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Nevada
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Nevada Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Nevada Residency Requirement
According to the Nevada Divorce Laws and Nevada Divorce Guidelines,
to get divorced in Nevada, one of the spouses must have been a resident
of the state for at least 6 weeks before filing the case
Time To Divorce
There is a waiting period of 60 days after filing the Nevada Divorce
Forms and Nevada Divorce Papers before a divorce will be granted
Place of Divorce (Venue)
The case may be filed in:
(1) county where either spouse resides
(2) county where the spouses last lived together
(3) county where the grounds for divorce occured
(4) county where plaintiff resided for 6 weeks right before filing
for divorce
Simplified or Special Divorce
Procedures
There are 2 provisions for summary divorce
in Nevada. First, a summary divorce may be granted if the following
conditions are met:
(1) either spouse has been a resident of the state for at least
6 weeks;
(2) the spouses are incompatible or have lived separate and apart
without cohabitation for 1 year;
(3) there are no minor children (born or adopted) and the wife is
not pregnant, or the spouses have signed an agreement specifying
the custody and support of the children;
(4) there is no community or joint property, or the spouses have
signed an agreement regarding the division of their property and
the assumption of their liabilities, and have signed any deeds,
titles, or other evidences of transfer of property;
(5) both spouses waive their rights to spousal support [maintenance]
or the spouses have signed an agreement specifying the amount of
spousal support;
(6) both spouses waive: [a] their rights to notice of entry of the
final decree of divorce; [b] their rights to appeal the divorce;
[c] their rights to request findings of fact and conclusions of
law in the divorce proceeding; and [d] their rights to a new trial;
(7) both spouses want the court to enter the decree of divorce.
A Summary Proceeding for Divorce is begun by filing a joint petition,
signed under oath, together with an Affidavit of Corroboration of
Residency by a witness.
In addition, a spouse may apply for a divorce
by default by affidavit. In such situations, oral testimony will
not normally be required. If there is a marital settlement agreement,
it should be identified in the affidavit and attached to it when
filed. The affidavit should:
(1) state that the residency requirements have been met;
(2) state that all of the information in the petition is correct
and true on the personal knowledge of the person signing the affidavit;
(3) state that the affidavit contains only facts that would be admissible
into evidence;
(4) give factual support for each allegation in the application;
(5) establish that the person signing the affidavit is competent
to testify.
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Nevada, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by Nevada divorce guidelines and Nevada divorce laws,
is a scenario where the spouses agree on the terms of the divorce
such as Nevada property distribution, Nevada child support, or
Nevada child custody. Most of our clients (75%) prefer the Agreed
Divorce method and both spouses sign the divorce papers and are
agreed to the terms of divorce.
- A Default Divorce
, according to the Nevada
divorce guidelines and Nevada divorce laws,
is a divorce where the other spouse doesn’t sign the Nevada Divorce
forms or Nevada divorce papers, he/she doesn’t do anything at
all with the divorce. They simply default on the case and the
spouse who files for divorce gets whatever was asked for in the
original paperwork.
Process to file for Divorce in
Nevada
There are only three basic procedural steps to a divorce:
- File Nevada Divorce Papers (Nevada Divorce
Forms)
- Notify Spouse of your filing for divorce
in Nevada
- Attend your Nevada divorce hearing
Nevada Child Custody
Simple Definitions: (source: Nevada divorce guidelines and Nevada
divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Nevada Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Nevada divorce
customers. If a sole custody arrangement is to be considered, then
there is usually a reason agreed upon by both parties that
one parent is to have the children. Usually the financial status
of a parent is not to be considered for allocating any parental
rights and responsibilities. Shared Custody or Sole Child Custody
may be awarded according to the best interests of the child.
Nevada Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Nevada Child Support Guidelines. The guideline amount is
presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Nevada divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Nevada.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Nevada. It
may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Nevada often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Nevada, fees must usually
be paid when you file the Nevada divorce forms and Nevada divorce
papers at your county courthouse. These fees vary between County
to County, so it is best to call them and ask what the fees
are in your County. Regardless of whether you are going through
a divorce service, using a Nevada divorce kit, using a divorce attorney
(or divorce lawyer), or doing a nearly free divorce in Nevada, you
will almost always be the one to cover the court fees which is standard
procedure.
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| 2 |
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| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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