How Do You Start The Divorce Process In Nevada?
The first step in starting a divorce process in Nevada is meeting the eligibility requirements. To file for divorce in Nevada, you must establish residency. This means that at least one of the parties must have lived in Nevada six weeks prior to the filing of the divorce. Because Nevada is a no-fault state, you do not have to prove any wrongdoing on the part of your spouse which might have led to the divorce. You simply have to file the divorce based on two grounds, one, incompatibility, which means that you and your spouse are no longer getting along, or two, that you and your spouse have lived separately and apart for a duration of time.
Once the residency has been established, the divorce process may begin in two ways. Either by a contested divorce or an uncontested divorce.
Contested Divorce
The contested divorce is a type of divorce where one of the parties files a complaint because the parties are not in agreement with all the issues in their divorce. So the parties seeking the divorce will begin the divorce process by filing a complaint for divorce with the court located in the county where either the parties live currently or where both parties last lived as a married couple.
Once that is filed, you must serve your spouse. You serve your spouse the complaint along with the summons. The summons basically just tells your spouse that you have filed for divorce and that they have 20 days to respond to the complaint. If your spouse fails to answer the complaint, then you will basically get everything that you asked for in your complaint.
Another thing that you must file with the court, 45 days after you have served a complaint and the summons, is a financial disclosure form. This is a form that lists all of your assets and all of your debts. You must file it with the court so the court has an idea of the couple’s financial situation. This will better help the court decide on issues, such as alimony or child support. This is generally the beginning process for the contested divorce.
Uncontested Divorce
Uncontested divorce is a type of divorce filed by both parties where they are both in agreement with all issues involved in their divorce. An uncontested divorce is the quickest, simplest, and the cheapest way to get a divorce in Nevada. Typically, there is no court appearance necessary and the divorce is finalized between 1 to 3 weeks.
The above is a very vague, general, step-by-step of what you need to do to begin the process of divorce in Nevada. Even before getting started with the divorce, it’s always beneficially to sit down with a Divorce attorney to discuss your options, and gather information about what to do and not to do before moving forward. If you are considering divorce, don’t hesitate to contact our office to speak with an experienced divorce attorney. To set up a meeting, contact our office at (702) 998-1188, info@ljlawlv.com, or by scheduling an appointment online.
For more information about divorce and other family law topics, check out our Family Law blog, podcast, or Family Law TV playlist on Youtube.