The decision to get divorced can be stressful, but the actual divorce process in Nevada is fairly straightforward. It can be particularly easy if you are seeking an uncontested divorce, where you and your spouse agree about issues like the need to get divorced, how you will divide up your property and what you will do with your children (if you have children). In this case, you may be able to complete your divorce without an attorney. However, if you meet the requirements for a divorce in the state, you simply need to fill out the appropriate divorce papers in Nevada and submit them to your county court to start the process.
If you and your spouse are not in agreement about the important issues, you may want to consider seeking a mediated divorce option. If you feel that your situation is complicated and requires legal assistance you may want to hire a divorce lawyer.
The following information is here to help you better understand divorce in the state of Nevada, and how you can begin to pursue your own divorce.
The Centers for Disease Control (CDC) has collected data on divorce from a large number of states, including Nevada. According to the CDC, the 2011 divorce rate in Nevada was 5.6 for every 1,000 residents. Nevada has the highest divorce rate of any state on the CDC's list. However, the rate has dropped considerably from 1990, when it was 11.4 for every 1,000 residents.
Nevada is a state that only allows “no-fault” divorces. No-fault divorce has become the most popular kind of divorce in the country, as it allows couples to end their marriages without placing blame on a single spouse. A no-fault divorce also eliminates the need to discuss potentially embarrassing details about a marriage with the court. To get a no-fault divorce, you only need to state that the marriage cannot be repaired, it is “irretrievably broken”.
Nevada has a relaxed residency policy for divorce, only requiring you or your spouse to have been living there for six weeks before you can file for divorce. When you file, you have the option of filing in your county, your spouse's county or the county where you both lived while married.
The exact divorce papers you complete to end your marriage in Nevada will vary based on your individual circumstances. If you are in the fortunate position that you and your spouse are in agreement about everything concerning the divorce, you can file a “Joint Petition”. This is the fastest route to divorce in Nevada. If you are not in agreement, you will need to file a regular “Complaint for Divorce”.
There are several forms that come with a joint petition, including a “Decree of Divorce”, an “Affidavit of Resident Witness”, a “Certificate of Service or Waiver” and a “Child Welfare and Identification Sheet” if you have minor-aged children.
Keep in mind that you should wait to sign any forms, statements or affidavits until you are in the presence of a notary public. The court will only accept notarized documentation. Many courts offer a notary service when you file, but it is best to check ahead of time before you arrive.
The Nevada Courts offer a Family Law Self-Help Center where you can read about divorce and find various divorce papers for the state. It is advisable that you read through all the sections of this site, as it will help you understand what you are going to go through with your divorce. When you represent yourself, you want to be as well-informed as possible about divorce as you move forward.
If you find yourself confused while trying to determine what forms to complete and what all the various legal terms mean, you are not alone. To avoid confusion and costly delays, many people choose to get their Nevada divorce papers online from CompleteCase.com. Our divorce form preparation service helps you find appropriate divorce forms for your circumstances, and ensures that those documents are completed correctly the first time.
After you have completed the divorce papers required in Nevada documents, it is time to take them to your local county clerk to file. You should the clerk before you leave to verify that you have all the required paperwork, and that you bring an accepted method of payment for the state filing fee. Usually courts will only accept cash or money order. You may be able to get the filing fee waived if you complete a waiver.
When the filing fee is considered paid and documents are submitted, the county clerk will stamp and give you stamped copies to serve to your spouse.
Nevada requires you to serve divorce papers to your spouse as soon as you have filed with the court. However, if you and your spouse filed jointly, you can skip this step. If you did not file jointly, you can serve your spouse by sheriff's deputy, private process server or by mail. The sheriff and the private process server will charge a fee to serve the divorce papers. The sheriff is usually less expensive, but he or she will often only attempt the service once for the fee you pay. The private process server will often try several times to serve the papers. If you choose to send the papers by mail, you will need to use certified mail to get a receipt that the papers were received by your spouse.
When the divorce papers have been served and you have filed proof of this service, the court will move forward on the divorce. If you and spouse agree on the divorce, you can get the divorce in as little as 20 days. If there are still issues to work out, it will take longer.
