Divorce In Las Vegas Nevada: The Process
Knowing all about the process of divorce in Las Vegas Nevada can help you prepare properly for this event. During divorce proceedings the court will determine the alimony payments as well as the division of property. In case there are any children below 18, the court determines child support as well as child custody.
The Divorce Process in Nevada
Nevada is a No-Fault Divorce State, which means that the spouse seeking divorce doesn’t need to accuse the other spouse of wrongdoing. The couple can simply state that they no longer get along. Nevada also provides two no-fault grounds for divorce i.e. incompatibility and living apart/separately.
The steps involved in divorce proceedings in Las Vegas depends on the specific situation of the individuals involved. It becomes much easier when both party consent to it. If one spouse is blindsided by receiving divorce papers, he/she might do whatever it takes to prolong the process in response.
Steps Involved in Filing for Divorce in Las Vegas Nevada
1. Filing the Petition
The person filing is required to file a Complaint for Divorce and pay the filing fee. The court typically doesn’t answer any legal questions or even offer any assistance with the paperwork. It is why you need a competent divorce lawyer such as Michael J. Warhola.
The only thing you can do on your own if you would like is to start to copy all the important documents related to your income, assets, paycheck stubs, life insurance policies, bank account statements, debts, credit card statements, tax returns, etc.
2. Responding to the Petition
Once the defendant has been served with the petition, he/she will have to file a response within 20 days. The response is a formal answer to the petition given by the defendant. After the response has been filed, the Defendant is referred to as the Respondent. The response indicates that the respondent is willing to take part in divorce proceedings.
In case your spouse has been served but does not respond, then the judge is likely to grant you all that you requested in your complaint. If custody and support disputes are an issue, you can also file an Order to Show Cause. In such a situation, the hearing is held sooner than is typical to allow for restraining, support, or custody orders to be made.
3. Working Out the Terms of the Divorce
Once there’s a response to the petition, you have to work on the child custody, property division, and any child support or alimony payments. If both parties fail to reach an agreement regarding the issues, you have to request the court to set a trial for a judge to decide these issues.
The court will send you a judgement notice once the final forms have been reviewed to notify you of the outcome of the divorce along with any other steps that have to be taken to finalize it. If the divorce is contested by your spouse, you might be required to attend a court hearing.
The judge then looks over and may even make changes to agreements relating to child support, alimony, assets, custody, as well as any other thing that the judge may consider making amendments to.
How Long Does It Take for a Divorce to be Finalized in Nevada?
It will depend on whether your spouse is willing to offer their cooperation on all matters and sign a final Decree. If this is the case, the matter can be completed in less than 30 days from start to finish. If the issue is contested, a hearing will be held before the trial date is set.
A trial date is usually given 4 to 6 months from the first or second hearing, which means that the process can take anywhere between 10 and 12 months before completion depending on the length of the trial needed, preparation of the final decree, other facts, etc.
Contact a Las Vegas Divorce Attorney Today!
Michael J. Warhola is a competent attorney with over 22 years’ experience handling divorce in Las Vegas Nevada and will ensure that the process is as simple as it can be. If you would like to file for divorce or file a response, get in touch with Michael J. Warhola today for your free consultation.