Divorce papers in Nevada — filing for divorce in NV

Online divorce in Nevada

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How to get divorce in Nevada

Online Divorce provides qualitative and approved by Nevada courts divorce papers. The information below may help to understand more about the divorce in Nevada. onlinedivorce.com provides quick and inexpensive services of online divorce in Nevada.


The key conditions to get a divorce in Nevada are:

1

Termination of marriage in Nevada is legally referred to as Divorce from the Bonds of Matrimony. To get a Divorce from the Bonds of Matrimony, the marriage must be legally concluded, that is, in accordance with state law.

2

Either spouse must be a resident of the state and they must not cohabit for at least 1 year before filing a lawsuit.

3

To submit for divorce, the parties need to give the court grounds for divorce.

4

"There are contested and uncontested divorces. A contested divorce means that the court makes decisions about all the most essential terms of the case after a number of trials. To be eligible for uncontested divorce the spouses should be ready to reach an agreement about property division, child custody, alimony and so on in advance. If there is an agreement between the spouses, the judge must approve it but typically such a type of divorce is easier."

5

"Then, the divorce paperwork must be filled out and filed to the court. The forms vary depending on case circumstances. Correct preparation of the documents is an essential step of the whole divorce process."

6

When the divorce form documents are ready they need to be submitted to the court and the copies must be delivered to the non-filing spouse. After that, the court may appoint a hearing on the case. The waiting period before the hearing can be up to several months. The minimum period for granting a divorce is 20 days.

Residency:

In order to file for divorce in Nevada, one of the spouses must live in the state for 6 weeks prior to filing a divorce form documents.

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Valid grounds to get divorce in Nevada

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The basis grounds in Nevada are:

#1

Madness of the spouse, lasting not less than 2 years preceding the beginning of the divorce proceedings;

#2

Spouses reside separately without cohabitating for at least a year;

#3

Incompatibility of the spouses;

Nevada is a state with innocent divorce, in other words, there is no need to prove the fault of the spouse in the courtroom. However, if the reason for the divorce is insanity, then it must be proven.

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Annulment of the marriage in Nevada

In the state of Nevada, there are two ways to terminate marital relations:

  • Get a divorce - is meant to dissolve the marriage, which was registered legally.
  • To receive an annulment - a marriage that has been registered legally recognized as invalid, which means that it was concluded with violation of the law.

To recognize the marriage as invalid, that is, one that never existed, the couple must meet at least one of the following requirements:

  • During the marriage ceremony, one of the spouses could not give voluntary consent for the marriage.
  • One of the spouses forced the second to marry.
  • One of the spouses is impotent.
  • Spouses are blood relatives.
  • Bigamy: one of the spouses was in a marriage that is not yet dissolved, at the time of the wedding ceremony.
  • One of the spouses was less than 18 years of age at the time of marriage.
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Custody of the child in Nevada

Custody of the child

The custody of minors is limited to the distribution of the rights and duties of parents. Before the court is the task to make a decision that will be based on the best interests of the child, so the court will need to carefully analyze the following circumstances:

  • The relationship of the child with the parents and the ability of each parent to assume responsibility in the process of education, as well as the opportunity to give the child love and care.
  • The ability of each parent to provide the child with food, medical care and insurance, education and residence.
  • The ability of each parent to ensure the safety of the child.
  • The ability of each parent to establish warm contact with the child.
  • The possibilities of adapting a child to a new habitat.
  • The ability of parents to cooperate with each other in resolving conflict issues regarding the upbringing of the child.
  • Grounds for divorce.
  • The relationship of the child with people from the close environment of each spouse.
  • Any other factors that the court considers important.

Similarly, when a decision is made regarding custody, the courts ask the parents to attach a parenting plan to their Nevada divorce papers, which will contain provisions for the child's visit, the distribution of responsibility between the parents in matters of custody, the notification of the transfer of the spouse, where the child will live and what school will attend, ways of resolving disputes between parents, the cost of moving the child.

Rules for child support in Nevada

When calculating the amount of support, Nevada courts use the Income Shares Model and is awarded based on state recommendations and with the mandatory condition that the minimum payment should be 60 $ per month/. The state's recommendations are based on the reasonable needs of the child, as well as the financial capabilities of the parents. The amount is calculated from the net total income of each parent, as well as the number of underage children in the family. Also, the amount of financial support can be affected by such factors as the availability of medical insurance for the child, the cost of education for the child, the ability of each parent to provide financial support for the basic needs of the child.

