While many couples come to Las Vegas to get married, many also come to Nevada to end their marriage with a divorce. State lawmakers made it comparatively easy to get a divorce in our state as a marketing ploy back in the 1930s.
However, that does not mean requirements are completely lax or ignored. If you’re contemplating divorce in Nevada, you need to know your legal options. It’s also a good idea to work with an experienced attorney who can help you make the best choices to protect your interests.
When Both Parties Agree on Issues
The quickest and least expensive option for many couples is to file a joint petition for divorce. At least one spouse must have lived in the state for at least six weeks, but there is no waiting period like there is in other jurisdictions. However, if child custody or visitation is involved, the children must be residents of Nevada for at least six months.
The critical component for a joint petition is the need for agreement on all issues. This includes potentially contentious areas such as:
- How property will be divided
- Whether one partner will pay alimony
- How debts are allocated
- Child custody and visitation arrangements
Often partners will each hire their own attorney to help them negotiate an arrangement on every issue. Then one attorney can file a joint petition and take care of the formalities of the divorce.
When Only One Party is Ready to Sign
Sometimes one spouse does not want to get divorced. In many cases, couples may agree to divorce, but disagree on terms such as parenting schedules. In other situations, one spouse is unresponsive or cannot be located. Divorce takes longer and becomes more costly in these situations.
If a couple agrees to divorce but can’t settle on terms, the court can schedule a trial to resolve outstanding issues. Litigation procedures will commence, and it is possible that the parties will settle their differences before trial. If not, the judge will make all the decisions.
When a spouse files a complaint for divorce, then the complaint must be “served” on the other spouse, meaning that the document is delivered to them in a legally acceptable manner and in person
If the address is unknown, the spouse filing for divorce must take certain steps to locate them or hire a private investigator to do so. Then if the spouse’s whereabouts still remain a mystery, the spouse seeking the divorce can ask the court to publish the summons for five consecutive weeks. This adds to the delay and expense of divorce, obviously, but is required if service is unsuccessful.After a defending spouse has or should have notice of the divorce petition, they have three weeks to file a response. If there is no response or answer filed at this point, a default would then be filed.
Grounds for Divorce in Nevada
State laws describe three legal reasons a couple may end their marriage through divorce. The first involves proving that a spouse has been insane for at least two years. The second lawful reason for divorce is that a couple has lived apart for at least a year. The third, and most common grounds for divorce in Nevada is simple incompatibility.
The grounds for divorce have no bearing on issues such as division of property, alimony, or child support.
Naimi & Cerceo Helps with a Range of Divorce Options
Whether you are facing a straightforward divorce with a partner who is willing to negotiate terms or a knock-down drag out fight with a bullying spouse, the experienced team at Naimi & Cerceo Law Group is ready to assist. We can help you choose the best and most efficient options to protect your interests and conserve your resources. Contact us today for a confidential consultation to learn more.