Nevada Divorce Process

The divorce process is started by the filing of a “Complaint” for divorce. Either you or your spouse must reside in Nevada for the six weeks prior to filing for divorce. There is no advantage to filing first, but the first to file must personally serve the court documents on the other spouse. Nevada is a “no-fault” divorce state, which means all you have to say is you can’t get along together and never will. This is what is legally known as “Irreconcilable Differences.” It is not necessary to allege or prove adultery, mental cruelty or physical abuse to obtain a divorce in Nevada.

After receiving the "Complaint" for divorce, the other spouse has 20 days to file an “Answer” with the Court. A "Complaint" is simply the legal document filed for the divorce and the “Answer” is a legal a response to the "Complaint." Once the answer is filed, if the parties have minor children, they must attend mediation through the Court Family Mediation Center to devise a weekly timeshare of the child(ren) as well as decide on who will have the minor child(ren) on which holidays. The purpose of mediation is to develop a parenting plan specifying legal custody, physical custody, and visitation issues only. Any issues that are not agreed upon will be decided by the judge at trial.

With minor children, you must also attend a co-parenting class which is designed to help both parties deal with the changes in the family structure and their impact on children before your divorce will be granted. It is offered at various times and locations around town by three different providers. The parties are not required to attend this class together.

After the answer is filed, you and your spouse are to exchange every document that could be relevant to your divorce and discuss everything to see if any issues can be resolved. The court will schedule a case management conference to ask about your attempts at resolution and to set a date for an evidentiary hearing on any remaining issues. Around this same time is your opportunity to ask the court to make some Temporary Orders (TPO). TPO's may be necessary because there are decisions regarding child support, alimony, attorney’s fees, possession of the home, and custody of the children that cannot wait for trial. A TPO is used to make temporary decisions or rulings and after evidentiary hearings and trial the court may make a final ruling that is contrary to the TPO.

If there is information or documents that you need to get from someone else or your spouse you may conduct “Discovery”. Discovery will consist of 1) Interrogatories - which are written questions answered under Oath 2) Requests for Production of Documents – requesting the other party to provide you with needed documents like bank records or pay stubs 3) Request for Admissions - which are specific questions that the other party must admit to it or deny it 4) Depositions - which is an interview where verbal questions are answered under oath.

At trial the issues being decided typically fall into 6 categories. 1) Division of any property 2) Division of any debt 3) Whether either spouse will receive an award of spousal support (alimony) 4) Legal and Physical Custody of Child(ren) 5) Child support 6) Attorney’s fees. You do not have to go to court or trial if you and your spouse can reach an agreement on all issues. If there are issues that you cannot agree on both you and your spouse will proceed to trial and a judge will make the final decision. You will present your documents and have witnesses testify, and your spouse will do the same. The judge will then make a ruling. Either party has the right to file an appeal to the judge’s decision within 30 days.