Nevada Divorce Timeline: How Long Will It Take in 2024?

Who Can Get Divorced in Nevada?

According to the State Bar of Nevada, to file for divorce in Nevada, a married person must have been a resident and physically present in the state for at least six weeks, with the intention of remaining indefinitely [1].

Indefinitely” means that at the time of filing for divorce, the person filing for divorce has no immediate plans to move out of Nevada. You must also provide a witness who lives in Nevada who can testify in person or sign an affidavit that, based upon his or her personal knowledge, you have lived in Nevada for at least six weeks – State Bar of Nevada Publications Committee 

If child custody is a concern, the child must have lived in Nevada for at least six months before the divorce case is filed.

What are the Grounds for Divorce in Nevada?

According to Forbes, in Nevada, divorce is only granted under three grounds [2]:

1. Living separately for 12 months
2. Incompatibility between spouses
3. Spouse’s insanity for at least two years before filing for divorce

No matter the grounds, if both spouses agree on all issues, the divorce is an uncontested one. In these cases, Nevada allows spouses to file a joint petition for divorce. Sometimes called a “two-signature” divorce, this simple divorce can be finalized and the marriage ended in as little as 10 days after the initial filing. It’s important to understand that you have no right to appeal if you file in this way – Jeffrey Johnson – Forbes

In cases where there is disagreement on any issue, the divorce becomes contested, and the quick timeline for a final divorce decree no longer applies.

How is Community Property Split in Nevada?

According to SCLG, in Nevada, community property refers to property owned equally by both spouses in a marriage [3].

Definition of Community Property
All property acquired by either spouse during the marriage is considered community property, except in cases where:

• A prenuptial agreement or other contract specifies otherwise,
• A court ruling dictates otherwise, or
• The property is classified as separate property belonging to one spouse.

Spousal Rights Regarding Community Property
Both spouses have equal ownership of community property. During the marriage, either spouse can manage, sell, or gift community property, with some limitations:

• Neither spouse can leave more than half of the community property in their will.
• Community property cannot be gifted without the other spouse’s consent.
• Real estate that is community property cannot be sold unless both spouses sign the deed.
• Both spouses must be involved in the purchase of community real estate.

Division of Community Property in Divorce
In a divorce, community property is typically divided equally, as each spouse has an equal interest. Exceptions to equal division may occur if:

• There is a valid prenuptial agreement specifying the division of marital assets,
• The spouses reach a settlement agreement on property division before or during the divorce, or
• The divorce court determines that one spouse has misused or concealed community assets.

How Long Does it Take to Get a Divorce in Nevada When Both Parties Agree?

In instances where both parties reach mutual agreements on all aspects, they typically pursue a joint petition for divorce.

Below are the key areas requiring consensus to proceed with this approach:

• Child custody arrangements
• Visitation schedules for the children
• Determination of any alimony payments
• Division of property and debts

In a joint petition divorce, the attorney represents both parties in a joint capacity, though the parties can each bring their own attorney to the table and still file a joint petition divorce once all the issues have been decided and agreed upon.

For this type of divorce, signatures from both parties are mandatory on both the joint petition for divorce and the decree of divorce. A filing with only one party’s signature is not acceptable.

Typically, the granting of a joint petition divorce in Clark County, Nevada takes one to four weeks, contingent upon various factors such as court workload and the assigned judge’s schedule at the time of case assignment.

How Long Does it Take to Get a Divorce in Nevada When Only One Party Signs?

In the scenario where only one party signs the divorce papers, that party is designated as the Plaintiff. In this situation, the Plaintiff’s attorney files a complaint for divorce, signs the papers on behalf of the Plaintiff, and manages all aspects of the case. The Defendant, on the other hand, is typically represented by a different attorney who files an answer and counterclaim.

How long it takes to get a divorce in Nevada when a complaint is filed depends on how easy or complicated it is to find and serve the Defendant.

Initiating a divorce complaint involves three main steps:

• Filing the complaint for divorce
• Obtaining a summons
• Serving the complaint and summons to the Defendant via a process server

The timeline for obtaining the divorce is influenced by how efficiently and effectively the process server conducts the service.

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FAQs

How long do I have to be a resident of Nevada to file for divorce?

You must be a resident of Nevada for at least six weeks before you can file for divorce. This residency requirement must be met by at least one of the spouses, and you will need to provide proof, such as a Nevada driver’s license or a signed affidavit from a witness who can confirm your residency.

Can I expedite the divorce process in Nevada?

Yes, it is possible to expedite the divorce process in Nevada, especially if both parties agree on all the terms. In such cases, a Joint Petition for Summary Decree of Divorce can be filed, which may allow the divorce to be finalized in as little as one to three weeks, depending on the court’s schedule.

What factors can delay a divorce in Nevada?

Factors that can delay a divorce in Nevada include disputes over property division, child custody, alimony, or other significant issues. Additionally, if one spouse contests the divorce or does not respond to legal documents in a timely manner, the process can be prolonged.

How does a contested divorce affect the timeline in Nevada?

A contested divorce in Nevada can significantly extend the timeline, as it involves additional steps such as discovery, mediation, and possibly a trial. These steps can add several months to a year or more to the process, depending on the complexity of the issues and the court’s schedule.

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References:

1. https://www.nvbar.org/wp-content/uploads/Divorce%20brochure.pdf
2. https://www.forbes.com/advisor/legal/divorce/nevada-divorce/
3. https://www.shouselaw.com/nv/family/divorce/community-property/