In a divorce, you stand at the beginning of a major life change. The path forward can seem confusing with a maze of court forms and legal jargon. You need a legal team that you can lean on as your advocate and support system throughout the journey.
At Mills & Anderson, our Las Vegas, Nevada divorce lawyers have decades of experience guiding clients through the divorce process. We work hard to simplify your legal challenges so you can focus on rebuilding your future.
Below, we break down the stages of the divorce process in Nevada, answer questions about the timeline, and explain how the system works.
Call (702) 386-0030 or send us a message online today to schedule your consultation.
Fulfilling Residence Requirements
The first step in any Nevada divorce process is proving the court has the power to hear your case. Generally, a person cannot obtain a divorce in Nevada unless they or their spouse has been a resident of the state for at least six weeks. If you fulfill this requirement, you then must determine if you have legal grounds for divorce.
Identifying Grounds for Divorce
Nevada is a “no-fault” divorce state, which means you do not have to prove your spouse did something wrong to end your marriage.
You can divorce on a declaration of incompatibility. A court can also grant a divorce if your spouse has been deemed “insane” for at least two years, or if you and your spouse have lived separately for at least one year.
An experienced divorce attorney can assess whether you meet the state’s residency requirements and if you have legal grounds to file for a divorce before starting your case in court. They can also attempt to work with the other party to negotiate a time-saving agreement.
What Does a Divorce Case Cover?
A typical divorce case addresses the following four main areas:
- Property division,
- Child custody,
- Child support, and
- Spousal support (or alimony).
You can also request to legally return to your former name as part of the divorce decree.
Filing a Complaint
To initiate a divorce, you begin by filing a complaint for divorce with a court-approved cover sheet in the county where you or your spouse resides. This marks the first of many official stages of the divorce process.
Your complaint includes information about:
- When and where you were married,
- Whether you or your spouse is pregnant,
- Your children,
- Your desires regarding child support,
- Any other legal cases related to your divorce,
- Your desires regarding custody,
- Your and your spouse’s finances,
- Healthcare coverage for your family,
- Your and your spouse’s assets and debts,
- Whether you want to change your name, and
- Your desires regarding spousal support.
At this point in the divorce process in Nevada, you must also pay a filing fee that can cost several hundred dollars, depending on the county.
Serving Divorce Papers
Once you file your documents, you must notify your spouse by serving them. In general, this means having your complaint and a summons personally delivered to your spouse.
Be sure to consider the following rules:
- Meet the deadline for serving your spouse. You must have your spouse served within 120 days after you file your complaint. If you miss this deadline, the court may dismiss your case and have you start over.
- Know who can serve your spouse. A person who is at least 18 and not related to or interested in the case must serve the divorce papers. You cannot serve your own spouse unless they sign a waiver of service.
- File a proof of service. The server must complete and sign an Affidavit of Service that confirms when, where, and how your spouse received the documents. You must file this affidavit with the court as proof.
- Publish the documents or find alternative service when you cannot find your spouse. If your spouse is dodging service or cannot be located, you can request permission from the court to serve by alternate means or publication in a newspaper.
Your spouse has 21 days to respond to your complaint and summons; after this period, your court case can proceed. This is a good time to begin gathering evidence to support your position.
Gathering Evidence
The period when you gather evidence after opening a case is called discovery.
Consider gathering the following documents to serve as proof for your case:
- School records,
- Healthcare reports,
- Financial statements,
- Wage records,
- Property ownership documents,
- Police and other government agency reports,
- Tax returns,
- Photos,
- Witness lists, and
- Recordings.
This evidence can be useful in both negotiations and divorce hearings.
Resolving Your Case
The final stages of the divorce process can end the divorce case in multiple ways, and we can help you with all of them.
Settling Your Differences in a Contract
If you and your spouse agree on all terms, you can finalize your divorce through a settlement agreement, which is signed and submitted to the judge for approval. This path can significantly shorten the time it takes to get a divorce and is often the fastest way to dissolve a marriage.
Resolving Your Differences in Court
If you and your spouse reach an impasse regarding some or all divorce issues, a judge decides the unresolved terms of your divorce after a hearing. Our experienced legal team can help you make as many favorable and strong agreements as possible for your side of a dispute in any divorce case.
How Long Does a Divorce Take in Nevada?
The length of time it takes to divorce depends on the unique facts of your case. Simple and amicable breakups can be relatively quick, while complex and contentious cases can consume a significant amount of time.
How Long Does It Take to Get a Divorce in Nevada If the Spouses Disagree?
A typical contested divorce can take anywhere from several months to several years. Other factors, such as failing to establish residence in Nevada, could cause a delay of two months or more.
If Both Parties Agree to a Divorce, How Long Does It Take?
While there is no guarantee regarding how long a divorce can take, if you and your spouse can agree on all terms, you may be able to complete the divorce very quickly. You may need to gather evidence and review financial and personal documents to help ensure the terms of your divorce agreement are fair.
Let Us Guide You
At Mills & Anderson, we focus on working with you to get the best results in the most efficient way possible. We have decades of experience handling the Nevada divorce process, and our clients give us top ratings. We also maintain open lines of communication with our clients, keeping them informed about the progress of their case throughout.
You can contact us by phone at (702) 386-0030 or through our online form to schedule a case review.
Resources:
- Administrative Office of the Courts, State of Nevada, Complaint for Divorce, link.
- Administrative Office of the Courts, State of Nevada, Civil Family-Juvenile Coversheet, link.
- State of Nevada, Summons, link.
- State of Nevada Administrative Office of the Courts, How to Serve the Divorce Papers, link.
- State of Nevada Administrative Office of the Courts, Filing for Divorce Together, link.
