File a Do it Yourself Divorce in Nevada

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Filing for divorce can be a stressful experience. In Nevada, if you and your spouse agree all of the issues surrounding your divorce, such as the division of your property and the custody of any children, you may be able to file without an attorney. However, if you and your spouse do not agree on certain issues, you should consult an attorney to determine how to properly protect your rights.

Steps

Determining Whether you Qualify for a Divorce in Nevada

  1. 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. [1]
    • 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. [2]
    • Because the affidavit must be signed under penalty of perjury, lying has severe consequences, including the possibility of criminal charges. [3]
  2. 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. [4]
  3. 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.

Examining the Issues Present in a Divorce Case

  1. 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. [5] 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. [6] Property and debt that will be divided during a divorce includes the following: [7]
    • 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,
    • Household items and furniture owned by the spouses,
    • Cars owned by the spouses and any car loans, regardless of whose name is on the title or the loan,
    • Any balances on credit cards in either spouse’s name,
    • Any taxes owed by the spouses,
    • Any pensions or retirement savings,
    • Businesses owned by either spouse.
  2. 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.” [8]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: [9]
    • 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.
    • Which parent is most likely to allow the child to have a relationship with the parent who does not have custody.
    • The level of conflict between the parents, and the level of conflict between the parents and children.
    • The ability of the parents to cooperate to meet the child’s needs.
    • The mental and physical health of the parents.
    • The relationship between the parents and the child.
    • The physical, developmental and emotional needs of the child.
    • Whether there is more than one child, and whether the siblings should stay together.
    • Any history of parental abuse or neglect of the child or a sibling.
    • 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. [10] For more information on the COPE class, including the schedule and locations, visit http://www.familylawselfhelpcenter.org/classes-programs/cope-class/.
  3. 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. [11] 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. [12]
    • 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. [13]

Deciding Whether to Hire an Attorney

  1. 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. [14] 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.
  2. 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.
    • If you and your spouse do not agree on how to separate your property, or if you have children and need to come up with a custody arrangement, you should hire an attorney to assist you. A “contested” divorce where the parties do not agree can be extremely complicated, and you should have an expert to help you get the best possible outcome.
    • If you and your spouse agree on the issues surrounding your divorce, you can file for divorce together using one petition. However, if you do not agree, you will have to file on your own.
  3. Research local attorneys. If you decide to hire an attorney, you should research possible candidates to find one that is right for you. To begin the process, considering doing the following:
    • Get a referral from a friend or family member who has used a divorce lawyer before. Find out who they hired and if they would recommend the attorney. If you can’t get a referral from anyone you know, check online websites like Find Law, Avvo, and Yahoo Local to find a qualified attorney.
    • Once you have a list of attorneys that you think may be a good fit, set up “consultation” meetings so you can meet face to face. During the meeting, you can ask questions about your case and situation, and gage whether you get along with the attorney.
  4. Choose the right attorney for your situation. After meeting with potential attorneys, decide which one is the best for your particular situation. You should consider the amount of experience the attorney has, the price he or she will charge, and how well you got along with the attorney.
    • If, after meeting with an attorney, you think of other questions you would like to ask, don’t hesitate to call back and ask. You should make an informed decision, and the attorney that you are considering should not have any problem answering any and all questions that you may have.
    • 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

