getting divorced in nevada without a lawyer how long does it take

by Monty Little IV 10 min read

Full Answer

How long does a divorce take in Nevada?

How long does it take? A divorce in Nevada can take anywhere from a few weeks to several months or more. The primary factors are: The court’s caseload. Contested: Up to 3 months (or longer if the assets are very complex).

Can a divorce attorney help you get divorced in Nevada?

However, if both partners are willing to negotiate, a divorce attorney could help hire mediators and otherwise create legally binding agreements that conform with Nevada’s laws. It’s not the same thing as a divorce, but if you’re in Nevada without a formal marriage and have no actual ability to move, this could help you split apart.

Can a non-resident file for divorce in Nevada?

Only one party to the divorce needs to live in Nevada. The other spouse can complete any necessary divorce forms by mail. You can serve a summons and complaint by any means legal in the state where your spouse lives. Your Las Vegas divorce attorney will know how to serve papers on a non-resident spouse.

Is there a jury trial in a Nevada divorce?

There is no jury trial in a Nevada divorce proceeding. A judge determines all findings of fact. The judge will grant the dissolution if it appears that grounds for ending the marriage exist. The judge will also conduct hearings if requested by either party. During the hearing, the judge determines issues such as:

How long does it take to get a divorce if both parties agree in Nevada?

In general, an uncontested divorce (called a joint petition in Nevada) can be over within one-to-three weeks. But a contested divorce is rarely over in less than three months. And if the assets are particularly complex, it can take significantly longer.

How long does it take for a divorce to be finalized in Nevada?

In general, the amount of time needed to get a final decree of divorce in Nevada is: Summary: 1-3 weeks. Uncontested formal: Up to 6 weeks. Uncontested divorce by publication: Up to 4 months.

Can you still get a quickie divorce in Nevada?

Nevada has long been known as the place to go for a “quickie divorce” and people often want to know how to file for a quick divorce. Currently, only one of the parties must live in Nevada for six weeks prior to filing for a divorce. Residency begins on the first day the person is in the state.

Can you get a divorce without a lawyer in Nevada?

If you and your spouse can reach an agreement on all of the issues above, you can file together for divorce. You likely will not have to appear in court to obtain your divorce, since judges often sign these kinds of divorce decrees without a hearing.

How do I know when my divorce is final in Nevada?

This is the date that appears on the upper right corner on the first page of the Decree of Divorce. If the judge's staff tells you to "file" the Decree, make sure you file it at the Clerk's Office so your divorce will be final.

How long does it take to get a divorce if both parties agree?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

Can you get a divorce without your spouse's signature in Nevada?

Nevada does not require both spouses to agree to the divorce. Although a divorce can be done quicker and easier when the spouses agree, one spouse can file for divorce on their own. This allows one spouse to file and possible get a final divorce without the other's signature.

How much does an uncontested divorce cost in Nevada?

The basic expense for an uncontested divorce will be the court fee to file the divorce papers. Filing fees in Nevada vary by county. In general, they range from about $250 to $300. (There might be an additional fee to file your paperwork electronically.)

How much does it cost to file a divorce in Las Vegas?

How much does it cost to file for a divorce in Nevada? The filing fee to start the dissolution of marriage process in Nevada is $326 for a Joint Petition and $364 for a Complaint. Fees may change from time to time, so you might want to check with your county courthouse to confirm what the exact costs are.

How much is a wife entitled to in a divorce in Nevada?

There is no formula for alimony in Nevada divorce laws. Unlike child support which has clear guidelines, NRS 125.150 leaves alimony to the sole discretion of the Judge.

Can I file for divorce online in Nevada?

You may file the divorce papers in person, by mail, or through Nevada's electronic filing system. The court charges fees for filing the divorce papers. The filing fees vary from county to county.

How long does it take to get divorce in Nevada?

It can take many months and even more than a year if there are multiple court appearances.

How long do you have to live in Nevada before filing for divorce?

This means having lived in Nevada for six consecutive weeks before the filing of the divorce.

How long does it take to get divorced after the last date of publication?

And nothing happens for at least 21 days after the last date of publication to give Defendant an opportunity to file an answer should they see the published summons. If Defendant is served by publication, it takes 16-18 weeks to get to the point where judge makes a decision on the divorce, provided Defendant does not file an answer.

How does process service affect divorce?

How process service is conducted affects the length of time it takes to get the divorce. If you know where the Defendant lives and or works , and if they can be served personally (or any other person over the age of 14 at that same address is available to be served instead), it will expedite the process.

How long does it take to get divorced in Nevada?

Who can file for divorce in Nevada? In order to dissolve a marriage in Nevada, at least one of the spouses must have resided in the state for at least 6 weeks. 1. The court may require proof of residency.

How much does a divorce attorney cost in Nevada?

Regardless of the type of divorce, the Nevada district court charges a filing fee of approximately $300. Attorney fees are additional. Most Nevada divorce lawyers charge by the hour with a minimum retainer. A typical contested divorce involving two attorneys will cost each spouse several thousand dollars.

What is divorce in Nevada?

A divorce is a legal judgment terminating a Nevada marriage. During divorce proceedings, a court determines the division of community property and alimony payments. If the couple has children under 18, the court also determines child custody and child support. 1.

What does the judge decide during a divorce hearing?

During the hearing, the judge determines issues such as: Child custody and support of minor children, Alimony / separate maintenance, and. Division of marital assets. The judge may also order one spouse to pay the other spouse’s costs (including attorney fees) of the legal proceeding.

What is summary divorce?

The parties waive their rights to a more formal proceeding. 6. Summary divorce has the same residency requirements as a formal one. But in a summary proceeding, the spouses apply for it together. 7.

Why do people file to dissolve marriage?

