Getting a divorce can be emotional, but it doesn't have to be complicated.You don't need to blame one spouse for the breakdown of the marriage because Nevada is a "no fault" state.To make the divorce go as smoothly as possible, you should reach agreement on key issues such as alimony, child custody, and the division of property and debts.When both parties agree to the divorce and its terms, you can file for an uncontested divorce.Reducing the time you spend in court can save you time and money.If you have reached an agreement on the terms of your divorce, you should file in the appropriate district court.
Step 1: It's a good idea to schedule a time to talk with your spouse.
You should meet with your spouse to discuss the terms of the divorce.The two of you should be alone for several hours.You shouldn't be interrupted if the children are sent to visit friends.You will need a lot of meetings to reach an agreement on important issues.You can use a template from a Joint Petition to guide your discussion.You can get the form from your district court clerk.Don't forget anything if you work down through the issues in the petition.
Step 2: Decide if the spouse wants alimony.
Alimony is the amount of money one spouse pays to the other each month.The purpose is to reduce the financial effects of the divorce.If either spouse wants alimony, you should talk about it.Judges do not always award alimony.If the divorce would leave you at an unfair disadvantage because of your health, age, or ability to work, you might qualify.Some judges will award alimony if one person makes less money than the other.A disabled spouse might get alimony, as might a spouse who stayed at home to raise the family.
Step 3: Determine child custody.
Unless a judge decides otherwise, you will have joint physical custody.Each parent will have at least 40% of the year with their children.This arrangement might not work for you.If you don't, you should decide who will have primary physical custody.Both parents have the right to make legal decisions for their children on issues such as healthcare, education, etc.In most situations, legal custody will be shared.
Step 4: Child support payments should be estimated.
Both parents have a responsibility to support their children.Child support can be determined using a formula.The other parent will pay a percentage of their income if one parent has primary custody.There isn't much to say because the judge uses a formula.If your child is disabled, you should divide their expenses.Decide who will pay for your children's health insurance and who won't.To get an idea of the costs of caring for your children, it is a good idea to have a list of past expenses for both parents to review.
Step 5: You need to divide your property.
Nevada's community property state means that income earned by both parties and property purchased during the marriage belongs to both spouses.Some assets may be excluded from this if they were gifted to you or your spouse.The property will usually be split by a court.You can decide how to divide it.Marital property doesn't include your separate property.Before getting married, you owned separate property.Gifts and inheritances are not the same.
Step 6: You need to divide your debts.
Any debts either spouse took out during the marriage is theirs to keep.The judge will divide the debts if you can't reach an agreement.Divide the debts in a way that makes sense.If you have jobs, you might split the mortgage equally.If your spouse took out large debts behind your back, you can request that the judge assign the debts to them, but keep in mind that these debts will still be considered community debts.
Step 7: Don't agree to something you will regret later.
A divorce where you agree on everything goes quickly.You should not agree to something unless you are in agreement.It is possible that you are signing away important rights.If your spouse wants joint custody, you might want primary custody.To make the divorce go quicker, don't agree to joint custody.
Step 8: It's necessary to meet the residency requirement.
One spouse must have lived in Nevada for at least six weeks to get divorced.You will have to wait if you don't meet this requirement.Don't lie.You will need to sign a declaration stating that you have lived in the state for at least six weeks.
Step 9: Do you know where to file for divorce?
You can file for divorce in the county where you last resided as a married couple.You can still get divorced in Nevada if your spouse has left the state.All of Nevada's 17 counties are served by the 11 district courts.Here you can find the correct district court.
Step 10: Pick up the correct forms.
The forms you can use to get divorced should be in your district court.Go to the court's website and ask the clerk.The packet of forms you get depends on the divorce you are seeking.If you agree on everything, you can file for a divorce.You will need to file a complaint if you disagree on any issue.If you are filing for a divorce, there should be a separate packet of forms.
Step 11: You should consult with an attorney.
If you and your spouse agree on all issues, you might not need a lawyer.You definitely want to meet with a lawyer to protect your rights if you have a divorce.You can get a referral from the Nevada Bar Association.You can schedule a consultation.Money may be a concern.Free legal classes can help you learn the law.There are free classes on the website: https://www.lacsn.org/what-we-do/free-classes.There are videos created by family court judges to help you understand divorce and custody issues.If you don't have a lawyer, you should watch these videos.
