The Nevada Divorce Timeline
The divorce process in Nevada is relatively straightforward. Below are important steps that everyone who is getting (or considering getting) a divorce in Nevada should know. The below-referenced information is intended to serve as a general overview, not an all-encompassing timeline; therefore, it is advisable to consult with an attorney accustomed to the comprehensive set of Nevada Divorce Laws.
Nevada does not have a strict residency requirement. Nevada law requires that either you or your spouse live in the state for at least (6) weeks immediately prior to the divorce.
Complaint + Grounds for Divorce
If you or your spouse satisfies the residency requirement, you may file a “Complaint for Divorce” in your home county, your spouse’s home county, the cause of divorce county, or the county where you last resided as a couple. The person who files is the “plaintiff” and the non-filing spouse is the “defendant.” Nevada is a “no-fault” state, meaning that the plaintiff need not prove that either spouse did anything wrong to cause the divorce; instead, the plaintiff may file for divorce based on incompatibility and a statement that the parties do not believe they will reconcile.
Service of Process
Under Nevada law, the plaintiff must perform “service of process” to notify the defendant of the filing. To perform “service of process,” the plaintiff must have a third party over eighteen (18) years of age personally deliver to the defendant copies of the Complaint, Summons and Financial Disclosure form within one-hundred and twenty (120) days of filing for divorce or otherwise cause the pleadings to be served.
Answer Complaint or Default
Under Nevada Law, a defendant has twenty (20) days to file a response (also called an “answer”). The court will then set a case management conference within ninety (90) days at which both parties must be present. At the hearing, the judge will inquire about the status of the case and contested/resolved issues. If the defendant spouse does not respond, the filing spouse may ask the court to enter a “default” against the non-filing spouse. If the court issues a “default,” the plaintiff may submit a final divorce decree to the judge without the defendant’s signature.
“Discovery” is a legal mechanism designed for gathering detailed information about both parties to the divorce concerning marital assets, child custody, and other issues pertinent to the matter. Methods of discovery include written interrogatories, document requests, and depositions.
Pending the final divorce, both parties may file motions for temporary orders for child support or alimony from the court.
Settlement conferences offer both parties, along with respective counsel, to settle the divorce without going to trial. If you can reach a settlement, you may submit a Divorce Decree to the judge for approval. If and when the judge signs the Divorce Decree and it is filed with the court, the parties are divorced.
If No Settlement, then Trial
If you cannot reach a settlement, the judge will set a trial date. At trial, both you and your spouse will have the opportunity to present your case through testimony, witnesses, and evidence. After trial, the judge will render a decision. Once a final decree of divorce is filed or entered, the divorce is final.
Educate Yourself with Our Guide to Nevada Divorce
Divorce is a serious decision, and we understand how stressful and uncertain the time leading up to your divorce can be. That's why we've provided free answers
to your most pressing Nevada divorce questions in "A Guide to Nevada Divorce".