No-Fault Divorce in Nevada – State Requirements and Documents

Do you want to know how to file for divorce in Nevada?

There are two no-fault divorce grounds in Nevada: incompatibility and living separately and apart.

Requirements for Residency

In order to petition for a no-fault divorce in Nevada, at least one of the spouses participating in the divorce must have lived in Nevada for at least 6 weeks prior to the filing of the initial divorce papers.

Complete your Forms

If a marriage meets the residence criteria, one spouse (the Plaintiff) may file for divorce in their home county, their spouse’s home county, the county of the cause of divorce, or the county where the couple last lived together. If the Plaintiff cannot be reached or refuses to accept service, the Complaint for Divorce must be served on the Defendant (their spouse) by direct mail, process server, sheriff (or constable), physically, or by publication.

After receiving service, the Defendant must sign an Acceptance of Service (verification that the service happened) to confirm that the delivery was made. The defendant then has 20 days to submit and complete any of the following forms:

A Response to a Divorce Complaint
An Answer to the Divorce Complaint and Counterclaim (with children)
An Answer to a Divorce Complaint and Counterclaim (with no children)

If the Defendant agrees to all of the Plaintiff’s demands, the divorce becomes uncontested. If the Defendant does not agree to all of the Plaintiff’s requirements, the divorce becomes disputed, and the case proceeds to mediation (mandatory counselling and facilitation) and, finally, a hearing. You may want to seek the advice of a divorce lawyer in any case.

If the divorce goes to a hearing, the Plaintiff must submit either a Divorce Decree with Children or a Divorce Decree without Children. (depending on the situation). Because each hearing is unique, anticipating the result is practically impossible.

A Word on Forms

If the parties have reached an agreement and do not want to continue with a long trial, they may draft a Divorce Settlement Agreement using Generis Global simple interview procedure. The Divorce Settlement Agreement specifies the distribution of property, assets, debts, and obligations, as well as child support, custody, and visitation arrangements. All additional forms are available at your county courthouse.

Make duplicates of your forms.

Make at least three duplicates of each document after you have completed it. One set will be served on your husband, one will be filed with the state, and one should be preserved for your own records.

Bring your completed forms to your local court clerk’s office and pay the filing fee.

Bring the originals and duplicates of your papers to the court clerk’s office. If everything is in order, the assistant will use the original papers and charge a filing fee.

A Word on Uncontested Divorces

If you and your spouse agree on the conditions of divorce and decided to divorce jointly, you have various choices for a summary divorce.

A joint petition may be filed in the state of Nevada. This is referred to as a summary, uncontested divorce. There is no final hearing in this sort of lawsuit. Divorce may be granted if a couple agrees to forgo their repeal rights and has previously agreed on a system of child support and, furthermore, a lack of spousal support. The couple is divorced after filing a notarized Joint Petition for Summary Decree of Divorce (with or without children, depending on which applies).

A summary default divorce by affidavit is another possibility. A Civil Cover Sheet, Verification of Pleadings, Request for Submission, and An Affidavit of Residency must accompany this affidavit. This full package explains:

The pair is eligible for residence.
The material included in the affidavit is “correct and true,” and the document only comprises “admissible” facts.
The claims are substantiated by the fact that the individual signing the affidavit is competent.