Uncontested Divorce in Nevada
There are two ways to dissolve a marriage: contested and uncontested divorce.
- A contested divorce occurs when the spouses cannot agree on the final terms of their divorce, including child-related issues, property division, and spousal support. Such situations carry the potential for drawn-out divorce proceedings involving multiple court hearings until a judge makes decisions on the above matters or the spouses reach an agreement.
- An uncontested divorce process is less complicated, but the parties must settle all their differences in advance to avoid a trial. Instead, they can memorialize any terms of their divorce, like child custody, child support, spousal support, how to handle their community and separate property, etc., in a Settlement Agreement or include them in a Joint Petition.
Nevada divorce laws allow the spouses seeking an uncontested divorce to file for divorce jointly as co-petitioners. If the spouses submit their agreement for court approval and the judge determines that it's fair, such a summary divorce can take from one to three weeks.
Get Your Divorce Forms Completed Online
Each divorce case starts with filing all the required paperwork with the court, and each state (and, sometimes even county or district court) has its unique divorce forms. The spouses should approach document preparation responsibly, whether the case is contested or not, since divorce papers can be tricky, and any mistake may cause delays in a dissolution of marriage case. DivorceOnline offers an affordable solution to avoid these potential problems. Available for all couples who file for an uncontested divorce and do not need legal advice, DivorceOnline services cost as little as $139.
We do not sell blank forms for that price but help our customers select and complete all the papers according to Nevada Family Law and your county court rules. After answering the questions of our online interview, you can receive your full divorce packet of forms in only two business days, without leaving home.
The last step is to download the completed divorce papers, print them, sign, and file them with the County Clerk's Office. We will also provide you with written instructions for filing the action with your local court so that you do not miss anything.
Steps for Filing a Divorce in Nevada
The Nevada divorce process takes several mandatory steps.
For Nevada courts to have jurisdiction over divorce cases, at least one spouse must have resided within the state for at least six weeks before filing for divorce. Besides, it is necessary to prove the couple meets the residency requirements by signing the Affidavit of Resident Witness. The resident witness who signs this document in front of a notary must be another Nevada resident who knows the spouses lived in Nevada for an established period before the filing date.
Any divorce starts with filing the Petition or Complaint for Divorce. This initial divorce form informs the court of the filing spouse's desire to end the marriage and requires the ground for divorce to be stated. Nevada is a no-fault divorce state, so there is no need to prove that either spouse committed any misconduct to file for divorce. Thus, following the Family Law of the state, the divorcing spouses need only give one of three causes:
- Incompatibility (meaning that the spouses can no longer get along and that there is no reasonable chance for reconciliation)
- Living separate and apart for one year without cohabitation
- The insanity of the spouse, existing for two years before the commencement of the action (based on corroborative evidence of the defendant's insanity at that time)
Whether jointly filed or not, divorce cases are handled in the Family Court Division in Nevada. The divorce process is started by filing a petition and other legal forms with the District Court.
Divorce papers in Nevada
The Nevada divorce papers that must be filed in a particular case vary depending on the type of the divorce (regular or summary divorce, contested or not) and each couple's unique circumstances.
For example, if the spouses file for divorce jointly, they are required to complete the following
Nevada divorce forms:
- Civil Cover Sheet (Family Court Cover Sheet)
- Confidential Information Sheet
- Affidavit of Resident Witness
- Joint Petition for Divorce
- Decree of Divorce
If either spouse files for divorce separately, the initial divorce forms they must complete include:
- Civil Cover Sheet
- Complaint for Divorce
The plaintiff (the party initiating the case) or both spouses jointly (in case of summary divorce) must pay a mandatory court filing fee when filing divorce documents. The fee can vary by county, so you can visit your county government website to find out the exact cost. If the plaintiff cannot afford filing fees, they may file an Application to Proceed In Forma Pauperis, providing information about their income, employment, etc.
The Nevada divorce procedure does not require any waiting period between filing the Joint Petition or Complaint for Divorce and the date the divorce decree can be issued. Thus, if you and your spouse agree on all of the terms of your divorce, the process can move very fast.
Couples filing for summary divorce skip this step, while a regular divorce requires the plaintiff to deliver copies of the Complaint and Summons to the other spouse within 120 days after filing.
In Nevada, the service of process can be accomplished by:
- any "disinterested" person of sufficient age (but not either party's family member, boyfriend/girlfriend, or any other person interested in the outcome of the case);
- sheriff or constable;
- private process server.
Whoever serves the documents needs to complete an Affidavit of Service form. This form must be filed with the court as an acknowledgment of service.
