Divorce Process in Nevada: What to Expect

To start the process of divorce in Nevada, you will need to familiarize yourself with the procedure for divorce adopted in the state.

The Nevada divorce process depends mostly on the type of case and county. In this article, we have prepared information about the potential divorce steps you will need to take in your specific situation.

We will explain “What is the process of divorce?” and discuss whether the online divorce process is available in some districts. In addition, we will present several tips on how to prepare for the divorce process in Nevada and highlight the main requirements for the process of divorce you must meet. 

How to Begin a Divorce Process in Nevada?

Before you start a divorce process, you must fulfill the residency requirements, complete a Petition or Complaint for Divorce and other necessary papers, and determine the divorce steps for your case.

Take into account the following preconditions for the process of divorce in Nevada before filing with the court:

  1. If you’re wondering how to start a divorce process in Nevada, the Nevada Revised Statutes (NRS) is the most crucial legal document you can use. It contains the basic requirements and rules for divorcing couples within the state.
  2. If you and your spouse live apart, remember how long your separation lasts. One of the grounds for starting the divorce process is 12 months of separate residence. Other reasons recognized by the current legislation are incompatibility between the parties or insanity of either spouse for a period of 2 years before filing the paperwork with the court.
  3. The residency requirements depend on the reasons behind your divorce. You can file right away if the reason for the marriage dissolution occurred in Nevada. Otherwise, one of you needs to have lived in the state for six weeks.
  4. To e-file and undergo the online divorce process, first make sure that this type of submitting documents is available in your county. While most districts allow paper filing, courts in Washoe County require e-filing only.
  5. The type of your case will significantly affect the overall Nevada divorce process. Depending on whether you can agree to the marriage termination issues yourself, you can get a dissolution under a simplified or traditional procedure for divorce.
  6. When preparing for the process of divorce, collect information about your income, expenses, and joint and separate property. You will need it when dividing assets or deciding on the amount of spousal support or child maintenance.
  7. The set of forms you will need to find, fill out, and submit to the clerk’s office will also depend on whether your divorce is agreed-upon or disputed.

What is the process of divorce for each case? We’ll talk about its numerous differences in the following section.

Step-by-Step Divorce Process in Nevada

To terminate the marriage, you need to resolve all the child-related and property division issues you and your spouse have. If you can do it yourself, your Nevada divorce process may be simplified; if not, you should follow ordinary divorce steps.

The joint or simplified process of divorce in Nevada involves the following stages:

Divorce Laws in Nevada for Infidelity

Given that only 3 no-fault reasons for dissolutionment of marriage are recognized within the state, there are no divorce laws in Nevada for infidelity that would provide for any punishment for an unfaithful spouse (NV REV ST 125.010).

NV divorce laws clearly define that you can file for a contested or uncontested dissolution of marriage on one of the grounds that are not based on the fault of the parties. It means that while completing the necessary dissolution of marriage forms, you will not need to prepare any additional papers or collect evidence to prove that the behavior of your spouse led to the marriage breakdown.

Divorce laws in Nevada do not oblige the judge to take into account the fact of adultery when making a decision on the dissolution of marriage and determining alimony and child custody terms. The only exception can be a situation when a spouse spent the marital property on sponsoring their affair. In this case, the court may decide to compensate the other party for the incurred financial loss with some part of joint assets. If infidelity has any negative impact on children, it can potentially affect the court’s decision on custody terms.  

1. Preparation of documents

Simplified procedure for divorce requires completing a Joint Petition for Divorce, an Affidavit of Resident Witness, a Confidential Information Sheet, and some other mandatory papers.

2. Filing of paperwork

You need to submit the required papers to the county court and pay the filing fee. In some districts, you can take advantage of an online divorce process.

3. Submission of the final Decree

If the judge has no questions after reviewing your documents, they will sign the Divorce Decree without setting a court hearing. You will need to receive it and file it with the clerk's office to finalize the divorce process in Nevada.

A simplified process of divorce saves you from serving the respondent and participating in court battles and facilitates getting a dissolution of marriage quickly and without spending money on hiring a lawyer.

What is the process of divorce if the case is contested? If you and the other party cannot agree on child-related or property division issues, your divorce process in Nevada will be as follows:

1. Completing paperwork

The petitioner must prepare a Complaint for Divorce, a Cover Sheet, a Summons, etc., to file with the clerk's office.

2. Filing with the court

You need to submit the completed forms to the county clerk in person or online to start the process of divorce in Nevada.

3. Serving the defendant

In a traditional procedure for divorce, you must deliver the required paperwork to your spouse within 120 days from the time it is submitted to the court. Since you are not allowed to serve the papers yourself, you need to hire a sheriff, a constable, or a private process server or ask anyone unrelated to the case. To agree not to be served officially, the defendant can prepare a Waiver of Service of Summons and submit it to the court.

4. Receiving a response

The respondent needs to provide an answer or file a counterclaim to the Complaint for Divorce within 21 days after receiving the papers.

5. Scheduling a court hearing

In most cases, after getting an answer, you will need to attend an Early Case Conference to exchange financial information. Next, a trial or a Case Management Conference will be scheduled where the judge will consider your case and decide on the divorce terms.

Contested divorce procedures are always more complicated and time-consuming. If you want to divorce without stress and with less effort, you should consider the possibility of filing under a simplified procedure.

FAQ

Two procedures for divorce are recognized within the state. To have a simplified divorce process in Nevada, you need to prepare a Joint Petition for Divorce and other papers, submit them to the clerk’s office, and get a Divorce Decree without attending a court hearing. For traditional divorce procedure, you should complete the necessary paperwork, serve the defendant, file the documents with the court, and take part in a trial.

To file for divorce in either of the two possible ways, you must prepare a specified set of documents and submit it to the clerk’s office or via an e-filing system.