Nevada has a reputation for quick marriages, and the state also lets you get a divorce without much fuss. If you and your spouse are in agreement regarding all issues between you, the entire process between filing for and finalizing your divorce can take as little as a few weeks. The state does not have a waiting period before a judge can sign your decree.
Talk to your spouse to try to resolve issues of custody, visitation, support and division of property. In Nevada, the type of divorce petition you file depends on whether your matter is contested or you have an agreement.
Choose the appropriate complaint. Some counties, such as Clark County, offer the state’s various divorce petitions on their websites. If you have an agreement, you and your spouse can file a joint petition for divorce. If you need the court to sort things out for you, or if you’re not sure yet if this will be necessary, you can use the form for a complaint for divorce. Each category has two separate petitions: one if you have children and one if you do not.
Complete the petition you’ve chosen, filling in all pertinent information. Nevada is a no-fault state, so you can either file on grounds of irreconcilable differences or after a one-year separation. If you’re doing this by hand, use black ink. You can also type in the information. If you choose a joint petition, fill in all the terms of the agreement you’ve reached. Both you and your spouse should sign the joint petition. If you file a complaint, only your signature is required.
Complete a family court cover sheet, also available on Nevada county websites. This two-page document requires basic identifying information regarding your case and you, your spouse and your children, if you have any.
File your complaint or petition with the court, along with the family court cover sheet. You can do this in the county where you live, where your spouse lives or where you and your spouse last lived together. If you file a complaint, the clerk will issue you a summons at the time you file.
Serve your spouse with a copy of your summons and complaint if the two of you did not file a joint petition. If you and your spouse filed a joint petition together, you do not have to serve each other. Nevada requires that you have a third party give it to him. Your spouse can then either sign an acceptance of service, or the third party can sign an affidavit of service, confirming that she gave him your complaint. File the confirmation of service with the court.
Tips & Warnings
Nevada requires that you live in the state for six weeks to file for divorce. Shortly after you file your complaint or petition, the court will hold a “prove-up” hearing to confirm that you’ve met residency and other requirements. You can do this by taking a witness with you to attest that you’ve lived in the state the required amount of time.
If your matter is uncontested, and you’ve agreed to a parenting plan, a Nevada judge will usually sign your paperwork and issue you a divorce decree within a couple weeks of receiving your petition.
If your divorce is contested and you file a complaint, both you and your spouse must also file a financial disclosure form with the court within 45 days after you serve him with your complaint.
References & Resources
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