Difference between revisions of "File a Do it Yourself Divorce in Nevada"
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=== Determining Whether you Qualify for a Divorce in Nevada === | === Determining Whether you Qualify for a Divorce in Nevada === | ||
| − | # Meet the residency requirement. In order to get a divorce in Nevada, either you or your spouse must have lived in Nevada for for at least 6 weeks prior to filing for divorce. Additionally, you must intend to remain in Nevada indefinitely in order to get a divorce there. <ref>http://www.familylawselfhelpcenter.org/self-help/divorce/overview</ref> | + | # Meet the residency requirement. In order to get a divorce in Nevada, either you or your spouse must have lived in Nevada for for at least 6 weeks prior to filing for divorce. Additionally, you must intend to remain in Nevada indefinitely in order to get a divorce there. <ref name="rf1">http://www.familylawselfhelpcenter.org/self-help/divorce/overview</ref> |
| − | #* To prove that you or your spouse has lived in Nevada for the required amount of time, a friend, coworker or family member must sign an affidavit stating that you or your spouse has indeed lived in Nevada for six weeks. <ref | + | #* To prove that you or your spouse has lived in Nevada for the required amount of time, a friend, coworker or family member must sign an affidavit stating that you or your spouse has indeed lived in Nevada for six weeks. <ref name="rf1" /> |
| − | #* Because the affidavit must be signed under penalty of perjury, lying has severe consequences, including the possibility of criminal charges. <ref | + | #* Because the affidavit must be signed under penalty of perjury, lying has severe consequences, including the possibility of criminal charges. <ref name="rf1" /> |
| − | # Consider your grounds for divorce. Spouses in Nevada do not need to prove "grounds" in order to obtain a divorce. The court will issue a divorce on the ground that the spouses are “incompatible” with each other (i.e., you do not get along). People refer to this as a "no-fault" divorce. <ref | + | # Consider your grounds for divorce. Spouses in Nevada do not need to prove "grounds" in order to obtain a divorce. The court will issue a divorce on the ground that the spouses are “incompatible” with each other (i.e., you do not get along). People refer to this as a "no-fault" divorce. <ref name="rf1" /> |
# Find out where to file. You must file a petition for divorce in the court that serves the county where you live. This court is where your divorce hearings will take place, and where you will turn in all of your paperwork. | # Find out where to file. You must file a petition for divorce in the court that serves the county where you live. This court is where your divorce hearings will take place, and where you will turn in all of your paperwork. | ||
#* To find the location of the courthouse that serves your county, visit Nevada’s Judicial Branch website at http://nvcourts.gov/Find_a_Court/District_Courts/. | #* To find the location of the courthouse that serves your county, visit Nevada’s Judicial Branch website at http://nvcourts.gov/Find_a_Court/District_Courts/. | ||
=== Examining the Issues Present in a Divorce Case === | === Examining the Issues Present in a Divorce Case === | ||
| − | # Determine how your property may be divided. Nevada is a “community property” state: this means that spouses are presumed to own all property acquired during the marriage equally. Therefore, in Nevada, all property owned by married persons on the dissolution of a marriage is presumed to be the property of both the husband and the wife equally and together. <ref | + | # Determine how your property may be divided. Nevada is a “community property” state: this means that spouses are presumed to own all property acquired during the marriage equally. Therefore, in Nevada, all property owned by married persons on the dissolution of a marriage is presumed to be the property of both the husband and the wife equally and together. <ref name="rf1" /> Additionally, any debts that the spouses take on during marriage are presumed to be community debt. However, if one spouse incurred a debt before the marriage, that debt is usually considered “separate property” and is not divided in the divorce. <ref name="rf1" /> Property and debt that will be divided during a divorce includes the following: <ref name="rf1" /> |
#* Any bank accounts, regardless of which spouse’s name is on the account, | #* Any bank accounts, regardless of which spouse’s name is on the account, | ||
#* Real estate and any mortgages, regardless of whose name is on the title, | #* Real estate and any mortgages, regardless of whose name is on the title, | ||
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#* Any pensions or retirement savings, | #* Any pensions or retirement savings, | ||
#* Businesses owned by either spouse. | #* Businesses owned by either spouse. | ||
