Nevada Separation

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 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 separation where both parties sign it is $390 total, plus a filing/handling fee of $275. For a Complaint for Separation is $550, plus a filing/handling fee of $275, plus cost to serve spouse.

Why should I do a Legal Separation?
A legal separation will express in writing how you will settle your marital issues while you are separated. This is essential if you're separating as an alternative for divorce. This is also a great time to discuss the division of assets/debts and how you wish to handle child and support issues. This way these items are already addressed in case of a breakdown of communication later. Your Legal Separation Agreement can then be incorporated into your Divorce if there is not a reconciliation.

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 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.

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