Filing for Divorce in Las Vegas

Divorce is hardly ever cut and dry. In fact, there is no single solution to divorce, and it can be one of the most emotional and complex areas of law. Oftentimes, couples filing for divorce can feel overwhelmed by the legal process while trying to balance everyday responsibilities, particularly to their children and work. With the right legal representation, however, Leavitt Law Firm believes that you can achieve a fast and easy divorce.

We know that you do not want to be stuck in an endless courtroom battle. We know that you want to move on from this time in your life quickly and with the least amount of pain and heartache as possible. Let us simplify the legal process for you.

Contact Leavitt Law Firm at 702-996-6052 for your confidential evaluation.

How Do I Get a Divorce in Las Vegas?

In order to get a divorce in Las Vegas for an uncontested divorce or collaborative divorce, you must be a Nevada resident for at least six weeks before filing for divorce, along with the following documents:

• Joint Petition Application - Request form that Las Vegas courts grant for divorce.
• Resident Witness Affidavit - Document for third-party witnesses to fill out with proof you've lived in Nevada for at least six weeks.

Individuals who are considering divorce must also carefully prepare for related matters, such as child support, child custody, property distribution, visitation rights, and alimony.

It is recommended to consider a contested divorce if both parties do not agree on issues such as custody, support, alimony, or visitation. Nevada recognizes different types of divorce, and we can assist in any of these areas.

Is Nevada a No-Fault State for Divorce?

Yes, Nevada is a no-fault divorce state, which means that you are not required to prove that the other spouse has committed any type of wrongdoing. Generally, no-fault divorces are granted due to:

• Incompatibility;
• Irreconcilable differences;
• Irretrievable breakdown of a marriage; or
• Having been separated for a minimum of 12 months.

Uncontested Vs. Contested Divorce in Nevada

One of the largest decisions you'll make when dissolving your marriage is whether to file for a contested or uncontested divorce.

If you and your partner agree on all divorce-related matters, such as how to divide property, handle child custody and support, and whether alimony is necessary (and to what degree), you can file for an uncontested divorce.

Alternatively, if you share any disagreements over how to handle such matters, you must instead file for a contested divorce.

In most uncontested divorces, the parties meet with each other to negotiate the terms of their divorce, sometimes utilizing a form of alternative dispute resolution (ADR) like mediation or collaborative law. After agreeing on terms for their divorce, they draft and sign an agreement detailing those terms.

After the petitioner files for an uncontested divorce, the respondent can waive their right to respond, or the parties can file their divorce petition jointly. The parties can then present their divorce agreement to the court. If the court determines the agreement is equitable, a judge can sign it, finalizing the divorce.

Alternatively, if the parties choose to engage in a contested divorce, the process could take a year or longer depending on how severely they disagree on terms for the divorce. Each party has the opportunity to present their case to the court in a trial, after which the court will draft a divorce decree the judge presiding over the case determines is equitable.

Whether you choose to file for a contested or uncontested divorce, having a family lawyer you trust by your side throughout the process is essential. Our Las Vegas divorce attorneys will work with you to ensure you receive the legal counsel you deserve during your divorce case.

Can I Get Divorced in Las Vegas as Non-Resident?

You can still get divorced in Nevada, even as a non-resident. The law requires that at least one person in the marriage be a Nevada resident for six weeks before either party can fire for divorce in the state of Nevada. As long as your spouse has been a resident for the required amount of time, you will be able to get divorced in Las Vegas.

What Do I Need When Filing for Divorce?

Divorce laws in Nevada are fairly straightforward, if you adhere to state regulations and requirements. Whether your divorce is contested or collaborative, you or your spouse will be required to fill out a significant amount of paperwork. If you are the spouse responsible for completing the paperwork, you’ll need to “serve” the documents to the non-filing spouse. The non-filing spouse then has 20 days to respond to the documents you served.

When filing for divorce, you’ll need the following documents:

• Decree of Divorce;
• Affidavit;
• Certificate of Service or Waiver;
• Child Welfare and Identification Sheet (if there are minor children); and
• Summons (if you and your spouse cannot agree on the terms and issues of your divorce).

How to File for Divorce in Nevada

Filing for divorce in Las Vegas can be a complicated and legally involved process. To get started, one party must file a complaint with the court in the county where they reside. The complaint should identify both parties, list any children of the marriage, and explain why the petitioner is seeking a divorce. In addition to filing the complaint, there are other steps that must be taken before filing for divorce in Las Vegas including:

• Serving notice to the other spouse
• Drafting an agreement that details how assets and debts will be divided
• Submitting evidence of residency
• Filing financial disclosures
• Attending mediation or settlement conferences if needed

Once all of these steps have been taken then it may be time to appear before a judge at trial to determine the final outcome of the divorce. Depending on the circumstances, it may also be possible to reach an amicable agreement between both parties without appearing in court. Ultimately it is best to consult with an experienced Las Vegas divorce attorney who can help guide you through this process and ensure your rights are protected every step of the way.

How Long Does Divorce Take in Nevada?

Divorce in Nevada can take anywhere from a few weeks to several months, depending on the type of divorce. In general, the amount of time it takes to get a final decree can be broken down accordingly:

• Summary: 1–3 weeks
• Uncontested formal: Up to 6 weeks
• Uncontested divorce by publication: Up to 4 months
• Contested: Up to 3 months (or longer if the division of property gets very complex).

How Much Does a Divorce Cost in Las Vegas?

According to the Nevada State Bar, the average cost of a divorce in Las Vegas can range from $10,000 to $20,000 or more. Factors like the complexity of the case, the number of assets involved, and whether or not you are able to come to an agreement with your spouse, or if there are any child custody and property division disputes can impact the cost.

Is Nevada a Community Property State?

Yes, Nevada is a community property state, meaning any assets acquired during the marriage are considered owned by both spouses. This includes both physical possessions and financial accounts as well as debt. These assets must be divided equally between the spouses if there is a separation or divorce. There are some exceptions to this rule, such as inheritances or gifts that are designated as separate property.

We Fight for Your Best Interests!

Don't let a divorce dispute cost you unnecessary time and money, or worse, your access to and relationship with your children. We can help you petition for a restraining order when you're facing domestic violence, or establish a spousal support arrangement, or petition for visitation. In our years of experience, we have helped numerous clients achieve satisfactory results through mediation. When you are looking for a lawyer who is genuinely concerned about how the legal system can directly impact your family's well-being, a divorce lawyer from Leavitt Law Firm is the one to choose.

Whether through mediation or litigation, we can help you move on from this time in your life. At Leavitt Law Firm, you do not have to allow the legal system to take advantage of your vulnerability, emotions, and family. The next chapter of your life can begin today!

If you would like to learn more about how we can help you, contact Leavitt Law Firm to speak with a member of our team today!