A Complaint for Divorce is the document which is filed that opens a case. The Complaint for Divorce contains information that can be either very basic or very specific.
The basic information includes the following:
- Names of the Parties, the person who files the Complaint for Divorce is the Plaintiff and the other Party is the Defendant.
- Date of marriage, and location of marriage.
- The period of time that the Plaintiff, person filing the Complaint for Divorce, has been in the State of Nevada. This information is used to establish jurisdiction and requires that one Party, either the Plaintiff or Defendant, have lived in Nevada for six weeks or more prior to the filing of the Complaint for Divorce.
- Whether or not, if there is a female spouse, the person is pregnant.
- The names and dates of birth of children, and when the children came to Nevada to live.
- If there is a pre-nuptial or post-nuptial agreement.
- Whether or not separate property exists and if it does exist, the nature of the separate property which means a description.
- Whether or not community property exists. If community property exists, in a generic Complaint it might simply be a sentence that claims community property exists which would be divided; and is a specific Complaint it may lay out how the Plaintiff proposes that community property be divided.
- Whether or not debts exist to be divided. If debt exists, in a generic Complaint it might simply be a sentence that claims debt exists which would be divided; and is a specific Complaint it may lay out how the Plaintiff proposes that debt be divided.
- If alimony should be paid to either Party.
- Whether a spouse’s last name should be changed.
- If attorney fees are being requested or not.
Along with a Complaint for Divorce, usually a Summons and Joint Preliminary Injunction are obtained.
The Summons is the document which is signed by the Clerk of Court. The Summons informs the Defendant that a suit has been filed against them. The Summons tells the Defendant that the timeframe to respond is twenty-one (21) days and if a response is not made during that timeframe that the Default may be granted.
The Joint Preliminary Injunction (“JPI”) is requested and issued as an Order by the Court. The JPI is an Order of the Court which informs both Parties of their rights and responsibilities regarding children, assets, debts and behaviors during the divorce. The JPI includes language that assets and property cannot be transferred, encumbered, etc. As to custody, it Orders that children cannot be relocated without written consent or a Court Order.
To learn the next step after filing the Complaint for Divorce, look for our Blog about service in the State of Nevada.
