How Long Does a Divorce in Nevada Take?
When you and your spouse decide that your marriage is not working, your final option is a divorce.
Once you have reached this point, both parties want to make the process as speedy and painless as possible.
How long does a divorce in Nevada take? There are several factors to consider in the divorce process.
One factor that will help is to have an experienced Las Vegas divorce attorney. With them by your side, this process can go by fast and easily.
So How Long Does a Divorce Take in Nevada?
Many factors can affect how fast an uncontested divorce will take to resolve.
Factors include:
- whether the case is contested or not
- if there are children involved
- the complexity of the marital estate
- and the court’s caseload
One party must live in Nevada for at least six weeks to petition for divorce.
Nevada is a “no-fault divorce” state.
Grounds for divorce include:
- that the couple is incompatible
- lived apart for at least one year
- or one spouse gets declared insane at least two years before the filing.
Joint Petition/Uncontested Divorce
Joint petition divorces are the quickest and most accessible form of divorce. These agreements occur when both parties agree on the terms of the separation.
The terms can include:
- legal child custody
- division of assets
- child support
- and alimony payments
A joint petition summary divorce takes one-to-three weeks to complete after filing. If a couple has a prenuptial agreement, the process can go much faster.
An uncontested formal divorce, in which going before a judge is still needed, can take six weeks.
An uncontested divorce by publication can take up to four months.
Contested Divorce
If two people can’t decide how to get divorced, it’s like a lawsuit. One person says what they want, and the other has to agree or disagree.
This kind of divorce can take a long time – sometimes months or even years! But it doesn’t have to if there is a prenuptial agreement, which is a plan for divorcing made before getting married.
It will take at least four months, but it will take longer if someone argues about the plan. There is a waiting period before any of this can happen.
Don’t Go it Alone
One factor that can help ease the stress and speed up the process of a divorce is a seasoned Las Vegas divorce lawyer. Whether you seek a joint filing or a contested divorce, you need someone you know to be on your side.
Divorce is already a complicated process. Knowing the time frame you are looking at will help you move on with your life.
Frequently Asked Questions
How long does a divorce in Nevada take?
How long a divorce in Nevada takes depends on several factors, including whether it is contested or uncontested if children are involved, the complexity of marital assets, and the court’s caseload. An uncontested joint petition divorce can take 1-3 weeks, while a contested divorce can take months or even years.
What are the grounds for divorce in Nevada?
Nevada is a no-fault divorce state. Grounds for divorce include incompatibility, living apart for at least one year, or having a spouse declared insane at least two years before filing.
What is an uncontested divorce?
An uncontested divorce is when both spouses agree on the divorce terms, including child custody, asset division, child support, and alimony. An uncontested joint petition divorce is the quickest type of divorce.
How long does an uncontested divorce take in Nevada?
An uncontested joint petition divorce takes 1-3 weeks after filing. An uncontested formal divorce with court approval takes around six weeks. An uncontested divorce by publication can take up to 4 months.
What is a contested divorce?
A contested divorce is when spouses disagree on the terms of the divorce. It is like a lawsuit, with one spouse stating their desires and the other agreeing or disagreeing. Contested divorces can take several months or years to resolve.
Do I need a lawyer for a divorce in Nevada?
Having an experienced divorce attorney can help ease the stress and expedite the process, whether filing a joint or contested divorce. A lawyer ensures you understand the proceedings and protects your rights.
What if my spouse won’t sign divorce papers?
If your spouse refuses to sign divorce papers, you may need to file for a contested divorce. Your lawyer can advise you on options like serving your spouse by publication.
How do I choose a divorce lawyer in Nevada?
When choosing a divorce lawyer, look for experience in family law and negotiating divorce settlements. Consider reputation, expertise, communication style, and whether you feel comfortable trusting them. Interview a few lawyers before deciding.
What happens after filing for divorce in Nevada?
After filing, you must exchange financial information and assets disclosures. If you have minor children, you and your spouse must attend a mandatory divorce education class. If needed, the court will set hearing dates and issue temporary orders for support and custody.
How is property divided in a Nevada divorce?
Nevada is a community property state, so marital property is divided equitably between spouses. Separate property owned before marriage or received as a gift or inheritance is exempt. Debt is also equitably divided.
Can I get alimony in a Nevada divorce?
Nevada allows for temporary and permanent alimony, called spousal support. The court determines the amount and duration based on factors like length of marriage, financial need, and earning ability of each spouse.
How is child custody determined in Nevada?
Child custody is decided based on the child’s best interests. Courts prefer joint legal and physical custody. Factors like parenting roles, children’s wishes, and maintaining school and relationships are considered.
Glossary
Contested divorce – A divorce where spouses disagree on the terms and must litigate issues like asset division, support, and custody.
Uncontested divorce – A divorce where spouses mutually agree on the terms of the divorce.
Joint petition divorce – An uncontested divorce where both spouses file the initial divorce petition together.
No-fault divorce – A divorce granted without requiring proof that one spouse committed misconduct. Nevada has no-fault divorce.
Community property – Property acquired during the marriage jointly owned by both spouses. Divided equitably in divorce.
Separate property – Property owned by one spouse before the marriage or acquired by gift or inheritance during.
Alimony/spousal support – Money paid by one ex-spouse to the other for financial support after divorce. Amount and duration vary.
Child custody – Determining which parent(s) a child lives with and who makes major decisions. Nevada prefers joint custody.
Child support – Money paid by the non-custodial parent to the custodial parent for the child’s expenses.
Equitable division – Dividing marital property and debt somewhat between spouses based on factors determined by state law.
Mandatory divorce education – A class divorcing parents in Nevada must take together to minimize divorce’s impact on children.
Service by publication – Serving divorce papers to a spouse by publishing a legal notice when their whereabouts are unknown.
Temporary orders – Court orders for child custody, support, alimony, etc., that are in effect while the divorce is pending.
More Resources for You
Don’t forget to explore these additional posts that can provide valuable information and guidance:
- “Nevada Divorce: Get the Facts“
- “Las Vegas Divorce Attorney“
- “What to Ask a Divorce Lawyer?“
- “How to Plan for Divorce in Las Vegas“
- “What is the Difference Between No-fault and At-fault Divorce?“
- “What Happens If You Don’t Sign Your Divorce Papers?“
- “What is a Collaborative Divorce?“
- “Do I Need an Attorney to Get a Divorce in Nevada?“
- “How to Fight a Divorce in Nevada“
- “How to Choose a Divorce Attorney in Nevada“
These posts cover various aspects of divorce proceedings, legal considerations, and practical tips.
They can help you better understand the divorce process, make informed decisions, and navigate potential challenges.
Take the time to read these posts to gain insights and ensure you have the necessary knowledge for a successful divorce experience.
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A Special Message from Our Lead Attorney
Molly Rosenblum, Esq
Thank you for taking the time to read through these divorce resources.
I hope you found them informative and helpful in understanding the process here in Nevada.
Going through a divorce can be an overwhelming and emotional time.
Correct information is vital to making the best decisions for your future.
My knowledgeable team and I are here to guide you through this process every step of the way.
Don’t hesitate to call my team and me at (702) 433-2889 so we can get started on your case.
I look forward to hearing from you soon.
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