In a summary divorce in Nevada, final judgment is often entered without a hearing. Spouses who file a Joint Petition for divorce and have no minor children and community property or have reached an agreement concerning these issues do not have to appear in court to finalize their divorce. Instead, they only have to submit the required paperwork to the judge. The judge signs the Decree of Divorce if everything is completed correctly and the spouses' agreement is fair.
In a regular divorce, the defendant has 20 days after being served to file their own divorce papers. If the defendant filed an Answer, the judge is likely to set the first court hearing called "Case Management Conference" in about 90 days. Then, the spouses can request temporary orders from a judge (for example, alimony, child support, or custody orders while the divorce case is moving forward).
However, a Case Management Conference is not a final hearing. If the spouses fail to reach an agreement in advance, they may need several other meetings, hearings, or even a trial to finalize a divorce.
Getting a Divorce With Children
In a Nevada divorce with children, parental rights and responsibilities can be determined by the parents' agreement or a court's decision. Anyway, both parents and the court must be guided by the child's best interests only when deciding between joint or sole physical and legal custody. Physical custody refers to where the child lives the majority of the time. If a child spends at least 40% of their time with each parent, the divorced spouses share joint custody. Legal custody means the parents' authority for making important decisions in a child's life. Nevada laws presume joint custody is in the child's best interest unless proven otherwise.
The factors Nevada courts consider when determining the best interests of a child include but are not limited to:
- both parents' mental and physical health;
- the child's physical, developmental, and emotional needs;
- each parent's willingness and ability to cooperate to meet the child's needs and encourage the child's frequent contact and a continuing relationship with the other parent;
- the child's relationship with each parent;
- the level of conflict between the parents;
- the child's wishes (given that the child is of sufficient age and capacity to form a reasonable preference);
- any history of domestic violence, child neglect, or abuse;
- and other factors the court may deem relevant.
As for child support in Nevada, it is based on a percentage of the parents' gross monthly income. Besides, the payment amount depends on the number of children and physical custody order. Generally, child support lasts until the child reaches 18 (or 19 if the child is still enrolled in high school).
The following unique Nevada divorce forms are provided for divorcing parents to file:
- Joint Petition for Divorce - With Children / Divorce Complaint - With Kids
- Decree of Divorce – With Children
- Child Support Worksheet A - For Primary Physical Custody Calculations
- Child Support Worksheet B - For Joint Physical Custody Calculations
- Confidential Information Sheet - With Children
Filing for Divorce in Nevada Without a Lawyer
he significant benefit of an uncontested summary divorce is that it can be arranged Pro Se, i.e., without legal representation. Although the divorcing spouses still need to resolve multiple issues of their case and complete all the required paperwork properly, they can achieve significant cost savings by using alternative services instead of contacting a law firm. For example, working on your settlement agreement and parenting plan, you may resort to divorce mediation, counseling, or unbundled legal services (if they need some specific advice). And if you have paperwork issues, you can benefit from our online divorce assistance service.
Do-It-Yourself Divorce in Nevada
Online divorce can come in handy if both you and your spouse are willing to sign the Joint Petition but do not want to grapple with legal paperwork on your own. Summary divorce was designed as a quick and cheap way to terminate the marriage. So we believe that this process shouldn't be complicated by the need to learn Family Law and civil procedure rules just to start the case. Using this online divorce website, you can avoid red tape and prepare your uncontested divorce forms in only two business days. We neither provide legal advice nor offer to download blank forms. Instead, our online divorce service will help you select all the documents customized for your particular case and complete them correctly. Besides, you will get step-by-step filing instructions.
Frequently Asked Questions:
Since there is no waiting period in Nevada, couples filing for an uncontested divorce as co-petitioners can get a divorce in about one to three weeks. Regular uncontested divorces where one party is a plaintiff and the others a defendant (for example, default divorce) can take up to six weeks, and contested cases - about three months or more, depending on the circumstances.
The cost of divorce in Nevada depends on many factors, including whether you contest the case, hire an attorney, or use any other assistance and services. Legal fees usually make up the lion's share of divorce costs. Thus, complex contested cases can cost about $10,000, and an average flat fee charged for uncontested divorces ranges between $600 and $1,500 in Nevada. Regardless of the type of dissolution of marriage, all couples must pay a court filing fee, which is about $300, varying slightly from county to county.
Filing for divorce for free in Nevada is available only for spouses eligible to be exempt from the payment of court costs due to financial hardship. To ask for a fee waiver, you can file an Application to Proceed In Forma Pauperis form, providing information about your income.
Basic court forms typically filed in a divorce in Nevada include but are not limited to Civil Cover Sheet, Summons, Divorce Complaint, Answer, Decree of Divorce, Affidavit of Resident Witness, Joint Petition for Divorce, Affidavit of Service, Waiver of Service of Summons, Financial Disclosure Form.