What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- Nevada Divorce Records
- What Are the Residency Requirements for Divorce in Nevada?
- What Are the Grounds for Divorce in Nevada?
- How Much Does It Cost to File for Divorce in Nevada?
- How Long Is the Waiting Period for Divorce in Nevada?
- How To File for Divorce in Nevada?
- Are Divorce Records Public in Nevada?
- How To Get Certified Copies of a Divorce Decree in Nevada?
- Divorce Settlement: Is Nevada a 50/50 State?
- FAQs About the Divorce Process in Nevada
Nevada Divorce Records
Nevada has consistently had one of the highest divorce rates in the United States. According to recent data from the National Vital Statistics System, the divorce rate in Nevada was the highest in the nation in 1990, 2000, and 2010 with 11.4, 9.9, and 5.9 divorces per 1,000 residents. However, the divorce rate has seen a gradual decline over the past decade, reflecting national trends toward fewer marriages and divorces. Still, Nevada ranked highest for divorces in the nation in 2022, with 4.2 divorces per 1,000 residents.
Nevada divorce records fall into three main categories:
- Divorce Decrees: A divorce decree is a final judgment issued by the court, including details about child custody, spousal support, property division, and any other court-ordered arrangements. It is kept by the clerk of the district court where the divorce was finalized.
- Divorce Certificates: This is a summary of the divorce, including the names of the parties, the date of the divorce, and the location where it was finalized. It is maintained by the Nevada Office of Vital Statistics.
- Divorce Case Files: These are comprehensive details of the case, including petitions, motions, evidence, and transcripts of court proceedings. It is maintained by the clerk of the district court in the county where the divorce was filed.
What Are the Residency Requirements for Divorce in Nevada?
Per NRS § 125.020, either of the parties in a divorce must have resided in Nevada for at least six weeks immediately preceding the divorce filing date. A divorce petition may be filed in the county where either party resides, the non-filing party resides or may be found, either party last lived together, or the county where the cause of the divorce happened even if neither spouse ever lived in Nevada.
What Are the Grounds for Divorce in Nevada?
According to NRS § 125.010, acceptable grounds for divorce in Nevada include the following:
- Either spouse lives separate and apart for one year with cohabitation
- The spouses are incompatible or cannot get along
- One spouse experienced insanity for two years before filing for divorce. In this case, there must be supporting evidence of the spouse's insanity
How Much Does It Cost to File for Divorce in Nevada?
The cost of finalizing a divorce in Nevada varies depending on several factors such as whether the divorce is contested or not, custody issues (if children are involved), how complex the financial assets of the parties are, and whether a party needs to locate a missing spouse.
Still, it costs between $250 and $300 to file a petition for divorce in Nevada counties. However, if you are filing a complaint for divorce without the cooperation of your spouse, the fee ranges between $300 and $400. After divorce proceedings, the average cost of divorce is typically between $12,000 and $15,000 for uncontested divorces, while the average cost of contested divorces may exceed $20,000. In the United States, the national average cost for a divorce is estimated at between $15,000 and $20,000.
The cost of divorce in Nevada is comparable to Arizona's but lower than California's. In the neighboring states, the median cost for divorce is between $17,500 and $25,000 and $12,500 and $18,000 for California and Arizona, respectively.
How Long Is the Waiting Period for Divorce in Nevada?
Nevada does not have a formal waiting period or "cooling off" period before a divorce can be finalized. No separation period is also mandated for divorcing couples. Once the divorce petition is filed and all required paperwork is completed, the timeline for finalization depends on whether the divorce is contested or uncontested.
Note that a waiting period is the timeline required for couples to wait after filing their petition, during which the court cannot finalize proceedings. On the other hand, a separation period is the time required for spouses to live separately and apart before filing or finalizing their divorce. Note that spouses living separate and apart for more than one year are one (but not the only) of Nevada's acceptable grounds for divorce.
How To File for Divorce in Nevada?
Upon identifying acceptable grounds for divorce, and verifying that you meet the state's residency requirement, you may file for divorce in the following way:
- Prepare the Required Documents: To initiate the divorce process in Nevada, a Complaint for Divorce must be completed and filed with the district court in the appropriate county. For uncontested divorces, both parties may file a Joint Petition for Divorce. Additional forms may be required, such as a Child Custody Affidavit for cases involving children or Financial Disclosure Forms outlining the assets, debts, and income of the spouses.
- File the Divorce Papers: File the completed forms with the clerk of court in the county where either spouse resides. Here, the filing spouse will also pay the appropriate filing fee. If a party cannot afford the filing fee, they may apply for a fee waiver.
- Serve Divorce Papers to Your Spouse: Once the papers are filed, they must be officially served to the other spouse.
- Respond or Default: After being served, the spouse has 20 days to file a response. If no response is filed, the court may issue a default judgment, granting the filing party the terms outlined in the petition. A response may agree to or dispute the terms of the divorce, leading to further negotiations or court involvement.
- Attend Hearings or Mediation (Contested Divorce): In contested divorces, unresolved disputes may require mediation, where a neutral third party helps the couple reach an agreement. If mediation fails, the case proceeds to court hearings, where a judge will make decisions on contentious issues such as child custody, spousal support, or property division.
- Finalize the Divorce: For uncontested divorces, the court typically reviews the Joint Petition and issues a Decree of Divorce without the need for a hearing. In contested cases, the judge will resolve all disputes before issuing the decree. Once the decree is signed, the divorce becomes official, legally dissolving the marriage.
The Nevada courts website provides further information on filing for divorce in the state.
Are Divorce Records Public in Nevada?
Divorce records in Nevada are generally public, making them accessible to third parties under the state's open records laws. However, certain portions of divorce records may be restricted or sealed if they contain sensitive information or if a judge determines that access would violate the privacy rights of the parties involved.
