Nevada Divorce - Frequently Asked Questions
What is the Nevada Divorce residency requirement?
Six weeks residence in Nevada. You must provide a witness who lives in Nevada who can testify that you have lived in Nevada for at least six weeks. We type this document for you.
What types of divorce do you do?
We prepare papers for two types of Nevada divorce. A Joint Petition (uncontested) Nevada divorce, signed by both parties agreeing to terms including child custody, support, visitation, assets and debts. A Complaint for Nevada divorce can be used when one spouse will not sign the Nevada divorce papers or cannot be found. The Complaint times is assuming the other party does not contest the case.
What is the cost?
For an Uncontested Nevada Divorce where both parties sign it is $300 for our fee and $325 when the papers go to the court (filing fee). For a Nevada Complaint for Divorce we charge $500, filing fee ($325) and either personal service of $100, or Due Diligence search attempt at $100 and newspapers publishing which is normally $100-$300 depending on the newspaper.
How long will the process take?
After the papers are filed with the court it normally takes 3-4 days for an uncontested Nevada divorce where both parties are signing the papers. For a Complaint for divorce if the other party is personally served it normally takes 6 weeks. If you need to publish service in the newspaper it normally takes about 3 months.
Please explain the Complaint process.
You complete the questionnaire online and we type the papers. You notarize everything and then we file with the court. The spouse would be personally served, but if that cannot be done, the Court requires a due diligence search to try to locate them and then it must publish once a week for 4 weeks. Your spouse then has 20 days to file an Answer. If your spouse does not file an Answer, we can file the remaining documents for the Judge to review.
Can a husband and wife agree on how to divide their property?
Yes, if the agreement is written and is approved by a court in the divorce proceeding. If it is a Complaint for Nevada divorce if the other person does not respond you would get what was asked for.
What needs to be put in the papers about child visitation?
Specific visitation must be included or the Nevada divorce might not be signed by a judge. Specific means days and time. If custody is joint the schedule must be very close to 50/50.
What needs to be put in the papers about child custody?
There is normally the primary custodian (who the child lives with) with the other party having visitation. A joint custody arrangement is when the parties have 50/50 custody. Normally legal custody is Joint meaning both parties have the legal right to make major decisions impacting the child. Sole custody can sometimes be awarded for special circumstances and you would need to explain the reason in the papers.
What provision does Nevada make for child support payments?
Ordinarily, the spouse who has primary physical custody of a child will be awarded child support. In Nevada, the precise child support amount is determined as a percentage of the non custodial parent's gross monthly income (income before taxes and any other deductions are taken out):
- 1 child: 18%
- 2 children: 25%
- 3 children: 29%
- 4 children: 31%
What is the basis for an award of spousal support (alimony)?
There is no precise statutory guidance for spousal support as there is for child support. The court considers the relative earning capacity of each spouse, the possibility of education or training to increase the earning capacity of a spouse, whether a spouse has been out Here is a link to the statues for spousal support.
Can the wife do a name change?
A name change is included in the paperwork at no extra charge. After the case is completed the wife can take the final decree to social services and the driver's license department for a change of name. If it is Complaint for Divorce and the wife is the defendant the husband can not require the wife to change her name.
Am I required to take the COPE/parenting class?
No, we file in a county other than Clark and no COPE class is required.
What is the difference between a divorce and a legal separation?
These 2 legal products are the same in many ways - the time they take, the filing costs and legal fees, and the issues dealt with (custody, support, property division). But there are differences. In a legal separation, the parties remain married, they may resume the marital relationship, and the wife may not resume her maiden name. And although the debt may be divided, both parties may still be held liable for the debt during the marriage.
Can the papers be signed in another state?
The party living in another state may notarize in that state, but the party living in Nevada must sign the papers in Nevada, unless they are in the military with Nevada as their home state.
How can we transfer a home to the other person?
The party releasing the home would execute and record a quit claim deed for the property to the other party. The transfer of ownership of the home will not change the debt for the home unless the home is refinanced. We can prepare the quit claim deed for you.
What information do I need to start the process?
Complete the on-line questionnaire. Some of the information that is needed for property/debt distribution is account numbers, balances, creditors and VIN numbers for vehicles. For most of the cases we require personal information such as address, social security numbers and driver's license numbers. If you do not have all of the information when completing the questionnaire you may call or email the information to the office at a later date.