We know that divorce is a difficult and painful process for a lot of couples in Nevada, and we want to help make your divorce go as smoothly and easily as possible. So, let us answer a few of the common divorce questions that we receive so that you can be better prepared for what is ahead, and what to expect.
- What is an uncontested divorce?
An uncontested divorce is a divorce in which both spouses agree on the terms of their divorce. This includes child custody, child support, property distribution, and spousal support. An uncontested divorce can save each spouse time and money, as it accelerates the court procedures.
- What is a contested divorce?
A contested divorce, on the other hand, is when one spouse wishes for a divorce, and the other does not, or when the couple cannot agree on the terms of their divorce. In this instance, one spouse will obtain a Complaint for a Divorce Packet, as well as a financial disclosure form. In the Complaint for a Divorce packet, the spouse filing for divorce will list the terms that he/she wants for the divorce. These terms will include: child custody, child support, alimony, property division, as well as the division of any debts the separating couple may hold. In Nevada, it is required that you have been living in Nevada for the six weeks prior to filing for divorce. This requirement means that you will need a third party to sign an Affidavit of Resident Witness to confirm that you have resided in Nevada for at least the 6 weeks prior to filing. Next, your spouse will be served, and given twenty days to either agree to the terms of divorce or counterclaim. If an agreement is not reached between the couples, mediation or a court hearing will occur.
- What is a no-fault divorce?
Nevada is a no-fault divorce state, which means that a spouse cannot accuse their spouse of being at fault for the divorce. This means that a spouse cannot blame the divorce on adultery, mental or physical abuse, or on substance abuse of any kind.
- How much does a divorce cost?
There is no way to calculate the cost of a divorce in advance, as each couple’s divorce is different. The cost of a divorce will depend on whether the divorce is contested, uncontested, and whether or not mediation or a trial will be required.
- How long does it take to get divorced in Nevada?
For an uncontested divorce, it generally takes 3-4 days after the divorce papers are filed with the court. For a contested divorce, it can take anywhere from 6 weeks to 3 or more months, depending on counterclaims, mediation, or the need for court involvement.
- Can I change my name at the time of the divorce?
Yes, a name change is actually included in the divorce paperwork at no additional charge.
- Will I be required to take parenting classes to be granted a divorce?
The state of Nevada does not have any uniform requirements for separating parents to take parenting classes, however certain counties do require that parents take a course. For instance, Clark County Court typically requires separating parents to take a “COPE” (Counseling Options and Parent Education) Course. There are several providers throughout Clark County offering this course, and courses typically cost between $30 and $40. Meanwhile, there are other jurisdictions such as Nye County, which do not require parents to take any classes.
- How much will I have to pay in child support?
In the state of Nevada, child custody is calculated by taking a percentage of the non-custodial parent’s monthly gross income, and depends on the number of children involved in the divorce. For one child it is 18%, for two it is 25%, for three it is 29%, and for 4 it is 31%. For any additional children, add 2% to the 31%. Generally, the court requires that the minimum monthly child support be no less than $100.
- How much will I get or have to pay in alimony?
Alimony differs from child support in that Nevada does not have any statutory guidelines for how much per month a spouse will receive or be required to pay.
We understand that there are many questions that can arise during the divorce process and we are ready to answer all of your questions to make your divorce process as stress-free as possible.