Divorce in Nevada can be a straightforward process, if both parties agree to the dissolution. Nevada grants no-fault divorces, by allowing the plaintiff to allege incompatibility. File your case in district court in the county where you reside. The court provides instructions and a packet with forms for parties that want to handle their case pro se.
Verify that you meet the statutory requirements of Nevada law. While you can qualify for a divorce with the catch-all grounds of incompatibility, you must still satisfy the state's residency requirements. You must be a resident of the state of Nevada for at least six weeks prior to filing suit. If the case involves child custody issues, you must have lived in the state for six months prior to bringing suit.
Draft a complaint seeking divorce. State the allegations that entitle you to the divorce, including the facts that support the statutory grounds, and the residency requirement. Detail each allegation in a numbered paragraph. The complaint must be verified, meaning sworn-to before a notary. Review the sample complaint in the district court's divorce packet.
Prepare a summons using the Washoe County District Court's format. File the summons and the complaint in the district court. Pay the required filing fees.
Hire a process server to serve the summons and the petition on your spouse. The process server will prepare an affidavit of service. File the affidavit of service with the county clerk. If your spouse agrees, he or she may simply sign an affidavit stating that they received the summons and complaint.
Complete the district court's P2 default divorce without children packet, 20 days after you file the affidavit of service. Your case will prevail, if the facts alleged in your petition meet all the statutory requirements. Complete the district court's P3 default Divorce with children packet, if you need it.
This article does not constitute legal advice. Consult with an attorney who practices in Nevada for a full assessment of your rights and responsibilities under Nevada law.
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