Uncontested Nevada divorce with children
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Rules for spousal support in Nevada

Rules for spousal support

The court may award alimony (spousal support) to the wife or husband, depending on what is fair. A spouse may be granted or vigil every month for a specified period. The following factors can affect the decision about alimony:

  • The value and nature of the property that each spouse possesses;
  • Financial position of the parties;
  • How many years the couple lived in an official marriage;
  • The contribution each of the spouses made to the transfer of property;
  • Income level of each spouse;
  • The age and physical characteristics of each spouse;
  • Mental health of each spouse;
  • Salary of each spouse;
  • The standard of living that a couple had during a marriage;
  • Career growth of each spouse;
  • The availability of education or additional skills to promote the career ladder, which each of the spouses received during the marriage;
  • The contribution of each spouse to maintaining home comfort;
  • Property owned by each spouse after the separation of common property;

The payment of alimony is terminated if the spouse receiving them re-marries.

Property division in Nevada

Property division

Nevada is a community property state. All that was purchased by one of the suprug during the marriage, regardless of the method of acquisition, is a common property. When divorced in Nevada, the common property of the spouses is shared equally between the spouses. The same applies to the debts that one of the spouses has acquired in marriage, both spouses are equally responsible for them.

Under the division is subject only to property acquired in marriage, that is the separate property of each spouse (acquired before the marriage) remains to belong to the initial owner.

Divorce without a lawyer in Nevada

Cases, when a divorce is made without the participation of a lawyer, are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". A divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it may be rather convenient to initiate the Pro Se Divorce.

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Offline process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditure. Overall lenghty and expensive way to go.
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Mediation support in Nevada

The court does not oblige spouses who wish to divorce to seek the help of mediators, but either of them can voluntarily use the services of a third party to resolve conflict situations in the process of divorce.

Divorce forms in Nevada

Divorce proceedings begin with the filling out divorce form documents and filing them in court. In Nevada, there are many different forms, but not everything is worth filling out, but only those that fit under the conditions of the certain divorce case. For an agreed divorce the spouses may complete the ‘Joint Petition’, if the spouse does not agree to a divorce, then ‘Complaint for Divorce’. The most common divorce forms and documents are ‘Decree of Divorce’, an ‘Affidavit of Resident Witness’, and ‘Certificate of Service or Waiver’ and a ‘Child Welfare and Identification Sheet’. 

Uncontested divorce in Nevada

Uncontested divorce in Nevada

Nevada uncontested or ‘summary divorce’ means that it's no need to go to court and attend the numerous trial hearings if the spouses can reach an agreement.
The divorce papers just must be submitted to the court and the judge signs them if they are sufficient and an agreement between the spouses is fair.
Briefly, the essence of the uncontested divorce is that the spouses have already agreed on all the key points of marriage.

In order to be able to get a summary divorce in the state of Nevada, the following points must be met:

  • Spouses did not live together and did not cohabit for at least 1 year or they are incompatible and this are the grounds for divorce.
  • Spouses do not have general minor children, and the wife is not pregnant at the time of filing the petition to the court. Alternatively, if the spouses have common minor children, but the couple has a written agreement on how the guardianship and hours of the child's visit should be distributed, as well as the amount of his or her financial support.
  • Spouses have no common property. Or if there is a property that was acquired in the marriage, the spouses have made a written agreement on how it will be divided after the divorce.
  • Both spouses refuse to apply for alimony or if support is needed, then there is a written agreement on the amount and payment period.
  • Both spouses refuse after the divorce to fool the judge's decision, as there is a written agreement.
  • Both spouses want the court to introduce the final decree on the dissolution of marriage.

If the spouses meet all the criteria for an uncontested divorce and fill out the divorce form documents correctly, then the judge may grant a divorce within 20 days but anyway not earlier.

How to serve divorce papers in Nevada

If the spouses don't file the petition for divorce jointly the filing spouse is assumed to deliver the copies of the documents the other party.
Nevada laws allow to serve the non-filing spouse in such ways:

  • Sheriff service; 
  • Private process server; 
  • Via certified mail.

 

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Filing fees for divorce in Nevada

The total cost of an uncontested divorce may include Nevada court filing fees and cost of using the service of online divorce in Nevada. This cost may vary by county.