NEVADA DIVORCE BASICS AND OVERVIEW
|This is a divorce reference guide to understanding no-fault divorce in Nevada. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.|
- Time Frame: After the papers are filed with the court it normally takes one to two weeks for an uncontested divorce to be granted after the papers are filed with the court. When the other party is personally served, divorce normally takes six weeks.
- Where to File: District Court. "In the district court for __________ County, Nevada."
- Statute Statutes: Nevada Revised Statures, Chapter 25.
- Name of Action: Complaint for Divorce.
- Name of Parties: Plaintiff, the filing party, and defendant, the other party.
- No-Fault or Fault and No-Fault Only: No-Fault and General Grounds.
- Primary Documents Filed: Complaint for Divorce and Decree of Divorce.
- Physical Separation Required: Yes.
- Separation Time to File: No.
- Legal Separation Permitted: Yes. A legal separation is also called a separate maintenance agreement. The couple lives in different residences but remain married, but the majority of the marital ties are severed. A legal separation can be executed quickly if both spouses agree.
- Grounds: No Fault, which means living separate and apart for one year without cohabitation or incompatibility; and general, which means insanity existing for two years prior to the commencement of the filing.
- Residency Requirement: One of the spouses must live in Nevada for at least six weeks immediately before filing for divorce.
- Mediation Required: No legal provisions exist in Nevada for divorce mediation.
- Counseling Required: There are no legal requirements for marriage counseling in Nevada.
- Parenting Classes Required: Divorcing parents with minor children must attend a COPE class before the conclusion of their divorce case. This class educates parents about helping children cope with the stresses of divorce and deals with how children of different ages react to divorce.
Like many states, before Nevada courts will finalize a divorce with minor children, it requires that parents take a mandatory parenting class. This requirement is designed to help parents and children deal with the trauma of divorce and separation. Unless the court grants a waiver, both parents must typically meet this requirement. A parent can meet this requirement conveniently online at a very reasonable cost. There are several options provided by third-party private companies or by the actual court. The details of the mandatory parenting class requirement can be found in Nevada Rule 5.07 of Chapters 125, 125A, and 126 of the Nevada Revised Statutes.
- Filing Fee: About $300. (See NV Filing Fee Waiver Form)
- Where to File for Child Support: A resident of Nevada may receive child support enforcement from the Department of Health and Human Services, which located deadbeats who have violated child support orders, helps them set up new child support cases, and helps in paternity cases.
- Child Support Guidelines Model: Nevada utilizes a percentage of income formula that determines the amount of child support as a percentage of the income of the parent obligated to pay the child support.
Child Support in Nevada is calculated by using a varying percentage of the paying parent's gross income, which decreases as the paying spouses gross income increases. Once calculated, the gross monthly income is then multiplied by a percentage depending on the amount of children requiring child support. The percentages are as follows: for 1 child, 18 percent; 2 children, 25 percent; 3 children, 29 percent; 4 children, 31 percent; and each additional child, an additional 2 percent. Nevada has a very simple approach to determining a child support obligation compared to most other states. Parents can also agree to an amount that is higher or lower than what the Nevada guidelines suggest, but that amount must be recognized by the court as an appropriate amount for the circumstances presented. Not more than the presumptive maximum amount per month per child is awarded to the parent with physical custody.
- Property Division: Community property division, with a dual property regime.
- Appreciation of Separate Property: The appreciation of separate property is marital.
- Attendance at Hearing: Not required.
- Fault Considered in Property Division: No.
- Waiting period after Divorce for Remarriage: None.
- Ways to Serve Spouse: In Nevada personal service means delivery to the defendant personally, or by leaving the divorce papers at his or her dwelling house or usual place of abode with some person of suitable age and discretion residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process. Service by Publication is permitted when the defendant resides out of the state, or conceals himself or herself.
- Divorce Records: The Nevada Division of Public and Behavioral Health maintains Vital Records
In Nevada, the Division of Public and Behavioral Health maintains Vital Records for the state. Divorce records are also collected and maintained at the county level and the information is delivered to the Division of Public and Behavioral Health. Typically the divorce records are retrieved at the county court where the divorce was filed and granted. The County Clerk has specific procedures and requirements to request a divorce record. The Office of Vital Records is located at 4150 Technology Way Suite 104, Carson City, Nevada 89706. Keep in mind that a divorce record will not have details of the actual settlement. These details are available in a copy of the Decree of Divorce and any Marital Settlement Agreement that would have been attached and referenced in the Decree of Divorce. These documents may also be retrieved at the county court in which the divorce was finalized and are not available at the Nevada Vital Records Office.