What
is the residency requirement?
Six weeks residence in the state. You must provide a witness who
lives in Nevada who can testify from his or her personal knowledge
that you have lived in Nevada for at least six weeks. My
spouse will not agree or can't be found, what are my options? You
can begin a Complaint process and be divorced in about 3 months.
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.
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 noncustodial 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%
add 2% for each additional child. In Nevada, with rare exceptions,
the minimum per child is $100 per month. The court may "deviate"
up or down from the resulting amount to compensate for such things
as day care costs, the cost of medical insurance, visitation expenses,
the noncustodial spouse's responsibility for support of other children,
and other factors identified in the statute.
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
of the work force for a long time, and other factors.
How long will the process take?
After the papers are filed with the court it normally takes 1-2
weeks for an uncontested divorce. 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.
What is the cost?
For an uncontested divorce where both parties sign it is $390 total,
plus filing fee.
For a Complaint for Divorce is $550, plus filing fee of $169, plus cost to serve spouse.
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
security and the driver's license department for a change of name.
Am I required to take the C.O.P.E. 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.
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.
Click
here to print Nevada divorce faq