How To Get Certified Copies of a Divorce Decree in Nevada?
You may obtain a divorce decree from the office of the clerk of the district court that handled the specific divorce case. Once you determine the district court where the case was finalized, you may call or visit the office of the clerk or check their website to find the preferred methods of receiving requests.
If the office of the clerk does not provide for online requests, you may visit the address of the office to submit a request. You will be required to pay a copy fee and provide information that will be used to find the requested record.
Divorce Settlement: Is Nevada a 50/50 State?
Nevada follows community property laws per divorce matters and is therefore considered a 50/50 state. Hence, marital property and debts acquired in the marriage are usually divided equally (50/50) between spouses during a divorce.
Examples of property that may be divided in this way include real estate, vehicles, and savings. However, gifts, inheritances, and property owned by a spouse before the marriage is typically considered separate property and not subject to division, unless where it has been merged with marital assets.
In other states where equitable distribution guidelines are followed, marital property and debts are shared in a fair and equitable manner following the consideration of several factors such as the length of marriage, earning capacities of the spouses, and the contributions of each spouse to the marriage.
FAQs About the Divorce Process in Nevada
Here are answers to frequently asked questions about the divorce process in Nevada.
How Do I Modify a Divorce Decree in Nevada?
To pursue a modification of a divorce decree in Nevada, the original case must be reopened by filing a formal motion for modification with the court. While modifications are permitted to some of the orders issued in a divorce decree, Nevada family courts require compelling evidence to support the proposed changes. The requesting party must demonstrate that there has been a substantial change in circumstances since the issuance of the original decree and that these changes have either impaired their ability to fulfill post-divorce obligations or necessitated adjustments to the decree's terms. Examples of eligible significant changes include:
- The sale of real estate
- Changes in spousal support
- Circumstances affecting the welfare of the child
- A significant increase or reduction in income
- The liquidation of assets
How Do I Enforce a Divorce Decree in Nevada?
If your ex-spouse fails to comply with the orders of the final divorce decree, you may file a motion for contempt with the family court. In the motion, you must explain clearly, what terms were violated and the actions or non-actions taken by the ex-spouse that meant the violation. After filing the motion with the court, the court will give you a hearing date.
Upon considering all evidence presented by both parties, the court will determine whether a violation has occurred. If a violation is confirmed, the court may impose penalties, such as fines, and jail time, or grant the ex-spouse an opportunity to remedy the issue within a specified timeframe.
What Are the Restrictions to a Divorce Decree in Nevada?
Sections 125C.0045, 125B.145, and 125.150 of the Nevada Revised Statutes provide for the modification of child custody, child support, and spousal support arrangements in a final divorce decree. However, such modifications may only be justified by the court when there are substantial changes in circumstances.
However, once Nevada courts set out property and debt division orders in the final divorce decree, it is not typically modifiable. However, there are unique cases relating to fraud where property and debt division decrees may be modified. For instance, if after divorce, a party in the divorce finds evidence that the other party had hidden assets not disclosed in the original divorce decree, the first party may petition the court to modify the property division orders in the divorce decree.
Can I Efile My Divorce in Nevada?
Yes, you may e-file your divorce paper in Nevada. However, e-filing is optional and not mandatory. The state's eFileNV portal allows both attorneys and pro se litigants to file divorce papers.
How Do You Serve Divorce Papers in Nevada?
Divorce papers in Nevada must be served by a "disinterested person," that is, someone who is not involved in the case, has no interest in its outcome, and is at least 18 years old. Family members and significant others are not allowed to serve the documents. A neutral individual, sheriff, constable, or private process server may serve the papers for a fee.
Note that if your spouse agrees to waive formal service, Nevada law allows you to deliver the divorce papers directly, along with a notice, and waiver for the defendant to sign.
Does Nevada Mandate Couples to Participate in Divorce Mediation or Counselling?
Mediation is not mandatory in all Nevada divorce cases. However, courts in the state often order couples to attend mediation in divorce cases involving child custody and visitation. Also, no Nevada law requires couples to undergo counseling before filing for divorce.
How Do I Seal My Divorce Records in Nevada?
Nevada courts may allow divorce records to be sealed under certain circumstances to protect the privacy or safety of the parties involved. To seal divorce records, you must file a motion with the court that handled the divorce.
The court may schedule a hearing to assess the motion and its merits. During the hearing, the judge considers whether the need for privacy outweighs the public's right to access the records. If the judge determines there is sufficient justification, an order will be issued to seal all or part of the divorce records, specifying the extent of the seal and who may access the information.
Once sealed, the records are no longer available to the general public. Access is restricted to authorized individuals, such as the parties involved, their legal representatives, or specific government agencies with court approval.
How Does Nevada Calculate Alimony?
In Nevada, there is no fixed formula or percentage guideline for determining the amount or duration of alimony. Instead, Nevada law grants courts discretion to consider eleven factors when awarding alimony. These factors include the length of the marriage, the financial condition of each spouse, the property owned by and awarded to each spouse, and the relative earning capacities of both parties.
Nevada courts also consider the potential for a spouse to pursue education or training to enhance their earning capacity, whether one spouse has been out of the workforce for an extended period and any other relevant circumstances that may influence the need for or ability to pay alimony.
Alimony may be terminated if the recipient dies and remarries. It may also be modified if there is a substantial change in circumstances, such as a substantial change in the income of either the payer or recipient.
How Do I Access Historic Divorce Records in Nevada?
Divorce records are typically held at the county level in Nevada. However, the Office of Vital Records in the state may search for and verify divorce events happening between 1968 and September 2005. To obtain historic divorce records in Nevada, contact the clerk of the district court where the case was finalized. You may need to complete an application and pay the applicable fees.
