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DO IT YOURSELF DIVORCE IN NEVADA

Nevada's no-fault and uncontested divorce process will help decrease the time and cost of getting a divorce.

Nevada is an equitable distribution state, and all property is subject to distribution.

Alimony may be awarded.

Nevada Grounds for Divorce

Grounds include no-fault, which means incompatibility or living separate and apart for one year without cohabitation, and fault, which means insanity existing for two years before start of the action. The fault grounds in Nevada are very limited, so most divorced filled are under the no-fault grounds.

Nevada Residency Rule for Divorce

The Petitioner must live in a county and in Nevada for six weeks before the divorce is filed. The action may be brought in one of the following: the county where the cause happened, the county the defendant resides, the county the plaintiff resides, or the county in which the spouses last cohabited.

Divorce Filing Process in Nevada

Couples who agree on everything can file a joint petition action for divorce in the Nevada Court system, for which they complete a Petition of Divorce (original and three copies); Affidavit of Resident Witness; Certificate of Service or Waiver, and Child Welfare and Identification Sheet (if there are minor children).

Nevada online divorce process When spouses cannot agree on the terms and conditions of the divorce, the filing spouse must file a regular Petition for Divorce, which requires, in addition to the documents above, a Summons and the papers must then be served to his or her spouse. Here is more information regarding the process of filing uncontested divorce papers in Nevada.

In Nevada, anyone filing an action for divorce, annulment, custody, or separate maintenance must file a Financial Disclosure Form, which lists the party's assets and debts. The form must be filed within 45 days after service of the original Petition for Divorce.

If the spouses reach an agreement before the case moves forward, the petitioner files a settlement agreement and presents it to the court. In most cases, divorcing couples prefer dividing their property instead of having a judge decide. Settlement saves money and gives the spouses more control over their divorce.

After the papers are filed with the court it normally takes one to two weeks for an uncontested divorce. Learn the best ways to save money when doing your own divorce in Nevada.

Do It Yourself Online Divorce in Nevada

Our online software makes it easy to file your own divorce in Nevada. In as little as 20 minutes you can have all your completed divorce forms and filing instructions ready for signing and filing. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times. See if you qualify below:

Nevada Property Division

The court accepts any fair and reasonable property division that the spouses can agree upon.

Nevada is a community property, dual classification state. Any property held in joint tenancy is community property. When one spouse makes a contribution of separate property to the acquisition or improvement of community property, the court may reimburse that party. The appreciation of separate property is considered community property.

In dividing property, the court classifies assets and liabilities as community or separate, then places a value on assets and debts, and then makes an assignment. In dividing property, the court considers the parties' age and health, contributions to the marriage and economic circumstances and tax consequences. Normally, the court values assets and liabilities at the time they are divided but the court may select any valuation date.

Before the court can divide the community property, it distinguishes the property from any separate property owned independently. Generally, separate property is property owned before marriage. Under some circumstances, it also includes property acquired during marriage, like a gift, an inheritance, or a personal-injury award. Likewise, any profit or rent from separate property remains the property of the owning spouse.

Although the court excludes separate property at division, it must presume that all property acquired during marriage is community property. To keep something gained during marriage out of the property division, a party must give the court clear and convincing proof that it was owned before marriage, or was a gift intended only for one person, or one of the other justifications that characterize property as separate.

Even if an asset is proven separate, the court might set it aside to cover alimony, child support, or a community debt.

Real property like the family home, personal property like jewelry, and intangible property like income, dividends, and benefits are commonly divided at divorce. Liabilities, or debts, must also be divided or assigned to one spouse or the other. Just like other property, before dividing a debt, the court has to characterize it as community or separate based on when it was acquired, who acquired it, and how it was used. Then the court will apply the factors below to assign responsibility for it.

From a starting point of equal division, the court can shift the property rights from one spouse to the other based on the unique circumstances of the marriage. A custodial mother may get more of the community property, for example, when she has custody but fewer financial resources than her husband because she stayed home during marriage.

The court will not, however, increase her share of community property because her husband's faithlessness caused the marriage to fail. The law allows the court to distribute the community property unevenly based on compelling reasons, but those reasons tend to be economic rather than moral; they can't be based on fault.

As in other jurisdictions, divorcing couples normally sell the marital home and divide the profits, or sell the home to one party and refinance, or the custodial parent occupies the house until the last child leaves school and then sell it.

Retirement benefits are marital property when the worker meets all the requirements for payout. This is called vested. They are either Defined Contribution Plans (DC), such as a 401(k), or Defined Benefit Plans (DB), which is the company pension. That part of a pension accumulated during a marriage is community property and subject to distribution. When spouses share in each other's pension plan, a Qualified Domestic Relations Order (QDRO) must be prepared. The QDRO spells out the terms and conditions of the pension distribution.

