In our busy family law office, there are certain questions that, regardless of their situation, ALL clients ask us during their first conversation with us. Here are the 5 Most Asked Questions About Filing a Divorce or Annulment in Nevada – questions we hear every day. And, more importantly, the answers.
1. Am I eligible to file in Nevada?
Divorce: To be eligible to file a divorce in Nevada, you must have lived in Nevada for a minimum of six weeks before filing. The court will require proof of your residency in the form of an affidavit by another Nevada resident. This affidavit will state that you have lived in Nevada for a minimum of six weeks before filing your divorce action and that you have the intent to remain in Nevada.
Annulment: If you were married in Nevada, there is no residency requirement for filing an annulment here. If you were married outside Nevada, the same residency rule for filing a divorce applies to an annulment.
2. I’ve never done this before. What kind of divorce (annulment) do I need to file?
In a divorce, if your spouse and you agree on all the issues, and your spouse is willing to sign divorce papers, you’ll want to file a Joint Petition Divorce. If your spouse does not agree to sign the papers, you’ll want to file a Complaint for Divorce (which requires only your signature to file). Click here to read the procedure to follow in detail if your spouse won’t sign divorce papers.
For an annulment, when both parties sign, the annulment case is either filed as a Joint Petition for Annulment or as a Complaint/Answer. Which of these you can file depends on the valid reason for your annulment (we can help with that). When only one party signs, a Complaint for Annulment is filed followed by process service. Click here for details on filing an annulment when your spouse won’t sign the papers.
3. What if I can’t find my spouse?
For either an annulment or a divorce, we file your case, get a Summons issued and then procedure requires us to do what’s called a “skip-trace” based on your spouse’s last-known address in an attempt to find him or her. If the process server is able to find your spouse based on the skip-trace search, the process server will attempt to serve the Complaint for Divorce and the Summons on your spouse.
If the process server is unable to find your spouse, he or she will provide us with an Affidavit of Due Diligence, which must be filed before the judge will sign an Order to Publish. The Summons will be published once a week for five weeks as per court requirement.
In both above instances, the Defendant has 21 days to file an Answer and Counterclaim at court after he or she has been served, either personally, or through the process of publication. If, after being served, the Defendant does not respond by filing an Answer and Counterclaim, a Default will be requested and once granted, the final decree submitted for the judge’s signature.
4. How much does it cost?
- If both parties sign the divorce documents, the attorney fee ranges from $350-$425 (plus court costs).
- If only one of the parties to the divorce signs the documents, the attorney fee is $650, provided the Defendant does not contest the divorce (plus court costs). If only one party signs, the other party will have to be served with the Complaint and Summons; the cost of the process server varies.
- If both parties sign, the attorney fee is $499, plus court costs.
- If only one party signs, the attorney fee is $799. Court costs and process service costs are separate.
We add up the attorney fee and the court costs and divide the total into two equal payments. The process server fees are collected approximately 10 days after filing, right after the Summons has been issued by the Court.
5. How long will my divorce or annulment take?
Whether it’s a divorce or annulment, if both parties sign the papers, it takes 1-2 weeks, at the most 3 weeks (if the court is very busy) for the judge to sign the final decree of divorce or final decree of annulment, after which the decree is filed with the court clerk, the last required step to finalize your divorce or annulment.
If your spouse did not sign the documents, it will take approximately 6-10 weeks to finalize your case if your spouse can be served personally, and approximately 16-20 weeks (sometimes longer) if publication must take place.
We hope we’ve answered these 5 most asked questions about filing a divorce or annulment in Nevada in a way you understand. If not, feel free to contact us for clarification.
Conexa Nevada Divorce provides attorney representation at paralegal prices and we are happy to answer any of your questions, whether it’s about filing divorce papers in Las Vegas, Nevada or getting an annulment in Las Vegas, Nevada or both.
Author: Attorney James E. Smith — http://nevadadivorce.org/about_nevada_divorce.htm