| − | # Discuss child support and child custody with your spouse if you have children. If you and your spouse have children, the court will come up with a custody arrangement that is in the “best interests of the child.” <ref>http://www.familylawselfhelpcenter.org/self-help/custody-paternity-child-support/30-overview-of-custody-paternity-child-support</ref>This could mean that you and your spouse will share custody, or the court could award one party full custody. Additionally, you and your spouse will have to determine each party’s child support obligations based on how the court determines custody.In determining custody, the court will consider the following: <ref | + | # Discuss child support and child custody with your spouse if you have children. If you and your spouse have children, the court will come up with a custody arrangement that is in the “best interests of the child.” <ref name="rf2">http://www.familylawselfhelpcenter.org/self-help/custody-paternity-child-support/30-overview-of-custody-paternity-child-support</ref>This could mean that you and your spouse will share custody, or the court could award one party full custody. Additionally, you and your spouse will have to determine each party’s child support obligations based on how the court determines custody.In determining custody, the court will consider the following: <ref name="rf2" /> |
#* The preference of the child, as long as he or she is old enough (in the court’s opinion) to form an intelligent opinion. | #* The preference of the child, as long as he or she is old enough (in the court’s opinion) to form an intelligent opinion. | ||
#* The wishes of the parents if both agree on which parent should have custody or agree on joint custody. | #* The wishes of the parents if both agree on which parent should have custody or agree on joint custody. | ||
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#* Any history of parental abuse or neglect of the child or a sibling. | #* Any history of parental abuse or neglect of the child or a sibling. | ||
#* Any history of domestic violence by one of the parents. | #* Any history of domestic violence by one of the parents. | ||
| − | #* In order to be granted a divorce, both parents must attend a co-parenting class called “COPE” that is provided by the court. <ref>http://www.familylawselfhelpcenter.org/classes-programs/cope-class</ref> For more information on the COPE class, including the schedule and locations, visit http://www.familylawselfhelpcenter.org/classes-programs/cope-class/. | + | #* In order to be granted a divorce, both parents must attend a co-parenting class called “COPE” that is provided by the court. <ref name="rf3">http://www.familylawselfhelpcenter.org/classes-programs/cope-class</ref> For more information on the COPE class, including the schedule and locations, visit http://www.familylawselfhelpcenter.org/classes-programs/cope-class/. |
| − | # Consider whether you or your spouse will be asking for alimony. In Nevada, either spouse may ask for continued support from the other. Typically however, the court will only consider awarding alimony in cases where the marriage was longer in duration and there is a large difference in the parties’ income. <ref | + | # Consider whether you or your spouse will be asking for alimony. In Nevada, either spouse may ask for continued support from the other. Typically however, the court will only consider awarding alimony in cases where the marriage was longer in duration and there is a large difference in the parties’ income. <ref name="rf1" /> The court will consider many factors when determining whether to award support payments, including the length of the marriage and the earning potential of the spouse who is asking for alimony. |
| − | #* The court will determine whether support is appropriate based on all of the facts and circumstances surrounding the parties. There is no formula that is used to determine how much payments will be. <ref>http://www.smith-lawfirm.com/divorce_primer.htm</ref> | + | #* The court will determine whether support is appropriate based on all of the facts and circumstances surrounding the parties. There is no formula that is used to determine how much payments will be. <ref name="rf4">http://www.smith-lawfirm.com/divorce_primer.htm</ref> |
| − | #* The court can award support to be paid in a lump sum (all at one time), periodically for a pre-determined temporary amount of time, or permanently. <ref | + | #* The court can award support to be paid in a lump sum (all at one time), periodically for a pre-determined temporary amount of time, or permanently. <ref name="rf1" /> |
=== Deciding Whether to Hire an Attorney === | === Deciding Whether to Hire an Attorney === | ||