People filing to dissolve their marriage need only give one of three reasons: The spouses are incompatible, The spouses have lived separately for at least 1 year, or. One spouse has been legally insane for at least 2 years before the other spouse files for divorce. 2.

How to divorce by publication?

The first step to “divorce by publication” is to file an affidavit with the court. An affidavit is a notarized statement. In it the person seeking the dissolution states that: He/she has not seen nor heard from the missing spouse for nearly six months, and. He/she does not know the spouse’s current whereabouts.

How to File for Divorce in Nevada

Before you begin the divorce process, you should consider how complicated your case may be. If your marriage is not long-term and you do not have any children, debt, or assets, you and your spouse may file without an attorney.

Paperwork Needed to Get a Divorce in Nevada

There is nothing the court system loves more than accurate paperwork. The documentation required by Nevada law depends on how you file. Joint petitions need the following documents to demonstrate a settlement agreement:

How Long Does a Divorce Take in Nevada?

The length of time it takes to get a final decree for divorce depends on those extenuating circumstances that complicate the divorce process. If you and your spouse agree on every issue, your summary divorce may proceed quickly, sometimes in as few as two to three weeks from the filing date.

How Much Does It Cost to File for Divorce in Nevada?

Even without attorney fees, your divorce does have related expenses. Each county in Nevada determines its own divorce filing fee, so what you pay in Las Vegas or Reno may differ from other towns.

Nevada Divorce Requirements You Need to Know

While ending a marriage is never easy, you may find that Nevada divorce laws are less rigorous than in other states. As one of 17 no-fault states, Nevada does not require you to prove that one spouse is to blame for the marriage ending. However, you or your spouse should be Nevada residents in order to file in the state.

Why are annulments rare in Nevada?

Part of the reason that they are rare is because judges are bound by limited reasons that they can grant an annulment.

Is Nevada a no fault state?

Nevada is a no-fault state, meaning that no proof is required to prove one spouse or the other was at fault before a divorce is granted. Once approved, it is permanent and officially ends a marriage assuming all legal requirements are met.

Do you have to appear in court to get divorce?

However, you probably will not have to appear in court to obtain your divorce if you meet the following conditions:

Can a spouse be legally separated?

This requires a lot more than just having a spouse move out of the home. While they may be physically separated, they are not legally separated and there is a big difference.

How long does it take to get a divorce decree in Nevada?

The court clerk will then give the paperwork to the judge. If you've done everything correctly, you should have a signed divorce decree in a matter of weeks. In Nevada, your divorce date is the date you file the final divorce decree with the clerk.

How long do you have to live in Nevada to get divorced?

The joint petition must explain that the spouses have lived in Nevada for at least six weeks and also indicate the grounds for divorce—either because you're incompatible or because you've been separated for a year.

What is an uncontested divorce in Nevada?

Overview of Uncontested Divorce in Nevada. In Nevada, one type of uncontested divorce is known as a "summary divorce.". To get a summary divorce, you and your spouse will need to decide on how you'll divide marital property, whether either spouse will pay alimony or child support, and who will become the primary caretaker of any children.

How does divorce work in Nevada?

One of the most important things you'll need to understand about getting divorced in Nevada is how the courts work. The Nevada District Courts are the state's trial courts, and they're responsible for all divorce and other kinds of family proceedings. Each district contains one or more counties.

What is the marital settlement agreement?

Finally, you must attach the marital settlement agreement (a written agreement dividing your property and debts, resolving alimony, establishing child support, custody and visitation, and settling any other issues in the marriage) to the petition.

Is divorce ugly?

War is hell, and divorce is ugly. They're cliches because they're true. But there is such a thing as a kinder, gentler divorce. It's called an uncontested divorce, and if you and your spouse are reasonable people who are willing to negotiate, you might be able to get one in Nevada. Uncontested divorces are for people who can come ...

Can you go to court for an uncontested divorce?

Take your time and work carefully. Uncontested divorce only allows you to avoid going to court if you do everything right. If you rush through the process and make mistakes, the court may delay your divorce.

How long does it take to file a complaint in Nevada?

If you file a complaint for divorce, it will take 12-16 weeks or so if your spouse can be personally served and up to 26 weeks if publication has to take place. The best thing to do to dispel misconceptions about divorce in Nevada is to talk to your attorney about any concerns you have regarding any aspect of your divorce.

What is the law on alimony in Nevada?

Nevada law on alimony (NRS 125.150 states the following regarding the circumstances under which a judge might grant alimony in a divorce: the standard of living to which the couple was accustomed. the career of both spouses before the marriage. whether one spouse has advanced the other spouse’s career.

What is legal custody in Nevada?

Legal custody is the right of a parent to see a child’s medical and school records and to have a say about the child’s education and religious upbringing. No more, no less.

What happens when one parent gives up legal custody?

When one parent gives up (or forced to give up) legal custody, the court likes to see a replacement guardian put in place to share legal custody with the sole custody parent. This is an effort on the court’s part to avoid the child becoming a ward of the state should anything happen to the parent with sole custody.

How much child support does Jane have in Nevada?

John’s gross monthly salary is $1000 per month, so his obligation to Jane for child support is $180 per month. Jane’s gross monthly salary is 800 per month, so she is obligated to John for $144 monthly for child support.

Can a parent have custody without having physical custody?

A parent can have legal custody without having any physical custody at all. Physical custody determines which parent the child lives with, or states that a child lives with both parents, sharing about equal time between them. Typically, a parent who has either full or shared custody also has legal custody.

Is Nevada a no fault state for divorce?

Not correct. Because Nevada is a no-fault state on divorce, it doesn’t matter at all who cheated and who didn’t; it’s not even looked at by the court when it comes time to divide marital assets.