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To get a divorce in Las Vegas, the person filing (“Plaintiff”) must file a Complaint for Divorce with the Clerk of Court and pay the requisite filing fee. In the Complaint, the general allegations must be made (custody, asset/debt distribution, support obligations, etc.). After the Complaint is filed, the Clerk will sign a summons and then the Plaintiff must have these legal documents served on the Opposing Party (“Defendant”). If applicable, in lieu of personal service of these documents, an Acceptance of Service form can be signed and filed with the Court.
Once the Complaint is filed, the Defendant has twenty (20) calendar days to file an Answer and Counterclaim. In this document, the Defendant will admit or deny the allegations contained in the Complaint. Moreover, the filing of the Answer triggers additional deadlines, as set forth in the Nevada Rules of Civil Procedure Rule 16.2, that is only applicable to Family Law Cases.
At any time, either Party can file a Motion with the Court, which will set a hearing for temporary orders, usually involving spousal support, child support, request for attorney’s fees, etc. The responding Party may then file an Opposition and Countermotion so that the Court may consider all facts and apply the relevant law when making a decision on the date of the hearing.
Answers To Common Questions About Filing for
Divorce In Clark County
The dissolution of your marriage is an emotional and stressful event. The assertive attorneys at Nevada Defense Group look out for your best legal interests so you can concentrate on the well-being of your family.
Our skilled divorce attorneys are experienced at fighting for our clients’ rights in all aspects of divorce.
Getting a divorce in Nevada can take anywhere from a few weeks to several months or longer in complex cases with high value assets and children. The amount of time it takes to finalize a divorce in Nevada depends on several factors, including: the type of divorce (summary, uncontested formal, uncontested divorce by publication, or contested); whether there are any children under the age of 18 in the marriage; whether the parties agree on the division of assets, as well as how couples the marital estate is; and, the caseload of the court at the time of filing.
At a minimum, divorcing parties will need to pay the filing fee to the Nevada Courts of approximately $300. The final cost of getting divorced in Las Vegas depends on several factors, such as; whether the divorce is contested or uncontested; the costs of legal representation throughout the proceedings; the amount of preparation fees when applicable; the complexity of the marital estate and the couples assets and property; and, whether there are custody issues or implications, such as relocation and time split allotments. It is vital to partner with a reputable law firm who will fight for your rights in divorce proceedings in Nevada.
While Nevada is a "no-fault" divorce state, there are unique advantages to filing first. These advantages include: more time to seek experienced legal representation; the ability to choose the venue of proceedings and dates; more time to evaluate and assess assets and debts; the ability to withdraw the divorce before the defendant responds; and, Nevada offers Plaintiffs the opportunity to testify both first and last in court.
To be eligible for an uncontested divorce in Nevada, both parties must completely agree on the terms of their divorce. If applicable, this applies to issues surrounding child custody, child support, and spousal maintenance. Spouses find this option of divorce to be more attractive, as it can save both time and money. We urge you to contact our divorce lawyers in Las Vegas today to ensure that your best interests are prioritized.
If there are children, all custody issues must be resolved before the Court can grant an absolute Decree of Divorce. The Court must send the Plaintiff and Defendant to the Family Mediation Center (“FMC”), at Family Court, to attempt to resolve custody and visitation issues. If this process is not successful, and there is no mutual agreement by the Parties, the Court is required to set the matter for an Evidentiary Hearing. At this hearing, evidence is taken, there is a testimony of the Parties and any witnesses, and the Judge rules accordingly at the conclusion of the hearing.
The Parties are required to attend the COPE class and file a Certificate of Completion with the Court. This COPE class is offered by various organizations throughout the Las Vegas Valley and is mandatory for parents with children. This is a three (3) hour course that focuses on the relationships of the Parties and reminds the Parties that although the marriage may be over, the Parties still need to communicate and cooperate with one another for the sake of the children. This class should be taken early on in the case when the Parties need the information obtained from this class the most.
If The state of Nevada does not require a period of separation before divorce. However, living separately for at least one year may be listed as grounds for divorce when filing the document.
By Nevada law, to successfully file for divorce, one of the party members must have lived within state lines for at least 6 weeks
. For anyone active in the military, you can file in Nevada as long as you lived here before being stationed elsewhere. In some cases, members of the military may need to gain resident witness testimony as further proof of return.
Nevada is unique in the sense that it is only 1 of 9 states that practices a community property division system
.This means all assets and debts acquired during the marriage will be divided 50/50. A common concern among divorcing couples is who will retain the family home. This is often a difficult situation, especially if minor children are involved.
Typically, a judge may evaluate three separate routes when deciding on this issue:
Sell the home and divide revenue evenly
Allow one spouse to refinance or otherwise "buy-out" the other spouse.
Plans on refinancing or selling the home once an event triggers a desired outcome (ex: kids move out)
702 Divorce & Family Law
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Excellent client communication process to keep you informed throughout! You will always have direct contact with the legal team managing your case.
We Fight for the Families of Nevada
We Focus On Client Satisfaction
Hiring an attorney for your legal dispute can feel like taking a leap of faith - and in many ways, it is. When you work with one of our lawyers at the 702 Divorce Law Firm, we want you to feel confident in your decision to pursue a partnership with our firm - it's just one of many reasons we offer a free first consultation to individuals interested in working with our attorneys.
To see what our clients have to say about working with us, read the testimonials below!
Incredibly happy with what they have been able to accomplish for me so far. Damian Sheets is extremely knowledgeable and aggressive when needed in the court room. Especially when it comes to shutting down false allegations and claims made against you. They were able to reassure me and give me a sense of ease knowing my case was in such good hands. Especially considering how incredibly busy his schedule was, but still made me feel like a priority. His paralegal Stace, is extremely nice and helpful as well. Definitely a firm I would recommend.
Extremely satisfied with the service my son and I received from this law firm as well as their paralegals. Matthew in particular was extremely helpful and was so accommodating of my requests and even went above and beyond - offering to check his email up to 10 pm(!!!) to allow my son to turn in some documents needed for their attorneys to present on my son’s behalf in court that following morning! He also always promptly responded to my emails and I sent quite a few. Damian was also very supportive and helpful from the very beginning - he even called me on a Saturday when I sent him an email add asking to be called. This law firm really cares about their clients!!! I would highly recommend them to anyone needing legal assistance.
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