Once handed down, a Nevada property division order cannot be modified unless there are "exceptional and compelling" circumstances for the sake of "fairness and justice."

Nevada Alimony

Alimony is not designed to punish a spouse, so fault is not considered here, either; however, a party might be entitled to alimony if the divorce makes it difficult for him or her to maintain the standard of living he or she enjoyed during the marriage. The alimony helps offset any gap between the spouses in employability or assets. Alimony helps the recipient adjust to the financial situation that is a result of the divorce.

Alimony can help bridge at least part of the financial gap for a spouse who contributed more of the unpaid work during marriage, or even if he or she brought monetary resources to the marriage but his or her age, health, ability to work, or some other factor leaves him or her unfairly disadvantaged at divorce.

The amount and duration of payments depends on factors such as age and health, but also on how she contributed to the marriage - including the contribution of a homemaker - and what your obligations will be after divorce.

Any award for alimony must be just and equitable, so the court can't ignore a spouses's ability to pay. In accounting for both spouses' financial conditions, the court can order alimony in lump sum payments or to be made on a schedule.

In Nevada, support can influence property distribution, and it can become a very intricate part of the outcome of any divorce. In Nevada, court may award three types of alimony: temporary, (alimony pendente lite), awarded during the divorce proceedings and before the final decree; short- term, awarded to allow the recipient time to gain necessary skills; long-term or permanent, granted to a spouse who has significant needs, usually reserved for lengthy marriages where the receiving spouse is at a disadvantage in the job market.

Nevada considers 13 factors in awarding alimony, including "factors which measure the financial condition in which the parties will be left as the result of the action under which the determination of maintenance is made"; and "probable duration of the need of the party seeking support and maintenance. "

Nevada Child Custody

In Nevada, the best interest of the child is the primary concern in child custody and that can mean joint or sole custody. Nevada expresses a preference for both parents to share as equally as practically as possible in the custody of a child. Joint custody gives both parents equal right and responsibilities.

When parents disagree about custody, the court decides custody of the child. Courts permit a variety of custody regimes, but all in support of the best interests of the child.

Divorcing parents with minor children may be required to complete a parenting class unless the court waives requirement. Often times divorces are delayed because one spouse has not completed the requirement and has not submitted the certificate of completion the court.

Sometimes a third party, such as grandparents, may be awarded custody when the court determines that both parents are detrimental to the best interests of the child. If the court determines that the biological parents are detrimental (for example, the parents are sex offenders), they may be granted supervised visitation.

Courts enjoy wide latitude in determining visitation.

Nevada Child Support

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. This percentage factors the number of children requiring support. These percentages are based on the gross monthly income of the parent paying child support: one child, 18 percent; 2 children, 25 percent; 3 children, 29 percent; 4 children, 31percent; and for each additional child, an additional 2 percent, but the total will not exceed more than $500 per child per month.

Sometimes, after calculating support, courts permit adjustments up or down that are called deviation factors. Courts may consider extraordinary expenses, independent income, seasonal fluctuation in parents' income, special needs as well "any other reason that should be considered to make child support more equitable." Likewise, extraordinary expenses can be either add-ons, where the expense is added to the support payment paid by the noncustodial parent, or a deduction, where it is subtracted.

Extraordinary expenses can be either add-ons, where the expense is added to the support payment paid by the noncustodial parent, or a deduction, where it is subtracted.

A parent may be ordered to include a child on medical insurance, particularly when the visiting parent receives health insurance.

Courts order temporary child support during custody and support actions, and either parent may be order to pay.

Nevada Service of Process for Divorce

Unlike most states, Process servers must be licensed, and the license fee is currently one of the most expensive states in the nation to get a process server license. They must be at least 21, and/or have over two-years experience. In Nevada divorce cases, personal service is preferred, which means delivery to the respondent personally, or by leaving the divorce papers at his or her house with some person of suitable age and discretion, or by delivering a copy of the Summons and Petition to an agent authorized by appointment or by law to receive process. The divorce papers are also mailed to his or her residence.

Courts permit Service by Publication when the defendant lives out of the state, or conceals himself or herself, or cannot be found after due diligence. The court issues an order permitting service by publication, which directs the publication in a newspaper, published in Nevada, for a period of four weeks, and at least once a week during said time. After publication, the defendant has 20 days to appear and answer or otherwise plead. The service is complete after four weeks from the first publication, and in cases when the divorce papers are also mailed, at the expiration of four weeks from such deposit.

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
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Disclaimer: This is a quality non-lawyer self-help divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3 Step Solutions, LLC does not practice law and does not give out legal advice. This software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more. There may also be other pro se divorce options available by contacting your court.
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