Nevada Child Custody FAQ
Nevada Child Support FAQ
Nevada Alimony/Spousal Support FAQ
Nevada Property Division FAQ


How long do you have to live in Nevada to get a divorce?
Either the plaintiff or defendant must be a resident of Nevada for at least 6 weeks before filing the divorce papers, unless the cause of the divorce happened in the county while they were actually domiciled there.

What causes are allowed for a divorce in Nevada?
Nevada has no fault, "irreconcilable differences" divorce grounds based on either
(1) incompatibility; or
(2) living separate and apart without cohabitation for 1 year.
You can also apply for a divorce based on insanity, if the insanity existed for at least 2 years before filing for the divorce.

How is community property divided?
Nevada divorce laws bypass the mandatory 50/50 split of community property.

How long does it take after you file the divorce petition for the divorce to be final?
After you file the divorce petition, there is no waiting period in Nevada before you can get a divorce. Most paperwork is reviewed, and your divorce granted if the paperwork is complete, within 1-2 weeks.

Where do you file for Divorce in Nevada?
The divorce may be filed in the county:
(a) Where the cause for divorce occurred;
(b) Where the defendant resides or may be found;
(c) Where the plaintiff resides; or
(d) Where the parties last cohabited.

If you have children what happens?
If you have children together, you will also need to attend a parenting seminar, or else get a waiver from the court.

What are the steps taken in a contested divorce?
A complaint is filed, and the other party has 20 days to respond with an answer to the complaint.
An early case conference is held, which is a meeting where the parties agree to the main case deadlines.
The attorneys file a joint case conference report in the Nevada Family Law Court.
The discovery process starts. Which depending on the complexity of the case could take several months to complete.
If children are involved, a child custody evaluation may take place, where a recommendation is given to the court.
Established at this time are temporary orders for child custody, child support, child visitation, alimony/spousal support, attorney's fees and possession of marital residence.
When an agreement is reached on all of the issues of the divorce, the matter is resolved and a decree will be entered by the Nevada family law court, stating the agreement of the parties.
If all negotiation fails, the case will proceed to trial at which the parties and their witness will offer testimony and exhibits. The judge at the conclusion of the trial will render a decision.

What steps and documents are needed for a contested divorce in Nevada?
The Complaint
This is the first of the pleadings and sets forth in some detail the basis and framework of the action. The grounds (causes of action) for the divorce will be set forth in the Complaint as well as the relief requested which may include equitable distributions, maintenance, child custody, child support, insurance, etc.

The Answer
The defendant has 20 days after service to serve an Answer. The defendant may admit or deny specific portions of the Complaint and/or may serve a counterclaim, which is simply a responsive complaint on the part of the defendant. In some cases, the defendant’s attorney may move before the court to dismiss the Complaint on the basis of a procedural problem or insufficient pleadings or a number of other issues.

Discovery
Each party must provide a sworn Net Worth Statement, which spells out all of the financial information pertaining to assets and living expenses. As part of this financial exchange, the parties are required to provide copies of tax returns, pension plans, life insurance policies, pay stubs and other financial information. These documents should be exchanged by the parties ten days prior to the Preliminary Conference.

Interrogatories
Written questions to the other party requesting answers to financial issues. They must be answered in writing and under oath.

Pretrial Conference
The court holds a conference to ascertain that all appropriate discovery steps have been undertaken and that the case is actually ready to proceed to trial. At the pretrial conference the court will usually attempt to settle the case.

Trial
If all negotiation fails, the case will proceed to trial at which the parties and their witness will offer testimony and exhibits. The judge at the conclusion of the trial will render a decision.

When you are going though a divorce you need an experienced, aggressive attorney that is capable of going into court and fighting for your rights. At McFarling Benson, our Las Vegas divorce lawyers, have a wealth of experience in family law matters to protect you.