Divorce

In order to file for divorce in Nevada, one party must have been a resident of Nevada for six weeks prior to filing a complaint.   ​ Until recently, courts interpreted Nevada law to require a party to intend to continue to reside in Nevada.  A recent decision by the Nevada Supreme Court eliminated this requirement. ​ Jurisdiction over the divorce does not mean that the court also has child custody jurisdiction.  Child custody jurisdiction is determined by the very complex rules of the Uniform Child Custody Jurisdiction and Enforcement Act, codified in NRS 125A.  These rules are often misunderstood even by attorneys, and you should contact us if there is some question as to child custody jurisdiction.   ​ Jurisdiction over the divorce also does not mean the court has child support jurisdiction.  Child support jurisdiction follows the Uniform Interstate Family Support Act as codified in NRS 130.  These laws are very technical and complex, and you should contact us if there is a question as to child support jurisdiction - we are happy to help.

The standard way to file for divorce in Nevada is to file a Complaint for Divorce.  The Complaint for Divorce alleges that two people are married, that Nevada has proper jurisdiction, that there is sufficient grounds for divorce, and that a divorce shall be granted.  Although not strictly required, a Complaint for Divorce also commonly alleges that community property shall be divided, community debts shall be divided, alimony shall (or shall not) be awarded, and that attorney fees shall be awarded.  The complaint for divorce must also address whether there are minor children in common and whether the court has jurisdiction over custody of the children.   ​ When one spouse files a Complaint for Divorce, the other spouse then responds with an Answer which responds to each allegation in the Complaint.  An Answer usually contains a Counterclaim for Divorce, in which the answering spouse also asks for a divorce.  ​ Nevada law also allows people to file for divorce through a Joint Petition.  In a Joint Petition for Divorce, the parties jointly (together) ask for divorce, making the allegations jointly.  A Joint Petition effectively requires the parties to have resolved all the issues in the divorce prior to filing.   ​ The primary advantage of a Joint Petition is that the filing fees are slightly less expensive.  There may also be a psychological advantage in the feeling that both spouses filed together.  Legally and practically speaking, however, there are many subtle advantages of doing a Complaint-Answer instead, even when the parties have resolved their issues prior to filing.  Some of these subtle advantages involve maintaining privacy, streamlining agreements, and properly specifying attorney-client relationships.  Although in theory all these things should be possible with a Joint Petition, in practice they become more difficult.

It can take anywhere from a few days to over a year to get a divorce in Nevada, depending on the complexity of the case and whether the spouses can come to an agreement. In the quickest case, spouses have come to an agreement before filing. At Momentum, documents are usually drafted within a week. The spouses then both sign, and the papers are filed and submitted for the judge's signature. Most judges take about a week after that to sign and file the final papers (although there are no guarantees). So potentially a divorce can be completed in two weeks. In the worst of cases, parties have many complex assets (such as business interests) that have to be valued, and the spouses are not able to come to an agreement as to how they are to be divided. Taking such cases to trial can take more than a year.

The standard way to file for divorce in Nevada is to file a Complaint for Divorce.  The Complaint for Divorce alleges that two people are married, that Nevada has proper jurisdiction, that there is sufficient grounds for divorce, and that a divorce shall be granted.  Although not strictly required, a Complaint for Divorce also commonly alleges that community property shall be divided, community debts shall be divided, alimony shall (or shall not) be awarded, and that attorney fees shall be awarded.  The complaint for divorce must also address whether there are minor children in common and whether the court has jurisdiction over custody of the children.   ​ When one spouse files a Complaint for Divorce, the other spouse then responds with an Answer which responds to each allegation in the Complaint.  An Answer usually contains a Counterclaim for Divorce, in which the answering spouse also asks for a divorce.  ​ Nevada law also allows people to file for divorce through a Joint Petition.  In a Joint Petition for Divorce, the parties jointly (together) ask for divorce, making the allegations jointly.  A Joint Petition effectively requires the parties to have resolved all the issues in the divorce prior to filing.   ​ The primary advantage of a Joint Petition is that the filing fees are slightly less expensive.  There may also be a psychological advantage in the feeling that both spouses filed together.  Legally and practically speaking, however, there are many subtle advantages of doing a Complaint-Answer instead, even when the parties have resolved their issues prior to filing.  Some of these subtle advantages involve maintaining privacy, streamlining agreements, and properly specifying attorney-client relationships.  Although in theory all these things should be possible with a Joint Petition, in practice they become more difficult.