Knowing the divorce process in Nevada can help you prepare for this life event. During divorce proceedings in Las Vegas a court determines the division of community property and alimony payments. If the couple has children under 18, the court also determines child custody and child support.
Learn about the Nevada divorce process and if you need any family law help contact our Las Vegas divorce lawyers for a free initial consultation at 702-474-7007.
Nevada Divorce Process
The steps in a divorce process in Las Vegas, Nevada will depend on the specific situation of the people getting divorced. It is a much simpler process of both parties agree to the divorce. If one party is blind sided by receiving the divorce papers, they might respond by doing whatever it takes to prolong the process. Find out how to file divorce in Nevada by following the steps below.
Important Note: Nevada is a No Fault Divorce State. A no-fault divorce does not require the spouse seeking the divorce to accuse the other spouse of any wrongdoing. They can simply state that the two no longer get along. Additionally, Nevada provides two no-fault divorce grounds: incompatibility, and living separately and apart.
Step 1: Filing A Petition
The first step to get a divorce in Nevada is the person filing (“Plaintiff”) must file a Complaint for Divorce with the Clerk of Court and pay the requisite filing fee. The court won’t help with the paperwork or answer any legal questions. This is why it’s best to have a divorce attorney, we offer a free divorce consultation to get started. One thing you can do on your own if you want is to start copying all important documents related to your assets, debts, income, tax returns, bank account statements, life insurance policies, mortgage statements, credit card statements and paycheck stubs. Here is a link to helpful divorce filling papers. Here is another source for important divorce papers.
Step 2: Responding To A Petition
Once the defendant is served with the petition, he or she has 20 days to file a response. This response is the defendant’s formal answer to the petition. Once the defendant files a response, he or she is referred to as the Respondent. The response signifies that the respondent wants to participate in the divorce proceedings. If your spouse is served and doesn’t answer, then the judge will most likely grant you everything requested in the complaint. If support and custody disputes are a concern, then an Order to Show Cause (OSC) is also filed. As a result, a hearing will be heard sooner than normal so that custody, support, or restraining orders can be made.
Step 3: Work Out The Terms Of The Divorce
After there has been a response to the petition you will need to work on the division of property, child custody and any alimony or child support payments. If the parties are unable to reach an agreement regarding these issues, you will need to request that the court set a trial so the judge can decide these issues.
Step 4: Receive Your Judgement
After reviewing the final forms, the court will send you a judgement notice notifying you of the outcome of your divorce and any further steps you must take to finalize it. If your spouse contests the divorce, you may have to attend a court hearing. The judge will look over the and may make changes to agreements pertaining to assets, alimony, child support, custody, and any other anything the judge may consider amending.
How To File Divorce In Nevada
It’s best to consult with an experience divorce attorney to represent you legally and make sure all the processes are done correctly. You will be dealing with the Clark County courts when filing for a divorce in Las Vegas.
How Long Does It Take To Get A Divorce In Nevada
It depends on whether the other side is going to cooperate on all issues and sign a final Decree. If that is the case, then the matter can be handled start to finish in less than 30 days. If the matter will be contested, there will be a hearing or two before a Trial date is set. A trial date is typically given 4-6 months from the first or second hearing and therefore the process could take 10-12 months to get completed depending on other facts, length of trial needed, preparing the final Decree, etc.
Las Vegas Divorce Attorney Help
At Roberts Stoffel Family Law Group our Las Vegas divorce lawyers are experienced in helping make the divorce process as easy as it can be. If you need to get a divorce in Nevada contact us for a free consultation by calling 702-474-7007.