| STATE PROCEDURES |
| How much is the filing fee in Nevada? |
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The filing fee charged by the Court is NOT included in the DivorceWriter price. The fee for filing for divorce in Nevada varies from county to county, but typically ranges from $150.00 to $300.00.
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| Will either of us be required to attend a court hearing? |
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Since both spouses sign the Joint Petition and related documents in front of a Notary Public, it is not necessary for either spouse to attend a hearing to finalize a divorce.
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| How long does it usually take to finalize a divorce in Nevada? |
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While there is no set waiting period for completing the divorce, you should expect to wait at least 2-3 weeks after the date of filing before receiving your finalized decree from the Court.
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| What is considered to be the date of separation in Nevada? |
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The term "separation date" sometimes refers to the date when the spouses stopped living at... more
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| How do I serve my spouse with the divorce papers in Nevada? |
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Because both spouses sign the Joint Petition in front of a Notary Public and are both on notice of the divorce filing, formal service of process is not required.
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| Where do I file the divorce documents in Nevada? |
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In Nevada, divorces are filed at District Court Clerk's office in the county of filing. Carson City filers will file at the Carson City District Court Clerk's office.
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| What are the Nevada residency requirements for filing for divorce? |
In a Joint Petition for Divorce, where both spouses agree on all issues, both parties are referred to as "petitioners." One of the petitioners must be a resident of Nevada and that person is referred to as the "resident petitioner." The resident petitioner must have been physically in Nevada for at least six (6) weeks before the Joint Petition for Divorce is filed. If both spouses have lived in Nevada for at least six (6) weeks before filing, only one of the spouses is designated as the resident petitioner.
In addition, an Affidavit must be completed and signed by a "resident witness," which is third party (not one of the spouses) who personally knows that one of the spouses is a resident of the State of Nevada and that the resident petitioner has lived in Nevada and been physically present in Nevada for at least six (6) weeks prior to filing for divorce. The resident witness must be a resident of Nevada and must sign the Affidavit in front of a Nevada Notary Public.
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| What are the basic steps to getting a divorce in Nevada? |
1) Both spouses sign the Joint Petition for Divorce and several other documents in front of a Notary Public.
2) One spouse files the notarized documents with the District Court Clerk and pays the filing fee.
3) The Court Clerk sends your Divorce Decree signed by the judge in about 2-3 weeks.
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| What happens after I receive my self-prepared Nevada DivorceWriter package? |
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Along with your self-prepared Nevada DivorceWriter package, you will receive written procedures for signing documents and filing with the Clerk. The written procedures are state-specific and include the address and telephone number of the District Court Clerk for the county of filing selected by the customer.
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| What if both spouses meet the six-week residency requirement? |
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One spouse must be designated as resident spouse. The resident spouse must have lived in Nevada for at least six weeks and also be able to designate a friend, relative or co-worker as resident witness. The resident witness must be 18 and prepared to sign an affidavit in front of a Notary Public that swears to having personal knowledge that the resident spouse meets the six-week residency requirement. If both spouses meet the requirement, select the spouse who will be filing the divorce documents with the Clerk.
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| Can I change my name in Nevada divorce proceedings? |
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If you select the name change option, you will be prompted to enter a former name that the wife wishes to have her name restored to and the request will be automatically added to your documents at no additional cost. Pursuant to Nevada Revised Statute 125.130(4), only the wife is entitled to have her name restored to a maiden or former last name through the divorce proceedings.
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| What documents are included in the self-prepared Nevada DivorceWriter package? |
Your self-prepared Nevada DivorceWriter package will include:- Family Court Cover Sheet Civil Cover Sheet (Clark Co. only)
- Family Court Information Sheet
- Personal Case Information Form
- Joint Petition for Summary Decree of Divorce
- Affidavit of Resident Witness
- Child Support and Welfare Party Identification Sheet (Clark Co. only)
- Joint Request for Submission (Not Clark Co.)
- Decree of Divorce
- Certificate of Service (Clark Co. only)
Customers with minor children will also receive the following:- Declaration Under Uniform Child Custody Jurisdiction Act (NRS 125A.385)(Clark Co. only)
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| What are the grounds for filing for divorce in Nevada? |
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The most common ground for divorce in Nevada is incompatibility. All that is required is for both spouses to agree that they are no longer compatible with each other. Additional information on grounds for divorce in Nevada is available at Nevada Revised Statute 125.010. DivorceWriter forms accommodate customers who wish to divorce for the reason of incompatibility only.
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| CUSTODY, VISITATION, SUPPORT |
| How is child support calculated in Nevada? |
Based on the information provided by the customer when completing this online interview, the standard child support amount is automatically calculated.
The standard calculation for Nevada is set by the Nevada legislature based on the number of children and the gross income of the parent paying support. More information on child support in Nevada is available at NAC 425.140.
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| Will we be able to customize our documents to fit our specific custody and visitation arrangement? |
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DivorceWriter accommodates parents who want to designate one parent as the legal custodian... more
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| What are the different types of custody in Nevada? |
In Nevada, "physical custody" refers to the physical care and supervision of a child. Physical custody can be joint or sole. In a joint physical custody situation, the parents often spend about the same amount of time with the child(ren) each week. However, parents can also choose joint physical custody while designating one parent as the primary physical custodian. With sole physical custody, the non-custodial parent can exercise visitation/parenting time, if desired.
"Legal custody" refers to parental rights and responsibilities in making decisions regarding the child. In Nevada, there are two types of legal custody: (1) joint/shared and (2) sole. With joint/shared legal custody, both parents retain full parental rights and responsibilities and confer with each other so that major decisions affecting the welfare of the child(ren) will be determined jointly. With sole legal custody, one parent makes decisions regarding the minor child(ren) and the other parent usually, though not always, exercises some type of visitation.
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| When can a child support order be modified in Nevada? |
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An child support order may be reviewed at any time on the basis of changed circumstances. A change of 20 percent or more in the gross monthly income of a person who is subject to an order for the support of a child shall be deemed to constitute changed circumstances requiring a review for modification of the order for the support of a child. Additional information on child support modification in Nevada is available at: Nevada Revised Statute 125B.145
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| PROPERTY AND DEBTS |
| What options do we have for our real estate? |
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The DivorceWriter online interview provides an array of options for disposing of your real... more
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| SPECIAL CIRCUMSTANCES |
| What if one spouse is living in a foreign country? |
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If your spouse is able to receive documents in the mail and is willing to sign and return ... more
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| What if one spouse is in the military? |
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If both parties are willing to sign the papers, ending your marriage when a spouse is in t... more
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| ADDITIONAL RESOURCES |
| Where can I find the full-text version of the Nevada divorce statutes online? |
Nevada State Divorce Laws
Nevada Revised Statutes Title 11-Domestic Relations
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