How Do I Start the Divorce Process in Nevada?

You can get a divorce in Nevada if either spouse has been a resident of the state for at least six weeks prior to the filing.  It is important to understand how the process of ending your marriage will work so you can be prepared for what to expect and make informed choices for moving your case forward.

A Las Vegas divorce lawyer at Pintar Albiston LLP can help you start the divorce process in Nevada and can guide you throughout your entire divorce. Call today to schedule a consultation and learn more about how your attorney will help you.

How to Start the Divorce Process in Nevada

To start the divorce process in Nevada, a petition must be filed with the court. There are two different ways that you may be able to approach this process, depending upon your circumstances. One option is to file a joint petition with your spouse for a summary divorce. The other option is for you to file a petition for divorce, have your spouse served with divorce papers, and move forward with divorce proceedings.

A summary divorce is the quickest, simplest and least costly way to get divorced. You and your spouse submit a Joint Petition stating that you meet all requirements for ending your marriage. The requirements include:

  • Both spouses meeting the residential requirements by living in Nevada as permanent residents prior to filing.
  • Both spouses are incompatible and/or have lived apart for a full year or longer without cohabitation.
  • There are no children shared by the divorcing spouses and the wife is not currently expecting a child.
  • Either there is no joint property or you and your spouse have an agreement outlining how all of your shared property and shared debts will be divided. You may need to provide bills of sale, executed deeds or other evidence that the property division has been carried out.
  • The right to spousal support is waived or there is an agreement in place specifying how spousal support is to be paid.
  • Both parties waive their rights to a written notice of the entry of the divorce decree.
  • Both parties waive their right to appeal, or to move for a new trial.
  • Both spouses request the court to enter a decree of divorce.

The divorce process in Nevada is simple if you can submit this joint petition for a summary dissolution, as there is no need to go to court and present evidence or argue about issues.  Unfortunately, it can sometimes be difficult to come to an agreement about property and support.  It can be even more difficult for a couple with shared children to come to an agreement about how parenting time and visitation will work. If you and your spouse can’t agree, the divorce process in Nevada can involve litigating the issues and letting a family court judge decide the outcome of your divorce settlement.

A Las Vegas divorce lawyer can help you to negotiate an agreement with your spouse and submit a joint petition for divorce. Your attorney can also help you if you aren’t going to submit a joint petition. Your attorney can assist in filing a petition for divorce that your spouse will need to respond to, and can represent you during a hearing to decide issues related to your divorce. Call Pintar Albiston LLP today to learn more.