Who can file for divorce in Reno, NV?In order to file for divorce in Reno, NV, at least one of the spouses must have resided in the state for at least 6 weeks.1 The court may require proof of residency. A driver’s license or other state-issued identification suffices. Or you can get an affidavit from an employer or another witness who can vouch that you live in the state. You can also use divorce proceedings to dissolve a domestic partnership in Nevada (though you don’t have to). 2. What are the grounds for a divorce in Nevada?Nevada is a “no-fault” divorce state. People who need a Reno divorce lawyer should only give one of three reasons:
3. How do I file for divorce in Nevada?A person seeking a divorce must file a complaint with the district court. The proper court is the one located in the county where:
The other spouse then has the opportunity to file an answer and counterclaim. If the other spouse fails to do so, the divorce is considered uncontested. This is true even if only one party signed the documents. 3.1. What if my spouse lives out of state?Only one party to the divorce needs to live in Nevada. The other spouse can complete any necessary forms by mail. Or, if the other person is not cooperating, the person seeking the divorce can serve him or her with a summons and complaint.4 You can serve a summons and complaint by any means legal in the state where your spouse lives. Your Reno divorce attorney will know how to serve papers on a non-resident spouse. 3.2. What if I don’t know where my spouse is?People who do not know where their spouse is must take reasonable steps to find him or her. These steps are known as a “due diligence” search. If a due diligence search does not turn up the missing spouse, Nevada law allows “service by publication” in a newspaper. 3.2.1. Due diligence search for a missing spouseA due diligence search for a missing spouse requires the petitioner to check with:
Afterward, if you still cannot locate your spouse, you can conduct a “divorce by publication.” 3.2.2. Divorce by publicationThe first step to “divorce by publication” is to file an affidavit with the court. An affidavit is a notarized statement. In it the person seeking the divorce states that:
The court then allows the spouse to serve the summons and complaint by publication in the Nevada Legal News or another newspaper.5 Publication must be made at least once a week for 4 weeks. The missing spouse then has 20 days in which to file a response. If the missing spouse does not respond, the court will consider the divorce uncontested. 4. What is the divorce process in Nevada?Nevada offers two types of divorce proceedings:
Once the court has granted either type of divorce, it is final. The marriage is dissolved. 4.1. Formal (contested) divorce proceedingsCouples use formal divorce proceedings when:
There is no jury trial in a Nevada divorce proceeding. A judge determines all questions of law and fact. The judge will grant the divorce if it appears that grounds for divorce exist. The judge will also conduct hearings if requested by either party. During the hearing, the judge determine issues such as:
The judge may also order one spouse to pay the other spouse’s costs (including attorney fees) of the divorce proceeding. 4.2. Summary divorceNevada has a streamlined divorce process known as “summary divorce.” Couples can file for summary divorce when:
To qualify for a summary divorce, a couple must meet ALL of the following conditions:
Summary divorce has the same residency requirements as a formal divorce. But in a summary divorce, the spouses apply for the divorce together.7 5. Separation agreementsSpouses that have agreed to issues such as alimony and division of property can sign a “separation agreement.” They can negotiate and sign a separation agreement either before or after they file for divorce. Once the court grants the divorce, the separation agreement becomes a legally binding contract. Couples usually negotiate a separation agreement when they want a summary divorce. But a separation agreement can be useful even in a contested divorce. Anything the couples can agree to in advance is something the court does not have to decide. So having a separation agreement can speed up the process. 6. How is marital property division in Nevada?Nevada is a community property state. Community property consists of most
acquired during the marriage. Courts usually divide these assets 50/50 between the spouses unless there is a prenuptial agreement. During the divorce process, one spouse may offer the other a settlement agreement concerning property rights. If the other spouse accepts, the court will usually divide the property according to the agreement. If, however, a spouse rejects a reasonable offer his spouse makes in good faith, there can be consequences. The court can order the spouse who rejected the offer to pay the other spouse’s attorney’s fees and court costs.8 7. How is spousal support (alimony) calculated in Nevada?There is no precise statutory formula for spousal support Lawyer in Reno Nevada. The court will consider factors such as:
Awards of spousal support can be temporary or permanent. Additionally, ex-spouses can petition the court from time to time to reduce or increase alimony.9 8. How are child custody and visitation determined?In Nevada, child support is based on a fixed percentage of the non-custodial parent’s gross monthly income. The precise amount depends on the number of children. There is a usually a minimum payment of $100 per month per child, and a maximum of just over $1,000 per child. But the amount can vary depending on:
9. How much does a divorce cost in Reno, NV?The cost of a divorce in Nevada depends on several factors, including:
Regardless of the type of divorce, the Nevada district court charges a filing fee of approximately $300. Attorney fees are additional. Most Nevada divorce lawyers charge by the hour with a minimum retainer. A typical contested divorce involving two attorneys will cost each spouse several thousand dollars. However, your cost may be more or less depending on how complex your divorce is. 10. How long does a divorce take in Reno, NV?A divorce in Nevada can take anywhere from a few weeks to several months or more. The primary factors are:
In general, the amount of time needed for a divorce in Nevada is:
11. Are divorce proceedings public?Divorce proceedings are normally public in Nevada. But either spouse can demand that the court conduct hearings privately.11 If the proceedings are private, the only people present will be:
And even family members and witnesses can be excluded if good cause is shown. 12. Why should I hire a Reno divorce lawyer?Doing your own divorce can be a good option — especially when it is a summary divorce. But even when the decision to end a marriage is mutual, the issues can get complicated. And when there are children or significant assets – such as a house – having an experienced divorce lawyer Reno is crucial. The right lawyers can help you protect your parental and property rights without unnecessarily aggravating your ex. via Divorce Lawyers in Reno, NV http://bit.ly/2PViy4e
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AuthorFamily Law Offices of Leslie J. Shaw |