  1. 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. [15] 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: [16]
    • The custody of and visitation schedule for any minor children.
    • The amount of child support that one party (or both parties) will pay.
    • Who will provide health insurance for the children.
    • How any property of the spouses will be divided.
    • How any debts of the spouses will be paid.
    • Whether one of the spouses will receive any alimony, and, if so, how much alimony will be received, and how long will the alimony payments continue.
    • Whether the wife wants to change her name back to her maiden name.
  2. Complete the required paperwork with your spouse. In order to file for a divorce with your spouse, you must complete four documents, or six if you have minor children. Complete the following with your spouse:
    • Family Court Cover Sheet: This form asks for basic information about you, your spouse and your children such as your names, your ages and your addresses.
    • Affidavit of Resident Witness: This affidavit should be filled out by a friend, family member or coworker who sees you at least 3 times per week. The affidavit insures that you or your spouse meets the residency requirement of 6 weeks. If both you and your spouse are Nevada residents, you should just pick one spouse as the resident.
    • Joint Petition for Divorce: Use this form if you and your spouse do not have any children. The petition should be filled out by you and your spouse together, in order to tell the judge how you and your spouse have agreed to the issues in your divorce. This petition should include your full agreement, and will cover the division of any property, whether one party will receive alimony, and whether the wife will change her name. Make sure that you and your spouse both sign this petition in front of a notary.
    • Decree of Divorce: The judge will sign this document to approve your divorce. However, you and your spouse should complete and sign this form for the judge to approve. You are not divorced until the judge signs this decree.
    • Child Support and Welfare Identification Form: This form should only be completed if you have children, and contains information (such as both spouses social security numbers) that would enable the court to enforce a child support order.
    • Keep in mind that if you have children, you and your spouse must also file a certificate of completion from your COPE class.
  3. File your forms. After completing the forms with your spouse, 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.
    • When you file, you must pay a $299 fee. You may pay with cash, by money order, or using your credit/debit card.
  4. Submit your divorce documents to the judge. After filing your paperwork, the clerk should give you your original “decree of divorce” back. Take this form and attach it to a copy of your joint petition. After doing this, you should submit it to the judge who is assigned to your case.
    • You should also make two extra copies of your decree, and, after attaching them to another copy of your joint petition, give those to the judge.
  5. Complete the process. After you submit your papers to the judge, he will review them and sign your decree as long as the papers are completed correctly. After approval, the judge will either mail you your documents or someone from the judge’s office will call you you can pick them up.
    • When you get your documents back with the judge’s signature, you or your spouse must “file” them with the clerk’s office.
    • After filing, complete a "Certificate of Mailing" with your spouse to show the court that you both have seen a copy of the divorce.

Filing for Divorce Without Your Spouse

  1. 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.
  2. 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. [17]
    • 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. [18]
    • 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. [19]
    • 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).
  3. 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.
    • When you file, you must pay a $299 fee. You may pay with cash, by money order, or using your credit/debit card.
  4. 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. [20]
    • 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.
    • 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.” [21]
    • 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.
  5. 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.”
    • Answer: Filing an answer is an opportunity for your spouse to tell the judge which parts of the complaint they agree or disagree with. This will let the judge know what issues need to be dealt with in the divorce.
    • Counterclaim: In addition to telling the judge which parts of the complaint they don’t agree with, filing a counterclaim gives your spouse the opportunity to tell the judge exactly what they want. This is similar to the initial complaint.
  6. 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.

Going to Court

  1. 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. [23] 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. [24]
    • 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. [25]
  2. 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.
    • 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.
  3. 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. [26]

Sources and Citations

  1. http://www.familylawselfhelpcenter.org/self-help/divorce/overview
  2. http://www.familylawselfhelpcenter.org/self-help/divorce/overview
  3. http://www.familylawselfhelpcenter.org/self-help/divorce/overview
  4. http://www.familylawselfhelpcenter.org/self-help/divorce/overview
  5. http://www.familylawselfhelpcenter.org/self-help/divorce/overview
  6. http://www.familylawselfhelpcenter.org/self-help/divorce/overview
  7. http://www.familylawselfhelpcenter.org/self-help/divorce/overview
  8. http://www.familylawselfhelpcenter.org/self-help/custody-paternity-child-support/30-overview-of-custody-paternity-child-support
  9. http://www.familylawselfhelpcenter.org/self-help/custody-paternity-child-support/30-overview-of-custody-paternity-child-support
  10. http://www.familylawselfhelpcenter.org/classes-programs/cope-class
  11. http://www.familylawselfhelpcenter.org/self-help/divorce/overview
  12. http://www.smith-lawfirm.com/divorce_primer.htm
  13. http://www.familylawselfhelpcenter.org/self-help/divorce/overview
  14. http://www.lacsn.org/what-we-do/free-classes
  15. http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-together
  16. http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-together
  17. http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-on-your-own/126-completing-and-filing-the-divorce-papers
  18. http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-on-your-own/126-completing-and-filing-the-divorce-papers
  19. http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-on-your-own/126-completing-and-filing-the-divorce-papers
  20. http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-on-your-own/161-how-to-serve-the-divorce-papers
  21. http://www.clarkcountynv.gov/Depts/sheriff_civil/Pages/default.aspx
  22. http://www.familylawselfhelpcenter.org/self-help/divorce/responding-to-a-divorce/129-completing-and-filing-the-answer
  23. http://www.familylawselfhelpcenter.org/self-help/divorce/going-to-court22/31-case-management-conference
  24. http://www.familylawselfhelpcenter.org/self-help/divorce/going-to-court22/31-case-management-conference
  25. http://www.familylawselfhelpcenter.org/self-help/divorce/going-to-court22/31-case-management-conference
  26. http://www.familylawselfhelpcenter.org/self-help/divorce/going-to-court22/33-preparing-for-trial-divorce

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