# Determine whether you need an attorney. While having an attorney to advocate on your behalf may insure that the divorce process goes smoothly, you may be able to complete the divorce without a lawyer. | # Determine whether you need an attorney. While having an attorney to advocate on your behalf may insure that the divorce process goes smoothly, you may be able to complete the divorce without a lawyer. | ||
| − | #* In Nevada, courts try to help parties who may want to file for divorce without an attorney by holding classes that go over the divorce process and how to fill out the required paperwork. <ref>http://www.lacsn.org/what-we-do/free-classes</ref> The classes are offered in English and Spanish, and are free. For more information on the classes, visit the website at http://www.lacsn.org/what-we-do/free-classes. | + | #* In Nevada, courts try to help parties who may want to file for divorce without an attorney by holding classes that go over the divorce process and how to fill out the required paperwork. <ref name="rf5">http://www.lacsn.org/what-we-do/free-classes</ref> The classes are offered in English and Spanish, and are free. For more information on the classes, visit the website at http://www.lacsn.org/what-we-do/free-classes. |
# Confirm that you and your spouse are on the same page. Typically, if you and your spouse agree on the issues surrounding your divorce, you do not need to hire an attorney. | # Confirm that you and your spouse are on the same page. Typically, if you and your spouse agree on the issues surrounding your divorce, you do not need to hire an attorney. | ||
#* For example, if you and your spouse agree on how to divide your property, and if there are no children involved, you can probably file for divorce on your own and save money. If you do not have an attorney, you and your spouse will be responsible for filing all of your paperwork, and will each talk to the judge without getting any help preparing. | #* For example, if you and your spouse agree on how to divide your property, and if there are no children involved, you can probably file for divorce on your own and save money. If you do not have an attorney, you and your spouse will be responsible for filing all of your paperwork, and will each talk to the judge without getting any help preparing. | ||
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#* If you cannot afford an attorney, you can try to obtain legal help on a “pro bono” (free) basis. Nevada offers many services to help low income individuals receive the legal help they need. To see what resources are available to you, visit the Family Law Self-Help Center at http://www.familylawselfhelpcenter.org/self-help/getting-started/lawyers-and-legal-help/. | #* If you cannot afford an attorney, you can try to obtain legal help on a “pro bono” (free) basis. Nevada offers many services to help low income individuals receive the legal help they need. To see what resources are available to you, visit the Family Law Self-Help Center at http://www.familylawselfhelpcenter.org/self-help/getting-started/lawyers-and-legal-help/. | ||
=== Filing for Divorce With Your Spouse === | === Filing for Divorce With Your Spouse === | ||
| − | # Determine whether you and your spouse can file together. Filing for divorce with your spouse is the easiest and fastest way to get a divorce in Nevada. However, by filing for divorce jointly, you waive your right to appeal the divorce decree once it is entered. <ref>http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-together</ref> This may be an option for you if you and your spouse both agree that ending your marriage is the best thing for both of you. However, if you want to file for divorce together, you and your spouse must agree on all of the following issues: <ref | + | # Determine whether you and your spouse can file together. Filing for divorce with your spouse is the easiest and fastest way to get a divorce in Nevada. However, by filing for divorce jointly, you waive your right to appeal the divorce decree once it is entered. <ref name="rf6">http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-together</ref> This may be an option for you if you and your spouse both agree that ending your marriage is the best thing for both of you. However, if you want to file for divorce together, you and your spouse must agree on all of the following issues: <ref name="rf6" /> |
#* The custody of and visitation schedule for any minor children. | #* The custody of and visitation schedule for any minor children. | ||
#* The amount of child support that one party (or both parties) will pay. | #* The amount of child support that one party (or both parties) will pay. | ||
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=== Filing for Divorce Without Your Spouse === | === Filing for Divorce Without Your Spouse === | ||
