Divorce: Where to Begin
Filing for divorce can be a difficult and emotional decision. Whether or not there are children, property, or assets involved, going through a divorce can tend to be a stressful and straining phase of life. Finding the right attorney and having proper guidance can make the difference in having a smooth or difficult divorce.
The first step in starting the divorce process in Nevada is making sure you meet the eligibility requirements. Prior to 1930, and more recently in other states, couples needed sufficient reasoning in order to be eligible for a divorce. Because Nevada is now a No-Fault Divorce State, anyone is eligible to file for divorce, with or without their spouse’s approval, simply on the grounds of incompatibility.
Another requirement that some states enforce is that the couple needs to have lived apart for a certain period of time in order to be eligible for divorce. This is not the case in Nevada either. In Nevada, you have the option of using having lived separately as grounds for a No-Fault divorce, but legally no time apart is required to be eligible for a divorce in Nevada.
The only one requirement needed to be eligible to file for divorce in Nevada is residency by a least one party. In Nevada, residency is established after living in the state for 6 weeks consecutively. Therefore, to be eligible for divorce in Nevada, the only requirement is one spouse having lived in the state for at least six weeks prior to filing for divorce.
Filing for Divorce
When contemplating divorce, it may be in your best interest to consult a Family Law attorney as early in the process as possible. An experienced attorney may offer advice and guidance on how to ensure your divorce process is handled as smoothly and as favorably as possible.
Once proof of residency is obtained, any Nevada resident is eligible to file for divorce. This can be carried out in one of two ways: via Contested or Uncontested Divorce. The simplest, quickest, and least expensive form of divorce is an uncontested divorce filed jointly. This simply means that both spouses are in agreement to divorce, and have agreed to amicably settle all of the issues of their divorce. In this situation, each spouse may enlist legal representation to draft the agreement in a legally binding manner to be granted by the court.
In the case of spouses not agreeing to all terms of a divorce, or when one spouse simply does not agree to the divorce at all, a contested divorce can still be carried out. In this scenario, one spouse will file a complaint for divorce which will be served to the other spouse along with a summons to respond to the complaint within 20 days. Counsel for either party will then continue move the case along according to Nevada State Law requiring financial disclosures, mediation, and if applicable, child support, child custody, and alimony hearings.
The important thing to know regarding divorce in Nevada is that no one can legally keep you from leaving a marriage you no longer want to be in. The No-Fault divorce and Contested divorce laws give every Nevada resident the right to file for divorce if they so choose.