“I believe in access to affordable legal help for all and I am dedicated to bringing you the highest-quality Nevada Divorce service possible -- at a price that makes sense to you in the current economy...”
Attorney James E. Smith
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HOW DO I FILE A JOINT PETITION DIVORCE IN LAS VEGAS?
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- In Las Vegas, Nevada, a divorce is often filed in the form of a Joint Petition for Divorce (NRS 125.182) when both parties agree to a divorce. A Joint Petition is the simplest way to file and obtain a divorce in Las Vegas when both parties agree to all terms of the divorce, including child custody, child support, visitation, and property division (if applicable) and when both parties agree to sign the divorce documents.
- Both Husband and Wife must sign the divorce documents, meaning the Joint Petition for Divorce and the Decree of Divorce as per Nevada divorce laws. Once the Joint Petition and Decree have been signed in front of a notary (notary service in included when our firm represents you) the Joint Petition is e-filed from our office and the Decree submitted for the signature of the judge assigned to your case. Once the judge signs the final Decree, it is filed (by us or the judge's clerk) and your divorce becomes final. Another necessary document that must be filed before the judge will sign your Decree is the Resident Witness Affidavit, a sworn affidavit by another Nevada resident.
- The resident of Las Vegas (or of anywhere else in Nevada) in a joint petition divorce must sign the divorce documents in front of a Nevada notary. We provide this service to our clients. The other party may be notarized in front of a notary anywhere else in the world where he or she resides. Most U.S. Consulates around the world offer notary services to both U.S. citizens as well as to anyone who needs to be notarized on American legal documents.
- Your divorce can be obtained in as little as one week (sometimes just a few days) from the time we have all the signed documents in our hands when filing a Joint Petition depending on the judge to whom your case gets assigned, though it can take up to three weeks if the court is extremely busy or the judge to whom your case was assigned is also very busy. The average is about 10 days.
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| how do i file a Complaint for divorce (one signature divorce)?
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- When filing a one-signature divorce, one party acts as Plaintiff (the person who signs the Complaint for Divorce), and serves the other party (we arrange the services of a process server for our clients) who becomes the Defendant.
- In some cases, the Defendant ignores receipt of the Complaint and does nothing, in which case the divorce continues as an uncontested Nevada Divorce matter. If this occurs, a Default is filed with the court on Day 22 after the date of personal service (through a process server) or after the last date of the publication of the Summons, if the Defendant could not be found to be personally served by the process server.
- Once the Default is granted, the Decree of Divorce is submitted for the judge's signature. Once the judge signs the Decree of Divorce, and the clerk files it, your divorce in Las Vegas becomes final.
- If your divorce proceeds as above, it is still considered an uncontested divorce as per Las Vegas divorce laws.
- If the Defendant files an Answer denying the allegations in the Complaint for Divorce, the divorce is now considered contested (see When is a Nevada Divorce contested? in the sidebar to the right for details). If your divorce is contested, a court hearing becomes necessary. If this occurs, we recommend that you hire a competent and experienced lawyer who practices Nevada family law in order to protect your rights. Mr. Smith is available to continue as your attorney of record on your contested Nevada divorce.
- Once your spouse has been properly served either in person or by publication, a Default is submitted to the court on Day 22 after the date of service or last date of publication. Once the Default is granted, your Decree of Divorce can be submitted for your judge's signature on the Nevada Decree of Divorce. Once the Decree is filed by the court clerk, your Nevada divorce is final.
can't locate your spouse?
If you cannot locate your spouse, you may still obtain a divorce through a default process whereby the Defendant
(your spouse) is "served by publication." This involves attempted service on your spouse by a process server, at
your spouse's last-known address. If the process server was unable to serve the Complaint for Divorce and
Summons to your spouse, publication of the Summons in a newspaper, once a week for five weeks, will follow.
This is considered proper service.
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When is a Nevada
Divorce contested?
Even when the Defendant does not sign the divorce papers, it does not necessarily mean that the divorce is contested.
If a Defendant does nothing after being served with divorce papers the Nevada divorce is still considered to be uncontested.
A divorce becomes contested ONLY when Defendant files an Answer (either through an attorney or in Proper Person) stating that Defendant contests the divorce.
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nevada divorce resident witness
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- At least one of the parties in a divorce filed in Las Vegas must have resided in Nevada for a minimum of six-weeks just prior to the filing of either a Joint Petition or a Divorce Complaint as per Nevada Revised Statute (NRS 125.020).
- The Court requires proof of your residency in the form of a Resident Witness Affidavit. If you live in Las Vegas, the individual who signs this sworn Affidavit in front of a notary must be another Las Vegas resident who knows you to have lived in Las Vegas for a minimum of six weeks before the date your divorce was filed.
- See Nevada Divorce Residency for more details
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MEDIATION BEFORE FILING a divorce in las vegas
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- Have you been in a long-term marriage, and, or, have a lot of assets, and wonder how to divide your property as a part of your divorce?
- Do you have a lot of debt and feel unsure as to how it should be divided?
- Do you wonder what is appropriate, proper and customary regarding child physical custody, visitation, and child support issues before you file your divorce?
If any of the above questions have come to your mind, consider divorce mediation before filing your uncontested divorce. It greatly simplifies your decision-making process and reassures you that you are making the right decisions when filing your Las Vegas divorce.
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What a real client said about us - patient, accommodating, helpful
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Hi Good Day, I would like to thank you for doing all your best to make things possible to get my divorce done,and I really appreciate your patience everytime I call and check the status of it. One of your Law secretary was really accommodating and helpful all throughout until this day of finalizing the documents. I'm so excited and happy. Again Thank you so much and Have a nice Day. I will assure you I will recommend your office to all my friends and relatives.
D.M.U. Las Vegas, Nevada
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