# Determine if you must file by yourself. If you and your spouse do not agree on the divorce, and they will not sign the papers or complete a joint petition, you will need to file for divorce on your own. | # Determine if you must file by yourself. If you and your spouse do not agree on the divorce, and they will not sign the papers or complete a joint petition, you will need to file for divorce on your own. | ||
| − | # Fill out the required forms. To start a divorce, you will need four court forms: the Family Court Cover Sheet, the Complaint for Divorce, the Summons, and the Joint Preliminary Injunction. You can find all of these forms by visiting the Family Law Self-Help Center at http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-on-your-own/126-completing-and-filing-the-divorce-papers and downloading the forms you need. <ref>http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-on-your-own/126-completing-and-filing-the-divorce-papers</ref> | + | # Fill out the required forms. To start a divorce, you will need four court forms: the Family Court Cover Sheet, the Complaint for Divorce, the Summons, and the Joint Preliminary Injunction. You can find all of these forms by visiting the Family Law Self-Help Center at http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-on-your-own/126-completing-and-filing-the-divorce-papers and downloading the forms you need. <ref name="rf7">http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-on-your-own/126-completing-and-filing-the-divorce-papers</ref> |
#* Family Court Cover Sheet: This form asks for basic information about you, your spouse, and any of your joint children. Because you are filing for the divorce, you are called the “plaintiff” and your spouse is the “defendant.” | #* Family Court Cover Sheet: This form asks for basic information about you, your spouse, and any of your joint children. Because you are filing for the divorce, you are called the “plaintiff” and your spouse is the “defendant.” | ||
| − | #* Divorce Complaint: The complaint tells the court what you want out of the divorce. In the complaint you will tell the judge what type of custody/visitation arrangement you want, whether you want alimony, how you want your property and debts divided, and whether you want to restore your prior name. <ref | + | #* Divorce Complaint: The complaint tells the court what you want out of the divorce. In the complaint you will tell the judge what type of custody/visitation arrangement you want, whether you want alimony, how you want your property and debts divided, and whether you want to restore your prior name. <ref name="rf7" /> |
| − | #* Summons: A summons is how you tell your spouse that you are filing for divorce. Once your spouse receives the summons, they will have 20 days to file a response, or a default judgement will be entered against them. <ref | + | #* Summons: A summons is how you tell your spouse that you are filing for divorce. Once your spouse receives the summons, they will have 20 days to file a response, or a default judgement will be entered against them. <ref name="rf7" /> |
#* Joint Preliminary Injunction: This injunction applies to both you and your spouse, and prevents you from doing certain things while the divorce is pending. Under this injunction, neither you nor your spouse can do the following: hide or sell any property, harass each other or engage in other negative behavior, or remove any of your children from Nevada (without prior court permission). | #* Joint Preliminary Injunction: This injunction applies to both you and your spouse, and prevents you from doing certain things while the divorce is pending. Under this injunction, neither you nor your spouse can do the following: hide or sell any property, harass each other or engage in other negative behavior, or remove any of your children from Nevada (without prior court permission). | ||
# File your forms. After completing the required forms, you need to file them with the family court in your county. You can file the forms in person by going to the clerk’s office, or you can send them through the mail to the courthouse. | # File your forms. After completing the required forms, you need to file them with the family court in your county. You can file the forms in person by going to the clerk’s office, or you can send them through the mail to the courthouse. | ||
#* You also may be able to file your paperwork online through the Nevada courts’ system, however, this option may not be available everywhere. Contact your local court to see if online filing may be available to you. | #* You also may be able to file your paperwork online through the Nevada courts’ system, however, this option may not be available everywhere. Contact your local court to see if online filing may be available to you. | ||
#* When you file, you must pay a $299 fee. You may pay with cash, by money order, or using your credit/debit card. | #* When you file, you must pay a $299 fee. You may pay with cash, by money order, or using your credit/debit card. | ||
