Divorce FAQs
- Do I have to live in Nevada to get divorced there?
- How long will it take to get divorced?
- Do I have to go to Court?
- What if my spouse doesn't want to give me a divorce?
- What is a "process server"?
- How is support enforced?
- Do I need an attorney?
- Can your law firm help me with a divorce in a different state?
- What about our debts?
Q. Do I have to live in Nevada to get divorced there?
A. One of the parties involved needs to be a resident of the State of Nevada for at least six (6) weeks prior to filing for divorce.
Q. How long will it take to get divorced?
A. It varies with each individual case. The simplest case is based on if the divorce is by Default (where the other party does not respond). Generally, default divorces take about 75-90 days. If the case is by Stipulation (where both parties agree on all terms), the proceedings can take only about 65-80 days. But if the divorce is Contested (where one party disagrees with the other), it can take several weeks or more.
Q. Do I have to go to Court?
A. If it is a Default divorce, only the party who filed the divorce papers (the Petitioner) will have to go to court for a quick hearing. If it is by Stipulation, then both parties appear to enter the decree with the Court. A Contested divorce, if it remains Contested and the parties cannot mutually agree, the divorce will end up being litigated in the Court.
Q. What if my spouse doesn't want to give me a divorce?
A. Nevada is a "no fault" state. The requirement for divorcing is that the marriage is irretrievably broken. The person filing for divorce will generally have to take a few additional steps if the other party contests the divorce, but will eventually get a divorce.
Q. What is a "process server"?
A. A process server is an Officer of the Court, licensed by the Superior Court of Nevada. He or she delivers (serves) the legal documents to the party being served with the divorce papers (the Respondent). The process server then files a "proof of service" with the court, certifying that the other party has received the divorce papers and been properly noticed. This method insures the proper notification of the Respondent, and does not require cooperation or signature of the Respondent.
Q. Do I need an attorney?
A. Nevada law allows for participants in civil cases, such as divorce, to represent themselves. However, this is advisable only for those divorce cases where the issues are simple and the parties are amicable to resolve. Unfortunately, this is not always the case.
Q. Can your law firm help me with a divorce in a different state?
A. Unfortunately, due to the large caseload with Nevada cases, my firm assists only those clients with divorces filed in Nevada.
Q. What about our debts?
A. Debt incurred during a marriage is presumed to be community debt. The Court generally divides the debt equally between the parties. Any debt incurred by a spouse before the marriage remains the separate debt of that spouse.
Neither the State Bar of Nevada nor any agency of the State Bar of Nevada has certified any lawyer identified here as a specialist or as an expert.
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