Filing Divorce Papers in Nevada

A divorce is the legal termination of a marriage. The process ends all legal responsibilities of the marriage and divides all marital debt and property.

Should You Represent Yourself?

You can represent yourself in a divorce proceeding, but divorce is not an easy legal process. Emotions only further complicate matters. Even though you can legally represent yourself, an attorney is often critical in managing the progress of the case and ensuring a fair result. The Nevada Supreme Court Law Library offers a wealth of self-help resources to consider.

Avoiding Trial

If at all possible, divorce issues should be handled outside of court. Court cases are expensive and court time can lengthen and enhance the cost. Most cases are resolved prior to trial. If necessary, a mediator assists both parties in finding a mutually satisfactory resolution. Peruse these frequently asked questions for more information about mediation in divorce.

No-fault Divorce

Nevada is strictly a no-fault divorce state. This means that neither part has to prove fault to get a divorce, but rather simply irreconcilable differences. You may also sue for divorce if you have been separated from your spouse for a year or more. Divorces can be contested or uncontested. In an uncontested divorce, both parties agree with the all the terms of the divorce. A contested divorce occurs if one party does not agree and fights the divorce terms resulting in added expense and time.

Custody Agreement

Prior to divorce, parents must complete the parenting plan that details custody, visitation, and how the child's welfare will be handled after the divorce. Custody is commonly shared equally, but not always. Legal custody refers to decisions that are made in the child's best interests. Physical custody establishes where the child legally dwells. Child support may be granted based on need, as both parents are obligated to support their children.

Divorce Process

In Nevada, you must be a resident of the state for six weeks, before you can file for divorce.

  • Divorce begins when divorce papers are filed in court.
  • A response is given by the spouse who received the divorce papers.
  • Financial affidavits—written disclosures of personal financial details—are shared.
  • If appropriate, a custody and parenting plan is submitted.

There is no cooling-off period in Nevada before a divorce may proceed or be granted.

Temporary Court Orders

During the divorce and prior to trial, temporary orders may need to be requested. These pendente lite orders help resolve the issues that frequently come up during the divorce process. Protective orders, medical payments and health coverage, educational support, visitation schedules, bill responsibilities, and other issues are settled with temporary court orders.

The Decree

The divorce process results in a legal judgment called a final decree. With the final decree, all of the divorce issues are resolved and the order is signed by the judge. Nevada is a community property state. All marital property and debts are divided equally. Alimony may be awarded based on need.

Getting Help

Divorce is a difficult time and the process is complicated. Speak with a Nevada divorce attorney if you have any questions or need help managing the divorce process.

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