| − | # Serve your spouse. After you file your divorce paperwork, you are required to give your spouse “notice” of the divorce before you file. This is so your spouse knows about the required court dates, and so that your spouse can “answer” your complaint with his or her own. After filing, someone must hand deliver a copy of the summons, complaint and preliminary injunction to your spouse. The court will not serve your spouse for you, so it is up to you to make sure that they get served. <ref>http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-on-your-own/161-how-to-serve-the-divorce-papers</ref> | + | # Serve your spouse. After you file your divorce paperwork, you are required to give your spouse “notice” of the divorce before you file. This is so your spouse knows about the required court dates, and so that your spouse can “answer” your complaint with his or her own. After filing, someone must hand deliver a copy of the summons, complaint and preliminary injunction to your spouse. The court will not serve your spouse for you, so it is up to you to make sure that they get served. <ref name="rf8">http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-on-your-own/161-how-to-serve-the-divorce-papers</ref> |
#* You must serve your spouse within 120 days after filing your paperwork, or your divorce complaint will be completely dismissed. | #* You must serve your spouse within 120 days after filing your paperwork, or your divorce complaint will be completely dismissed. | ||
#* To serve your spouse, have the papers hand delivered by a "disinterested person." This means someone who is not a party in the case, does not care about the outcome of the case, and who is at least 18 years old. | #* To serve your spouse, have the papers hand delivered by a "disinterested person." This means someone who is not a party in the case, does not care about the outcome of the case, and who is at least 18 years old. | ||
#* It is not wise to have close family members or friends serve the papers, because it is likely that they are not uninterested. | #* It is not wise to have close family members or friends serve the papers, because it is likely that they are not uninterested. | ||
| − | #* You can ask a neutral person to serve the documents, or you can hire the sheriff or a private process service to serve the documents for a fee. To find out more about getting the sheriff to serve your papers, call your local sheriff’s office and ask about “serving process.” <ref>http://www.clarkcountynv.gov/Depts/sheriff_civil/Pages/default.aspx</ref> | + | #* You can ask a neutral person to serve the documents, or you can hire the sheriff or a private process service to serve the documents for a fee. To find out more about getting the sheriff to serve your papers, call your local sheriff’s office and ask about “serving process.” <ref name="rf9">http://www.clarkcountynv.gov/Depts/sheriff_civil/Pages/default.aspx</ref> |
#* Whoever serves your spouse must complete a “Return of Service” as proof. Either you or the person who served your spouse will file the return of service with the court. | #* Whoever serves your spouse must complete a “Return of Service” as proof. Either you or the person who served your spouse will file the return of service with the court. | ||
# Wait for your spouse to respond to your complaint. Once your spouse has been served with the divorce papers, they will have the opportunity to respond. Your spouse will have 20 days to respond to the petition, but can also ask for more time if needed. To respond, your spouse will file an “answer” or a “counterclaim.” | # Wait for your spouse to respond to your complaint. Once your spouse has been served with the divorce papers, they will have the opportunity to respond. Your spouse will have 20 days to respond to the petition, but can also ask for more time if needed. To respond, your spouse will file an “answer” or a “counterclaim.” | ||
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# File a financial disclosure statement. After your spouse responds to the petition, both of you will be required a “financial disclosure statement” within 30 days of your spouse’s response. | # File a financial disclosure statement. After your spouse responds to the petition, both of you will be required a “financial disclosure statement” within 30 days of your spouse’s response. | ||
#* The financial disclosure form is found at http://www.familylawselfhelpcenter.org/images/forms/misc/financial-disclosure-form-pdf.pdf. | #* The financial disclosure form is found at http://www.familylawselfhelpcenter.org/images/forms/misc/financial-disclosure-form-pdf.pdf. | ||
| − | #* This form asks for financial information so that the judge is able to make decisions about division of property, alimony, and child support (if applicable). <ref>http://www.familylawselfhelpcenter.org/self-help/divorce/responding-to-a-divorce/129-completing-and-filing-the-answer</ref> | + | #* This form asks for financial information so that the judge is able to make decisions about division of property, alimony, and child support (if applicable). <ref name="rf10">http://www.familylawselfhelpcenter.org/self-help/divorce/responding-to-a-divorce/129-completing-and-filing-the-answer</ref> |
=== Going to Court === | === Going to Court === | ||
