Divorce is one of the most tumultuous and depressing life experiences. Life is unexpected, even if the vast majority of married couples don’t anticipate breaking up. Everyone involved in a marriage, including any children the parties may have, experiences grief throughout a divorce.
The state of Nevada has more lenient separation laws than other states, and its divorce laws are very clear-cut. Given that Nevada is a no-fault state, neither party is required to give a cause for their divorce request.
A party just needs to have resided in Nevada for six weeks in order to apply for divorce, which is a lower threshold than is typical. This article will explain you about divorce in Nevada.
The Nevada Divorce Process
You must provide a justification for the divorce (commonly known as the “grounds”) when you petition for divorce in Nevada. Since Nevada is a no-fault divorce state, you can seek a divorce because of your incompatibility with your spouse.
Both partners are not responsible in a no-fault situation. You and/or your spouse must file a declaration stating that you are incompatible and that you don’t think you can or will reconcile in order to achieve a divorce based on incompatibility.
Alternately, you might assert that you’ve been apart for at least a year or that your spouse has been insane for at least two years in order to file for divorce in Nevada. Nevada does not recognize any grounds for divorce based on fault, in contrast to other states.
Your wedding location is unimportant when determining where to petition for divorce. A couple might, for instance, get married in Vegas but file for divorce in California because they were residing there at the time of filing.
Nevada provides a procedure for dissolving registered domestic partnerships as well. With the exception of the possibility that domestic partners might be eligible for a simplified domestic partnership termination, the procedure is substantially identical to those governing divorce.
Requirements to File for Divorce
To obtain a divorce in Nevada, neither spouse needs to demonstrate that the other was at fault. The divorcing party may apply for divorce for any one of three reasons if there is no hope of reconciliation:
- If you and your partner are incompatible, you no longer get along.
- You and your husband have lived apart in separate residences for more than a year and no longer share a household;
- At least two years have passed from the beginning of the divorce proceedings with your spouse being mentally ill.
The judge issues the divorce immediately if all requirements are met, and there are no conflicts. No waiting period is necessary.
A witness must sign an affidavit stating that they have firsthand knowledge that you have lived in Nevada for the past six weeks in order for you to be granted a divorce. You must also have been a resident of Nevada for more than six weeks and intend to stay there permanently in order to be granted one. For the court to determine child custody arrangements, if you have children, they must have lived in Nevada for at least six months when the divorce petition was filed.
Ways a Nevada Divorce Decree Can be Granted
In Nevada, parties to a divorce (who are not parties to an uncontested divorce) may do one of the following to acquire a final divorce decree:
1. Divorce by agreement
The parties to a contested divorce may create a final Decree of Divorce, outlining the agreements achieved and signing this agreement once they have been able to establish consensus on all of the issues in their case.
Usually, a family court judge can review and approve this Decree after it has been presented (without the need for a hearing). In this situation, we want to make it clear that divorce by agreement differs from divorce filed jointly and divorce that isn’t contested because in a divorce by agreement, the parties must already be at odds over at least one subject.
2. Divorce by default
This usually happens when the defendant in the divorce (i.e., the person who did not file the first paperwork) ignores the summons or Complaint for the divorce. In Nevada, the actual deadline for filing a response is 20 days after the divorce papers were served. When a partner cannot be found, divorce by default may also be granted (and, therefore, cannot be personally served with the divorce papers).
3. Divorce is granted at a trial or hearing
The parties to the divorce will move forward to trial (or a hearing) when the issue(s) in question is presented to the court in order to achieve a final divorce decision. The judge will render decisions on each of the issues following the presentation of all the arguments (and will usually instruct one party to prepare the Decree). When a divorce is involved, the judge must sign the divorce decree before it is considered final.
Initial Steps for Filing a Divorce in Nevada
In Nevada, divorce paperwork is generally straightforward. You can still proceed with your divorce request even if your spouse isn’t there.
Step 1: Fill Out the Forms
To start the divorce process, you must finish three essential forms:
Civil Cover Sheet
The general information on this form pertains to you, your spouse, and any children you may have.
This form notifies your partner of your intention to divorce them. The summons informs the other spouse that they have 21 days to respond to the Complaint or else you will be declared the Defaulting Spouse and will be granted the relief set forth in your Complaint.
With the use of this form, you can inform the judge and the spouse of your wishes for matters such as name changes, temporary child and/or spousal maintenance, debt distribution, and property split. This document starts the divorce proceeding.
Step 2: File the Forms
After completing each form, you must submit it to the court for filing. A filing fee is required. The court may waive the filing fee if you submit a form and order for a waiver if you are unable to pay the charge.
