish to talk with your spouse about divorce settlement agreements to decide on a property, alimony, and resolving child custody and child support if you have children.
In most circumstances, a court will not schedule a divorce trial until the couple has undergone divorce mediation, which involves a neutral third party assisting the couple in reaching agreements on divorce-related issues.
If all issues are settled, the mediator will assist in the creation of a marriage settlement agreement.
Any settlement agreement will be scrutinized by the judge to ensure that it’s fair and that custody and child support are in the best interests of the child.
Alimony in Nevada
In Nevada, judges don’t automatically award alimony or spousal support in every divorce case.
In cases where the spouses have unequal financial standing, one spouse may be forced to pay alimony to the other following a divorce.
In general, the judge will consider several variables to determine whether alimony is appropriate and how much it should be.
In one case, the judge might evaluate whether either spouse contributed to the other’s education or work training, the spouse’s ability to support himself or herself, and the spouse’s ability to pay alimony.
Alimony can be awarded in a variety of ways, including provisional, lump sum, or periodic payments.
For example, alimony, can be temporary and continue for a few months or even a few years after the divorce to assist a low-earning spouse in becoming self-sufficient.
Alternatively, alimony can be awarded in the form of a lump sum, in which case the recipient spouse receives a hefty, one-time payment.
The most frequent is periodic alimony, which consists of monthly alimony payments that last for the duration of the couple’s marriage. In most cases, alimony is immediately terminated when one spouse dies, or the recipient spouse remarries.
How Does a Judge Determine Child Support?
When determining child support in Nevada, there are state statutory criteria.
An online child support calculator can help parents calculate their monthly child support requirement.
In Nevada, child support is determined primarily by the income of both parents and the number of children involved.
In addition to income, Nevada divorce rules allow the court to consider health insurance responsibilities, daycare expenditures, and educational and medical expenses when calculating child support.
The amount of support in your case may be adjusted by the judge to account for these expenses. Because of recent revisions in Nevada’s divorce and custody rules, there’s no minimum amount of child support and no cap on child support payments.
The Nevada Division of Welfare and Supportive Services enforces child support obligations in the state and can help parents start a new child support case. Child Custody Determination in Nevada
It’s the child’s best interests that are prioritized in every custody case. The judge will consider a diversity of variables to construct the best child custody arrangement for the child’s needs.
In particular, the judge may consider the parent’s and child’s preferences for custody, the parents’ connection with the child, the child’s transition to school and community, each parent’s physical and mental health, and the child’s medical, developmental, and emotional requirements.
The court may also consider whether a parent is more likely to enable frequent contact between the child and the noncustodial parent, the parent’s geographical closeness, and the child’s relationship with siblings and extended family members in some situations.
Further, the court will decide both physical and legal custody during a custody trial.
Depending on the child’s best interests, the judge may grant parents shared physical and legal custody, exclusive physical and/or legal custody, or some combination of the two.
The judge’s custody order will remain in effect until the kid reaches the age of 18 and graduates from high school, is emancipated, or the order is amended.
A significant change in circumstances must be demonstrated by the parent requesting a modification of a custody arrangement.
Final Thoughts on How Do I File for Divorce in Nevada?
The choice to file for divorce can be difficult for many couples who have exhausted all other options for repairing their marriage.
Although the divorce procedure can be time-consuming and costly in most jurisdictions, it may not be the same in Nevada.
Depending on the specifics of your case, you may be able to get a divorce in Nevada without much difficulty.