There are two ways to obtain a divorce in Nevada: (1) Complaint for divorce and (2) Joint Petition for divorce. A Complaint for a Divorce is the method used when the spouses do not agree on all issues. On the other hand, a Joint Petition for Divorce is the method used when the spouses agree on all issues. The majority of family law actions center on resolving issues of a divorce such as for example: custody issues, child support issues, spousal support issue and property and debt division issues. Therefore, having reached an agreement with your spouse on your divorce issues before you file for divorce, will drastically reduce the time it takes to get your divorce finalized and this will also radically reduce your attorney’s fees expenses in obtaining a divorce.
In order to get a divorce in Nevada using a joint petition, you will need to be able to verify the following information before you file your divorce papers:
-You or your spouse must have lived in Nevada for the past 6 weeks prior to filing of your petition;
-You and your spouse are incompatible in marriage;
-You and your spouse agree on everything in the divorce papers;
-If you have children, your children have lived in Nevada for at least 6 months prior to the filing of the petition.
-You and your spouse both agree on all issues of custody visitation and child support of the minor children
-You and your spouse are both willing to sign the divorce papers.
If you have confirmed that you fulfill the above named requirements then, you may proceed with the filing of the divorce papers. In order to obtain a divorce via a joint petition you must fill out sign and notarize and file the following documents with the court: a joint petition for divorce (signed a notarized by both spouses); Declaration under Uniform Child Custody Enforcement Act, Affidavit of Resident Witness, and a Certificate of Completion of a COPE class. Once you have filed these papers, you must submit your Decree of Divorce directly to the Court and the Department that was assigned to your case.
The filing fee for a Joint Petition for divorce is $289. Once the Judge signs your Decree, you must file it with the clerk. You are not legally divorced until you file your signed Decree with the Court.
Obtaining a Decree of Divorce in this situation should not take more than four (4) weeks. However, you must assure that the documents are properly filled out, singed and notarized. Should the Judge have any objections to your Decree, the Judge’s law clerk will mail you a memo with the required changes. Although obtaining a divorce with a joint petition is fast and affordable, the actual time frame for the conclusion of your divorce will heavily depend on whether you have filed and submitted the appropriate documents and on how long it will take you to complete the COPE class.
By Aneta Mackovski, Esq.