Nevada Divorce FAQs
We hope that the information below answers your Nevada divorce questions and Nevada annulment questions. You may also call us at 1-888-326-8876 for a free consultation or visit the web page links below. Our caring and helpful staff is ready to answer your questions, including evenings and weekends.
For more information:
To review Nevada divorce statutes in their entirety go to Nevada Revised Statutes 125.
Nevada Divorce Questions
Nevada Divorce General Questions
QUESTION: What are the residency requirements for a Nevada Divorce?
ANSWER: A Nevada divorce requires 1 party to be a Nevada resident for 6 weeks prior to filing for divorce. A resident of Nevada would sign an affidavit that the person has been in Nevada for 6 weeks. Or if one party is in the military and Nevada is their home state of record you can file here.
QUESTION: What types of divorce do you do?
ANSWER: We prepare papers for two types of Nevada divorce. A Joint Petition (uncontested) Nevada divorce, signed by both parties agreeing to terms including child custody, support, visitation, assets and debts. A Complaint for Nevada divorce can be used when one spouse will not sign the Nevada divorce papers or cannot be found.
QUESTION: May the Nevada divorce papers be signed in another state?
ANSWER: The party living in another state may notarize in that state, but the party living in Nevada must sign the papers in Nevada, unless they are in the military with Nevada as their home state.
QUESTION: Is a Nevada divorce valid in all states?
ANSWER: Based on the full faith & credit clause of the Constitution all states must recognize valid divorce orders from other states.
Nevada Divorce Joint Petition (Uncontested Divorce) Questions
QUESTION: How long does the Nevada Divorce Joint Petition process take?
ANSWER: We can have the papers ready and sent to you the same day and once filed they are generally signed by a judge in 3-4 days.
QUESTION: How much does a Nevada divorce Joint Petition cost?
ANSWER: Our cost is $300 for the documents and $325 for filing fee that goes towards the court cost and handling. The second payment does not have to be paid until the papers go to court.
Nevada Divorce Complaint Questions
QUESTION: How long does the Nevada divorce Complaint process take?
ANSWER: If your spouse can be personally served it will take approximately 5-7 weeks. It will take about 9-10 weeks if the case has to be published. After this is completed the paperwork will go to the Judge if the other party does not contest.
QUESTION: How much does a Nevada divorce Complaint cost?
ANSWER: Our cost is $500, $325 for court filing/handling fee, which is paid when the case gets filed, $100 for service fee OR $100 for Due Diligence search and $100 for publication (can be higher). If the spouse cannot be served personally, the case has to be published.
QUESTION: Please explain the Nevada divorce Complaint process.
ANSWER: You complete the questionnaire online and we type the papers. You notarize everything and then we file with the court. The spouse would be personally served, but if that cannot be done, the Court requires a due diligence search to try to locate them and then it must publish once a week for 4 weeks. Your spouse then has 20 days to file an Answer. If your spouse does not file an Answer, we can file the remaining documents for the Judge to review.
QUESTION: What happens if my spouse files an Answer?
ANSWER: If your spouse files an Answer, you would proceed with further procedures. At that point you would need to consider retaining an attorney. We would not be able to further assist you if the other party files an answer.
QUESTION: How are the assets/debts, custody, support, visitation handled in a Nevadad divorce Complaint?
ANSWER: If your spouse does not contest the divorce, the judge usually signs the Decree of Divorce as you have requested.
Asset and Debt Questions
QUESTION: Asset/Debt descriptions
ANSWER: You should provide detailed descriptions of all assets and debts, including 401K, retirement, pension and accounts. You should clearly identify the debt by name, balance and account number.
QUESTION: How do we transfer the home to the other party?
ANSWER: The party releasing the home would execute and record a quit claim deed for the property to the other party. The transfer of ownership of the home will not change the debt for the home unless the home is refinanced. We can prepare the quit claim deed for you.
QUESTION: What is community debt?