Step 3: Serve your Spouse the Divorce Papers
As the plaintiff, it is your duty to arrange for the divorce papers to be served on your husband within 120 days. Unless your spouse agrees to accept service in this manner, you cannot personally serve your spouse with the documents.
The papers must be delivered directly to the defendant. These documents may be delivered on your behalf by an impartial party who is at least 18 years old. A partner of the plaintiff who is not a spouse is not regarded as a neutral third party. You can pay a private business to provide a service.
How Long Will the Process Take?
The duration of the divorce procedure can be influenced by a number of things. For instance, if there are no disagreements over child custody or the parties have limited assets, the divorce will go more quickly.
Disputed child custody matters, a large number of assets that need to be distributed, and the parties’ capacity to work together to reach a divorce settlement are all factors that could complicate and lengthen the case. The couple’s divorce will take longer to settle the more they battle and dispute custody, property division, and alimony. Divorce that is uncontested takes substantially less time.
Property Division In Nevada
Nevada is a community property state, which means any assets accumulated during the marriage, including your home, either spouse’s income, and personal property, are regarded as “community property” and are owned equally by the spouses.
When a couple gets divorced, community property is split equally. Debts incurred during the marriage will also be evenly divided between the parties by the judge.
Any assets that either spouse acquired prior to the marriage, following the separation, or those that were given to them as gifts or inherited while the couple was still married are considered separate property. Usually, the spouse who gained separate property retains that status.
Couples can negotiate their own divorce settlement agreements, which can address issues like property division, alimony payments, and child custody and support arrangements without having to rely on a judge to make decisions.
In many situations, a judge won’t schedule a divorce trial until the couple has undergone divorce mediation when a neutral third party (typically a family law attorney) would try to help the couple come to an agreement on all their contested divorce-related problems.
The mediator will assist them in creating a marital settlement agreement if they are able to reach a consensus on everything. Any settlement agreement will be examined by a judge to make sure it is just and that the terms of child support and custody are in the best interests of the kids involved.
What if my spouse lives out of state?
Nevada residency is only required for one of the divorcing parties. Any required divorce paperwork can be completed by the other spouse via mail. The person seeking the dissolution of marriage may also serve the opposing party with a summons and Complaint if they are not complying.
A summons and Complaint can be delivered via any legal method permitted in the state where your spouse resides.
What if I don’t know where my spouse is?
Those who don’t know where their spouse is are required to make reasonable efforts to locate them. This procedure is referred to as a “due diligence” search.
If a thorough search for the missing spouse is unsuccessful, Nevada law permits “service by publishing” in a newspaper.
A “separation agreement” can be signed by spouses who have reached an agreement on matters like alimony and property division.
Either before or after they file, they can bargain and execute a separation agreement. The separation agreement becomes a binding contract once the court approves the divorce.
In cases where a couple wants a quick divorce, they typically negotiate a separation agreement. But even in a contentious divorce, a separation agreement can be helpful.
The court does not have to decide anything that the couples can agree to in advance. So having a separation agreement can facilitate a quicker transition.
Even if it is not difficult to get a divorce, breaking up with someone is rarely simple.
Divorces frequently have long-lasting effects. Every case is different, and you can experience a number of changes following your divorce that have an impact on the judgments or orders imposed in court.
It is crucial to have legal counsel during a divorce In Nevada. Even in a divorce that is amicable, a reputable attorney will make sure all of your legal bases are covered.
A divorce petition typically costs between $300 and $400. When you complete your divorce order or judgment, you may also have to pay a fee. You may be charged by the court for copies. All parties to the divorce process incur additional expenditures.
In Nevada, filing a joint petition for divorce by both spouses is the quickest option for a married couple to end their marriage. An “uncontested divorce” or “two-signature divorce” are additional terms for this. If everything goes according to plan, the divorce in Nevada might be finalized in as little as 10 days.
The time and location are determined by whoever files first. The first person to file can begin defending common property. If there is a Nevada divorce trial, the person who filed first would go first and be heard last. The first to file can withdraw the divorce (if the other party has not yet responded).
If your spouse refuses to sign the divorce papers, but you are ready to file for divorce, you can do so on your own. To start a divorce lawsuit, you must complete and submit a number of forms to the court. In this area, you’ll find all the forms you need to start a divorce lawsuit, along with instructions.
State community property laws apply in Nevada. Each spouse holds 50% of the assets and obligations accumulated throughout the marriage, according to this rule. Courts divide these possessions and obligations evenly between the divorcing parties. An agreement for the settlement of a divorce.
There is no minimum length of marriage requirement in Nevada’s divorce rules for recipients of spousal support. In marriages of six years or more, alimony will normally be granted if there is a wage gap and one spouse can demonstrate the need for it.