Nevada Divorce Steps

Divorce Papers > Divorce Steps > Nevada Divorce Steps

Divorce is a legal procedure where norms of family law have to be followed till the end result. It is very essential to know about the rules and regulations of divorce laws in a specific state, as every state has different provisions for dissolution of marriage. Residency requirement is one such important need that has to fulfilled before making an application of divorce in the court. In the state of Nevada, such residency condition is of six weeks. That is a person has to be a resident of this state for at least one and half months before filing a petition. The county court of divorce can be the one where partners reside or the one where the cause for divorce appeared. Here, is a detailed information about a procedure for divorce in Nevada.

Nevada Divorce Steps from filing of the Complaint to filing of Reply:

• The Plaintiff files a Complaint for divorce in which the Plaintiff mentions what he or she desires from the divorce

• The court clerk issues a Summons

• The court clerk issues a JPI (Joint Preliminary Injunction). This JPI restricts either party from the following:
  • Depletion of community assets
  • Incurring debts on behalf of the community

• The Plaintiff must have a person who is non-party to personally serve the Complaint, the Summons and the JPI to the Defendant. Such a personal service is not compulsory if the Defendant has acceded to sign an Acceptance of Service. When the first service has been done personally, the remaining service must be done by regular, first class mail

• After completion of the Service, the Plaintiff must file an Affidavit of Service with the court clerk

• The Plaintiff must file an affidavit of residence. In this, some person should attest the following:
  • The Plaintiff is a resident of this state
  • This person has seen the Plaintiff in this state minimum 4 times per week and 6 weeks prior to filing of the Complaint

• The Defendant files an Answer and Counterclaim. Through these documents, the Defendant mentions what he or she expects from the divorce

• The Plaintiff files a "Reply to Defendant's Counterclaim". The Plaintiff agrees to or refuses the requests of the Defendant. If both parties agree on terms of divorce, it can be a mutual separation. But, if Plaintiff refuses to agree, the case turns into a contested divorce

Nevada Divorce Steps like ECC and evidential Hearing

• ECC, (Early Case Conference) is meant for discussion of the allegations made in the previously mentioned documents (that is Complaint, Answer, Counterclaim, Reply to Defendant's Counterclaim). Either the partners or their lawyers attend this conference

• A document is drafted that mentions the various issues and indicates, which have been resolved and which are pending. This document is known as JCCR (Joint Case Conference Report). It is filed in the court

• The divorce step after the filing of JCCR is called Discovery. This consists of the following methods:
  • Subpoenas
  • Depositions
  • Requests for Admissions
  • Requests for Production of Documents
  • Interrogatories (Answering questions)

• If the divorcing couple does not have children or the topic of child custody has been resolved, the court schedules a trial date for finding a solution to the economical issues. However, if there are children and the topic of child custody is pending, the court schedules an Evidential Hearing

• The issue of property division is solved in the same way. Nevada is a "community property" state. That means, if partners could not arrive on a conclusion regarding distribution of property, the assets and liabilities are divided equally between them by the court

• Spousal maintenance in Nevada is granted on the basis of comparison between current incomes, job skills and education levels of the partners. Also, the contribution made by a partner as a homemaker is taken into consideration

• At the conclusion of the evidential hearing, the court issues an order that is as per the ruling made by the court. The Judge signs this order and the court clerk files it. Now, the Notice of Entry of Order is needed.

Final Divorce Steps

• At the conclusion of a Trial, the judge signs a Decree of Divorce and the court clerk files it
• A Notice of Entry of Decree of Divorce is essential as the final step
• The divorcing partners are free to file a motion during any divorce step and request the court to issue a particular order. Such motion may be related to any of the issues

Nevada divorce steps are to be followed by every applicant who wishes to have a divorce in this state. Though the details of each case may differ , the basic procedural steps will remain the same in all divorces.

Divorce Papers