Residency Requirements
In order to file for a no-fault divorce in the state of Nevada, at least one of the spouses involved in the divorce must have been a resident of Nevada for at least 6 weeks before the original divorce papers were filed.
Fill out your Forms
If a couple fulfills the residency requirements, then one spouse (the Plaintiff) may file for divorce in either their home county, their spouse's home county, the cause of divorce county or the county where the couple last resided together. The Plaintiff must then serve the Complaint for Divorce on the Defendant (their spouse) by direct mail, process server, the sheriff (or constable), personally or via publication if the spouse cannot be located or refuses to accept service.
Once the Defendant has received service he or she must sign an Acceptance of Service (verification that the service occurred) to prove that the delivery was made. The Defendant then has 20 days to file and fill out any one of these three forms:
- An Answer to Complaint for Divorce
- An Answer to the Complaint for Divorce and Counterclaim (with children)
- An Answer to Complaint for Divorce and Counterclaim (with no children)
If the Defendant agrees to all the terms laid out by the Plaintiff the divorce becomes uncontested. If the Defendant does not agree to all the terms laid out by the Plaintiff the divorce becomes contested and the divorce action then moves to mediation (mandated therapy and facilitation) and eventually a hearing. For either outcome, you may wish to get the help of a divorce lawyer.
If the divorce is going to a hearing, the Plaintiff must file either a Decree of Divorce with Children or a Decree of Divorce without Children (depending on the situation). Each hearing is different so predicting the outcome is nearly impossible.
A Note about Forms
If the parties have reached an agreement and they do not desire to proceed with a lengthy trial they can use Rocket Lawyer's easy interview process to complete a Divorce Settlement Agreement. The Divorce Settlement Agreement details the division of property, assets, debts and liabilities, as well as settles matters of child support, custody and visitation. All other forms can be obtained from your local county courthouse.
Make Copies of your Forms
Once you have filled out the appropriate forms, make at least three copies of each. One set will be served to your spouse, one will be filed with the state, and one should be kept for your records.
Bring your Completed Forms to your Court Clerk's Office and Pay the Fee
Proceed to your court clerk's office with the originals and copies of your forms. If everything is in order, the clerk will use the original forms and ask you to pay a fee to file.
A Note About Uncontested Divorces
If you and your spouse agree on the terms of divorce, and getting a divorce is a decision you made together, then there are some options for a summary divorce.
It is possible to file a joint petition in the state of Nevada. This is considered a summary, uncontested divorce. In this type of case there is no final hearing. As long as a couple agrees to waive their rights involving repeal and has already agreed on a system of child support, and moreover a lack of spousal support, then the divorce can be granted. The couple must file a notarized Joint Petition for Summary Decree of Divorce (with or without children, depending on which applies) and then they are divorced.
The other option is a summary default divorce by affidavit. This affidavit must be accompanied by a Civil Cover Sheet, Verification of Pleadings, Request for Submission and An Affidavit of Residency. This entire packet explains that:
- the couple meets the residency requirements
- the information within the affidavit is "correct and true"
- the affidavit contains only "admissible" facts
- the allegations are supported by fact
- the person signing the affidavit is in a competent state
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