| − | # Attend your case management conference. After your spouse files an answer or a counterclaim, the judge will set up a “case management conference” for both you and your spouse to attend. <ref>http://www.familylawselfhelpcenter.org/self-help/divorce/going-to-court22/31-case-management-conference</ref> You will receive a notice of the date the conference. At this conference, the judge will talk to the parties and any attorneys to see what issues need to be taken care of. At this point, the judge will decide how best to proceed. <ref | + | # Attend your case management conference. After your spouse files an answer or a counterclaim, the judge will set up a “case management conference” for both you and your spouse to attend. <ref name="rf11">http://www.familylawselfhelpcenter.org/self-help/divorce/going-to-court22/31-case-management-conference</ref> You will receive a notice of the date the conference. At this conference, the judge will talk to the parties and any attorneys to see what issues need to be taken care of. At this point, the judge will decide how best to proceed. <ref name="rf11" /> |
#* Depending on your situation, the court may order you and your spouse to attend mediation, which will allow a neutral “mediator” who is not on anyone’s side to try and help you and your spouse come up with an agreement. | #* Depending on your situation, the court may order you and your spouse to attend mediation, which will allow a neutral “mediator” who is not on anyone’s side to try and help you and your spouse come up with an agreement. | ||
| − | #* The judge can also set a date for the trial at this hearing. <ref | + | #* The judge can also set a date for the trial at this hearing. <ref name="rf11" /> |
# Go to mediation. Before setting a date for trial, it is likely that the judge will order you and your spouse to attend a mediation session to see if you may be able to come to an agreement. | # Go to mediation. Before setting a date for trial, it is likely that the judge will order you and your spouse to attend a mediation session to see if you may be able to come to an agreement. | ||
#* While at your session, remember that the goal is to solve the issues between you and your spouse and come up with a divorce decree that works for both parties. | #* While at your session, remember that the goal is to solve the issues between you and your spouse and come up with a divorce decree that works for both parties. | ||
#* Don’t go into mediation with a mindset that you have to “win” or “punish” your spouse. Instead, you should be prepared to work collaboratively with the mediator and your spouse to come up with a creative solution to your issues. | #* Don’t go into mediation with a mindset that you have to “win” or “punish” your spouse. Instead, you should be prepared to work collaboratively with the mediator and your spouse to come up with a creative solution to your issues. | ||
#* If you and your spouse come to an agreement in mediation or negotiation, you will be able to attend your hearing and simply have the judge sign the agreement. However, if you were not able to come to an agreement, the judge will set a date for a trial on the divorce to decide on the terms. | #* If you and your spouse come to an agreement in mediation or negotiation, you will be able to attend your hearing and simply have the judge sign the agreement. However, if you were not able to come to an agreement, the judge will set a date for a trial on the divorce to decide on the terms. | ||
| − | # Complete your trial. If you and your spouse do not come to an agreement on your divorce, even after attending mediation (if the judge orders you to go), the case will be set for trial. Preparing for trial can be difficult, so you should probably hire an attorney to represent you, especially if your spouse has an attorney. <ref>http://www.familylawselfhelpcenter.org/self-help/divorce/going-to-court22/33-preparing-for-trial-divorce</ref> | + | # Complete your trial. If you and your spouse do not come to an agreement on your divorce, even after attending mediation (if the judge orders you to go), the case will be set for trial. Preparing for trial can be difficult, so you should probably hire an attorney to represent you, especially if your spouse has an attorney. <ref name="rf12">http://www.familylawselfhelpcenter.org/self-help/divorce/going-to-court22/33-preparing-for-trial-divorce</ref> |
#* Depending on your situation, the trial may be fairly short and easy, or long and complicated. Visit the Nevada courts' Family Law Self-Help Center website at http://www.familylawselfhelpcenter.org/self-help/divorce/going-to-court22/33-preparing-for-trial-divorce to get more information on your trial. | #* Depending on your situation, the trial may be fairly short and easy, or long and complicated. Visit the Nevada courts' Family Law Self-Help Center website at http://www.familylawselfhelpcenter.org/self-help/divorce/going-to-court22/33-preparing-for-trial-divorce to get more information on your trial. | ||
#* After the trial, the judge will fill out a “Order from Hearing” to finalize your divorce. | #* After the trial, the judge will fill out a “Order from Hearing” to finalize your divorce. | ||
