Las Vegas Divorce Attorneys
How to File for Divorce in Nevada
To get a divorce in Las Vegas, the person filing (“Plaintiff”) must file a Complaint for Divorce with the Clerk of Court and pay the requisite filing fee. In the Complaint, the general allegations must be made (custody, asset/debt distribution, support obligations, etc.). After the Complaint is filed, the Clerk will sign a summons and then the Plaintiff must have these legal documents served on the Opposing Party (“Defendant”). If applicable, in lieu of personal service of these documents, an Acceptance of Service form can be signed and filed with the Court.
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Once the Complaint is filed, the Defendant has twenty (20) calendar days to file an Answer and Counterclaim. In this document, the Defendant will admit or deny the allegations contained in the Complaint. Moreover, the filing of the Answer triggers additional deadlines, as set forth in the Nevada Rules of Civil Procedure Rule 16.2, that is only applicable to Family Law Cases.
At any time, either Party can file a Motion with the Court, which will set a hearing for temporary orders, usually involving spousal support, child support, request for attorney’s fees, etc. The responding Party may then file an Opposition and Countermotion so that the Court may consider all facts and apply the relevant law when making a decision on the date of the hearing.
Divorce & Children
If there are children, all custody issues must be resolved before the Court can grant an absolute Decree of Divorce. The Court must send the Plaintiff and Defendant to the Family Mediation Center (“FMC”), at Family Court, to attempt to resolve custody and visitation issues. If this process is not successful, and there is no mutual agreement by the Parties, the Court is required to set the matter for an Evidentiary Hearing. At this hearing, evidence is taken, there is testimony of the Parties and any witnesses, and the Judge rules accordingly at the conclusion of the hearing.
The Parties are required to attend the COPE class and file a Certificate of Completion with the Court. This COPE class is offered by various organizations throughout the Las Vegas Valley and is mandatory for parents with children. This is a three (3) hour course that focuses on relationships of the Parties and remind the Parties that although the marriage may be over, the Parties still need to communicate and cooperate with one another for the sake of the children. This class should be taken early on in the case when the Parties need the information obtained from this class the most.
Uncontested Divorce in Las Vegas
To be eligible for an uncontested divorce in Nevada, both parties must completely agree on the terms of their divorce. If applicable, this applies to issues surrounding child custody, child support, and spousal maintenance. Spouses find this option of divorce to be more attractive, as it can save both time and money. We urge you to contact our Las Vegas divorce lawyer today to ensure that your best interests are prioritized.
How Long Do You Have To Be Separated Before Divorce in NV?
The state of Nevada does not require a period of separation before divorce. However, living separately for at least one year may be listed as grounds for divorce when filing the document.
How Long Does It Take To Get a Divorce in Las Vegas?
Getting a divorce in Nevada can take anywhere from a few weeks to several months or more. The amount of time it takes depends on multiple factors, including:
- The type of divorce (summary, uncontested formal, uncontested divorce by publication, or contested);
- Whether there are children under the age of 18;
- Whether the parties agree on the division of assets, as well as how complex the marital estate is; and
- The court’s caseload.
How Much Does a Divorce Cost in Nevada?
At minimum, divorcing parties will need to pay the Nevada courts’ filing fee of approximately $300. The final cost of getting a divorce depends on several factors, such as:
Whether the divorce is contested;
Whether you have hired a divorce attorney
The amount of preparation fees (if applicable)
The complexity of dividing the couples’ assets and property; and
Whether there are custody issues
Residency Requirements to Divorce
By Nevada law, to successfully file for divorce, one of the party members must have lived within state lines for at least 6 weeks. For anyone active in the military, you can file in Nevada as long as you lived here before being stationed elsewhere. In some cases, members of the military may need to gain resident witness testimony as further proof of return.
Are There Advantages to Filing for Divorce First?
While Nevada is a "no-fault" divorce state, there are unique advantages to filing first. These include:
- More time to seek experienced legal representation
- The ability to choose the venue and dates
- More time to assess and evaluate assets and debts
- The ability to withdraw the divorce (as long as a response from the Defendant hasn't been given)
- Nevada offers plaintiffs the opportunity to testify both first and last in court
Who Gets the House in a Nevada Divorce?
Nevada is unique in the sense that it is only 1 of 9 states that practices a community property division system. This means all assets and debts acquired during the marriage will be divided 50/50. A common concern among divorcing couples is who will retain the family home. This is often a difficult situation, especially if minor children are involved.
Typically, a judge may evaluate three separate routes when deciding on this issue:
- Sell the home and divide the revenue down the middle
- Refinance the house so that one of the spouses can buy out the other.
- Plans on refinancing or selling the home once an event triggers a desired outcome (ex: the kids move out)
Contact our Las Vegas divorce lawyers to get started on your case today.
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