ANSWER: Both spouses are financially responsible for all community debt whether that spouse signed the agreement to pay or not, but only if the debt was for the benefit of the “community” and was not improper. The creditor may seek payment from a non-signing spouse. If both spouses signed for the debt and get a divorce, both spouses are still legally bound to pay the debt no matter who is responsible for paying the debt in the divorce action.
Spousal Support Questions
QUESTION: Am I entitled to spousal support?
ANSWER: Determination of spousal support is a complex issue and varies on a case by case basis depending upon the number of years of the marriage, income of both parties, and other factors. In a Joint Petition Nevada divorce you can agree on spousal support and terms. In a Complaint you could include desired spousal support and if the other party does not contest you would normally get what you ask for. If it goes to a court trial it would be the Judge’s decision.
Child Support, Custody and Visitation Questions
QUESTION: Child Support questions
ANSWER: Child support must comply with Nevada Statutes 18%, 25%, 29%, 31% +2% each additional child, of gross income), but the statutes also allow the parties to deviate for good cause. Examples include, if the party is paying for medical insurance, will provide transportation for visitation or if they allow the custodian to claim on their taxes. Child support by statute must be at least a minimum of $100 per child per month. There are maximum amounts based on income.
QUESTION: Visitation questions
ANSWER: Specific visitation must be included or the Nevada divorce might not be signed by a judge. Specific means days and time. If custody is joint the schedule must be very close to 50/50.
QUESTION: Child custody questions
ANSWER: There is normally the primary custodian (who the child lives with) with the other party having visitation. A joint custody arrangement is when the parties have 50/50 custody. Normally legal custody is Joint meaning both parties have the legal right to make major decisions impacting the child. Sole custody can sometimes be awarded for special circumstances and you would need to explain the reason in the papers.
To review Nevada divorce child support statutes go to Nevada Revised Statutes 125B.
Nevada Annulment Questions
QUESTION: How can I qualify for an Nevada annulment?
ANSWER: The courts in past cases have allowed a number of reasons that justify an Nevada annulment. Annulments are very fact specific. We can review your factual circumstances at no charge. Also see our webpage on grounds for annulment.
QUESTION: Will a hearing be required for an Nevada annulment?
ANSWER: Judges have not required hearings, but it is in their discretion to do so. We have not had a hearing called in 6 years unless the other party contested the action and requested a hearing.
QUESTION: How is an Nevada annulment different from a divorce?
ANSWER: Annulment cancels or voids marriage as though it never occurred.
QUESTION: Is there any time limitation as to when you must file for an Nevada annulment?
ANSWER: There are no time limitations in Nevada; however, we encourage clients to file as soon as possible as it may affect the Judge’s decision. In addition, if you are using the fraud statutes the state requires immediate separation upon learning of the fraud.
Question: What documents should I include?
ANSWER: You should include any documents you have to substantiate your grounds for annulment, such as: Proof of different addresses, infertility, mental illness, disease, bigamy, (or other reason they are using) and the marriage certificate. If you do not have the marriage certificate we can get one for you.
Question: Reason for Nevada Annulment
ANSWER: There are 3 categories for Nevada annulments; a marriage that was void at the time performed (such as blood relatives, bigamy), a marriage that lacked consent (such as intoxication, insanity, underage), or a marriage based on some kind of dishonesty. Under fraud the state requires immediate separation upon learning of fraud. Also see our webpage on grounds for annulment.
QUESTION: Nevada Annulment Jurisdiction
ANSWER: There is no Nevada annulment residency requirement if you were married in Nevada. If you were not married here the state requires one party to reside here for 6 weeks or if the party is military and Nevada is the home state.
QUESTION: How much does a Joint Petition Nevada Annulment cost?
ANSWER: Our cost is $500 and $325 for court filing/handling fee when it goes to the court.
QUESTION: How much does a Complaint Nevada Annulment cost?
ANSWER: Our cost is $600, $325 for court filing/handling fee when it goes to the court, $100 for service fee OR $100 for Due Diligence search and $100 for publication (can be higher). If the spouse cannot be served the spouse personally, the case has to be published.