Timeline For Divorce Finalization In Nevada
If you are filing for divorce in Nevada, you should know that there is a specific timeline that will help speed up the process. This timeline includes all the steps that you need to take to finalize your case and get a divorce decree. If you and your soon-to-be ex agree on everything (an uncontested divorce), the process can usually be completed in a few weeks. If there are contested issues in your case, the process will take longer.
1. Filing The Petition
To start the process of divorce finalization in Nevada, you must first file the petition. This is an official document that tells the court how you and your spouse have settled all issues in the divorce, including child custody, child support, property division, and alimony. You also need to file an Affidavit of Resident Witness in front of a notary. This document is proof that you meet the residency requirements for divorce in Nevada.
2. Serving The Defendant
The first step in completing the divorce process is serving your Defendant with the complaint, summons, and JPI. This can be done either by yourself or through a third party over the age of 18.
3. Filing An Answer
In Nevada, the spouse who receives the divorce papers must file an answer within a certain amount of time. Failure to do so could result in a default judgment that is difficult and expensive to reverse.
4. Filing A Counterclaim
When one party wants a divorce on grounds other than alimony or custody, they must file a “counterclaim” with the complaint. The counterclaim is a legal claim that challenges the other spouse’s claim for divorce, such as claiming community property or incompatibility.
5. Filing An Affidavit Of Due Diligence
Affidavits Of Due Diligence are a form that must be filled out and signed by both spouses, verifying that they have not seen or communicated with the other spouse for a specified amount of time, typically six months.
6. Service By Publication
The process of serving a summons and complaint in court is called “service by publication.” The court allows the missing party to be served by publishing the summons and complaint in Nevada Legal News. In this method, the missing spouse’s former employers, friends, and neighbors are all notified of the divorce proceedings. Once a person is located, he or she is able to file an Answer in the case and the Court may approve the divorce.
7. Hearings
Once the parties are ready to proceed with their divorce, they must set up a hearing through the court. This hearing is known as a settlement conference and is usually scheduled for a half day. At this hearing, the parties can present evidence and witnesses to make their case. The court will then make a decision on all issues at this time.
8. Final Hearing
During the final hearing, the court will determine issues like child custody and support. It also will decide how to divide property, assets and debts.
9. Decree of Divorce
After the parties have settled all contested issues, they can file a Decree of Divorce. This must be signed by the judge and must contain all of the final divorce agreements.