Step 12: You need to fill out the forms.
Provide the requested information.You should type the information or print it out.The judge needs to be able to read your information.Ask someone to look over your forms if your court has a Self-Help Center.Check if a form needs to be signed.Wait to sign the form until you get to the courthouse, where there should be a public notary public.
Step 13: The forms should be filed.
Ask the court clerk how many copies you need to file.Take your completed forms with you to the court clerk.You will have to pay a fee.Check with the court clerk for acceptable payment methods.You can ask for a fee waiver if you can't afford it.Talk to the court clerk if you want to file a joint petition.In Clark County, you will need to make several copies of the joint petition and divorce decree and submit them to the judge.
Step 14: You should serve the forms to your spouse.
You need to get one copy of every document you have filed.You will need to send these documents to your spouse.The court won't give you service.The spouse can waive the service requirement by filling out a form.After you file, you only have 120 days to serve your spouse.There is no reason to delay.After filing, you should arrange service.You can have someone older than 18 deliver the papers to your spouse.The person is not interested in the case.Don't ask family members or friends.The sheriff or a process server will be required by some judges to make service.Check the fees.
Step 15: You can read your spouse's response.
The answer has 20 days to be filed by your spouse.You should get a copy of your spouse's response.It's important to read it closely.You can ask the judge for a default divorce if your spouse doesn't file a response.You can fill out the form at the court.
Step 16: Financial disclosures can be filed.
After your spouse files their answer, you must file financial disclosures.The forms can be obtained from the court clerk.Also look at the website.You need to send a copy of your financial disclosures to your spouse.
Step 17: There is a case management conference.
If you and your spouse can't agree on the terms of your divorce, then you'll have to go to court within 90 days.The court in Clark County will send you a date for the case management conference in the mail.The process might be different in other counties.Ask the court clerk.The purpose of the conference is to find out what issues your spouse and you agree on.The judge will make a decision based on where things stand.You could get divorced if you and your spouse agree on everything.
Step 18: If necessary, participate in mediation.
If you can't agree on child custody issues, Nevada courts will refer you to mediation.Once your case is filed, you can request mediation.Both parents will work with a third party to find a parenting plan that works for them.The judge can waive the mediation requirement if there is a history of abuse.You should be able to fill out the form.
Step 19: Take temporary orders.
It can take a year or more for a divorce to be finalized.The judge might grant temporary orders in the interim.You can file a motion with the court if you want temporary alimony, child support, or sole possession of your house.Until the judge grants a final divorce decree, these orders are temporary.The court clerk might have fill-in-the-blank motion forms.You can file a motion in opposition if your spouse files for a temporary order.If you need help requesting or opposing temporary orders, consult with an attorney.
Step 20: If you have children, attend a seminar.
You will receive a certificate when you complete the class, which you must file with the court.Contact your court clerk to find out more about the seminar.
Step 21: Prepare for your trial.
The judge will schedule a trial if you can't reach an agreement with your spouse.You can gather evidence to support your positions.If you are fighting over child custody, you need to convince the judge that it is in the child's best interest to live with you.You can have witnesses testify about your relationship with your children.If you are arguing over the division of property, you should gather proof that it is separate property.You could argue that something was given to you as a gift.The person who gave you the property can testify.You should show why you are entitled to alimony.A doctor can testify about your medical condition if you are disabled.
Step 22: Attend the trial.
Give yourself time to find a parking spot.You should not bring your children to court.Look for someone to watch them.The trial will follow this sequence.A summary of what you intend to show at trial.You preview the evidence for the judge instead of making an argument..The sides can call witnesses.They will question the witnesses if you have a lawyer.You will need to ask your witnesses questions if you don't.Both sides can cross-examine their witnesses..You show how the evidence supports your side..After hearing all the evidence, the judge will make a decision.Sometimes the judge needs time to consider the issue.
Step 23: The divorce decree needs to be filed.
The divorce decree will be signed by the judge.If the court mails it to you, you might need to go pick it up.The decree must be filed with the court clerk.