Divorce Process Overview

Don’t Get Lost in the Maze of Divorce

Contested divorce article

First: Do You and Your Spouse Agree?

There are two different ways to get a divorce in Nevada, depending on whether the parties agree on issues such as property, debts, child support, and child custody.

  1. Contested Divorce: This is pursued when the parties do not agree on the issues. A contested divorce begins with one party filing a Complaint for Divorce.
  2. Uncontested Divorce: This is pursued when the parties do agree on the issues. An uncontested divorce begins with the parties filing a Joint Petition.

Second: If You Agree, The Divorce Process Becomes Much More Simple

The Uncontested Divorce process in Nevada begins with the filing of a Joint Petition. The Joint Petition lays out the agreement between the divorcing parties. After the Joint Petition is filed with the court, there are other documents to complete such as an Affidavit of Resident Witness that is filed, and finally a Decree of Divorce. The Decree of Divorce is the document that the judge signs to complete the divorce. The divorce is finalized once the judge has signed the decree, and it has been filed with the court.

Divorce process overview

Third: If You Do Not Agree The Fight Begins …

A Contested Divorce in Nevada begins when the Plaintiff files a Complaint for Divorce. The Complaint is usually followed by a Motion that asks the judge for a ruling in the Plaintiff’s favor based on the items in the Motion. A Motion Hearing will be set after a Motion is filed. This is when the parties will go before the judge to get their issues ruled on.

The Defendant gets to respond to all documents that the Plaintiff files, with their own documents. This allows the Defendant to tell their side of the story. The Defendant can also file their own Motions.

The Contested Divorce process is as diverse as the parties involved. The judge can make a final ruling at the first Motion Hearing and close the case, or send the parties to an Evidentiary Hearing. The parties can be ordered to Mediation, or for drug testing and counseling. The divorce process can be complicated but an experienced attorney can navigate the divorce process.

How Do I Know if I Can Get a Divorce in Nevada?

A person can obtain a divorce in Nevada if that person has grounds for divorce, and has lived in Nevada for at least six weeks prior to filing for divorce.

Is the Divorce Process the Same for Everyone?

The divorce process itself is the same – but each person’s case can take different paths through that process.

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