How long will it take for my divorce to be granted?
How long do I have to be a resident of Nevada before I can file a divorce in Nevada?
Am I eligible to file a divorce in Nevada?
The following parties are eligible to file a divorce in Nevada:
one (or both) Joint Petitioner(s) is a current Nevada resident having lived in Nevada for six (6) weeks preceding the filing of the divorce
Nevada was the last marital place of residence for the parties.
the Plaintiff, if he or she has resided in Nevada a minimum of six (6) weeks immediately before filing the divorce.
the non-resident Plaintiff may file in Nevada if the Defendant has resided in Nevada a minimum of six (6) weeks and Plaintiff files in the Nevada county of residence for the Defendant.
What is a valid reason for a Nevada divorce?
Also valid, but used infrequently because incompatibility simplifies the process, are:
- the parties have lived separate and apart for 1 year without cohabitation
- insanity existing for 2 years prior to the commencement of the action
How soon after my Nevada divorce becomes final may I get re-married?
I can't find my spouse. Can I file for a Nevada divorce anyway?
Yes, you may, provided you are a Nevada resident. When the Defendant cannot be found, a skip/trace must be peformed to try and find the Defendant. When this search fails to find the whereabouts of the Defendant, an Affidavit of Due Diligence is obtained and the Summons is then published in a newspaper once a week for five (5) weeks (service by Publication), and also sent by first class mail to the Defendant’s last-known address. If the Defendant fails to respond to the mail service or the Publication service, a Default is filed 21 days after the last date of publication, and your divorce is granted by Default.
Are there additional fees in addition to the attorney fees?
How do I get custody of my child(ren) in a Nevada divorce?
Please visit the Child Custody Statutes page of our website.
Do I have to take the C.O.P.E. class if I have children?
If you live in Las Vegas (Clark County) The short answer is “yes.” This class IS required of all divorcing parties who have children together and who file a divorce in Clark County, Nevada. Though some online typing services advertise that you can avoid the C.O.P.E. class fee when you live in Las Vegas by using their services, it’s because they file your case in a different county that does not require parents to take the C.O.P.E. class. This might sound like a good deal for you up front, but it’s not and here’s why.
Chances are high in a divorce with children that you will return to court at some point to at least adjust your child support before your children turn 18 – you are entitled to review child support amounts every three years. If your divorce was filed in a county outside Las Vegas, it means you’ll have to pay filing costs (currently $301) to move your case to Clark County before addressing the court to modify your child support, or you’ll have to travel to the other county to address the court. Both are costly choices.
In the long run, it’s much better for you to take the time, and pay the cost, of taking the C.O.P.E. class.
My spouse moved into my house that I purchased prior to marriage. Does my spouse have any interest in this house?
If the parties do not have a prenuptial or postnuptial agreement and the house has a mortgage that was paid down with the “owner” spouse’s earnings, then the spouse that moved in has an interest in the house. Earnings during the marriage are community property and the paying down of a mortgage creates a community property interest in the property which is split pursuant to a complicated formula with the “owner” spouse’s separate property interest.
Do I have any interest in a house/car for which I am not on title?
Can I get a free information consultation?
Yes. A paralegal well-versed in Nevada divorce matters and trained by James Smith, Esq. is available able to answer your questions on procedure and cost for an uncontested Nevada divorce. Just call us at 702.420.7052. If we feel that your divorce might escalate into a contested matter, this paralegal will quickly refer you to the attorney for a free 10 minute consultation.
Can I move out of the State of Nevada with my children?
To leave the state once you have filed a divorce in Nevada, you must either get the written consent of your spouse or a court order. If you leave the state before a divorce action has been filed, it is assumed that the permission of the other spouse was obtained. That said, if the child(ren)’s habitual residence has been Nevada and you do leave the state with your child(ren) before a divorce action has been filed and your spouse then files a Complaint for Divorce asking for physical custody, a judge might well order the children back to Nevada, especially if it appears that the intent behind the move was malicious towards your spouse rather than moving because of work or to be nearer to family for help with the child(ren). The jurisdiction of children under the Uniform Child Custody Jurisdiction Act is the state where the children have lived for the majority of the last 6 months before court proceedings.
Do I have to pay Child Support?
Can I be on my spouse's health insurance after our divorce?
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* Court filing fees and administrative court costs add up to $328 for joint petition divorce ($342 with children), and $364 for a Complaint for Divorce. Cost of process service and publication (when the other party won’t sign or cannot be found) is additional. U.S. average cost is $160 for process service ($125 in urban Nevada); publication $150. Process service outside the US.: costs vary by country and are individual to each case.