The decision to get divorced can be stressful, but the actual divorce process in Nevada is fairly straightforward. It can be particularly easy if you are seeking an uncontested divorce, where you and your spouse agree about issues like the need to get divorced, how you will divide up your property and what you will do with your children (if you have children). In this case, you may be able to complete your divorce without an attorney. However, if you meet the requirements for a divorce in the state, you simply need to fill out the appropriate divorce papers in Nevada and submit them to your county court to start the process.
If you and your spouse are not in agreement about the important issues, you may want to consider seeking a mediated divorce option. If you feel that your situation is complicated and requires legal assistance you may want to hire a divorce lawyer.
The following information is here to help you better understand divorce in the state of Nevada, and how you can begin to pursue your own divorce.
The Centers for Disease Control (CDC) has collected data on divorce from a large number of states, including Nevada. According to the CDC, the 2011 divorce rate in Nevada was 5.6 for every 1,000 residents. Nevada has the highest divorce rate of any state on the CDC's list. However, the rate has dropped considerably from 1990, when it was 11.4 for every 1,000 residents.
Nevada is a state that only allows “no-fault” divorces. No-fault divorce has become the most popular kind of divorce in the country, as it allows couples to end their marriages without placing blame on a single spouse. A no-fault divorce also eliminates the need to discuss potentially embarrassing details about a marriage with the court. To get a no-fault divorce, you only need to state that the marriage cannot be repaired, it is “irretrievably broken”.
Nevada has a relaxed residency policy for divorce, only requiring you or your spouse to have been living there for six weeks before you can file for divorce. When you file, you have the option of filing in your county, your spouse's county or the county where you both lived while married.
The exact divorce papers you complete to end your marriage in Nevada will vary based on your individual circumstances. If you are in the fortunate position that you and your spouse are in agreement about everything concerning the divorce, you can file a “Joint Petition”. This is the fastest route to divorce in Nevada. If you are not in agreement, you will need to file a regular “Complaint for Divorce”.
There are several forms that come with a joint petition, including a “Decree of Divorce”, an “Affidavit of Resident Witness”, a “Certificate of Service or Waiver” and a “Child Welfare and Identification Sheet” if you have minor-aged children.
Keep in mind that you should wait to sign any forms, statements or affidavits until you are in the presence of a notary public. The court will only accept notarized documentation. Many courts offer a notary service when you file, but it is best to check ahead of time before you arrive.
The Nevada Courts offer a Family Law Self-Help Center where you can read about divorce and find various divorce papers for the state. It is advisable that you read through all the sections of this site, as it will help you understand what you are going to go through with your divorce. When you represent yourself, you want to be as well-informed as possible about divorce as you move forward.
If you find yourself confused while trying to determine what forms to complete and what all the various legal terms mean, you are not alone. To avoid confusion and costly delays, many people choose to get their Nevada divorce papers online from CompleteCase.com. Our divorce form preparation service helps you find appropriate divorce forms for your circumstances, and ensures that those documents are completed correctly the first time.
After you have completed the divorce papers required in Nevada documents, it is time to take them to your local county clerk to file. You should the clerk before you leave to verify that you have all the required paperwork, and that you bring an accepted method of payment for the state filing fee. Usually courts will only accept cash or money order. You may be able to get the filing fee waived if you complete a waiver.
When the filing fee is considered paid and documents are submitted, the county clerk will stamp and give you stamped copies to serve to your spouse.
Nevada requires you to serve divorce papers to your spouse as soon as you have filed with the court. However, if you and your spouse filed jointly, you can skip this step. If you did not file jointly, you can serve your spouse by sheriff's deputy, private process server or by mail. The sheriff and the private process server will charge a fee to serve the divorce papers. The sheriff is usually less expensive, but he or she will often only attempt the service once for the fee you pay. The private process server will often try several times to serve the papers. If you choose to send the papers by mail, you will need to use certified mail to get a receipt that the papers were received by your spouse.
When the divorce papers have been served and you have filed proof of this service, the court will move forward on the divorce. If you and spouse agree on the divorce, you can get the divorce in as little as 20 days. If there are still issues to work out, it will take longer.
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By Deborah Sharp, USA TODAY
Couples can find a mate, fill out a bridal registry and plan a honeymoon on the computer. Now they can also divorce online.
A Web site started last year by a Seattle attorney gives the unhappily wed in Washington, California, Florida and New York the option of dissolving their marriages online. Texas is next, and several other states are being considered.
The site is the latest twist in a do-it-yourself trend. Changing trends in the USA Average age of first marriage Divorce year male female Divorced Americans Divorces granted 1970 23.2 20.8 4.3 million 0.7 million 2000 26.8 25.1 19.9 million 1.2 million Sources: U.S. Census; National Center for Health Statistics
No national figures exist on self-representation. But some experts estimate that as many as half of 1.2 million couples divorcing annually in the USA do so without a lawyer representing at least one of the parties.
The Web site, www.completecase.com, differs from the many self-help sites offering advice, referrals or downloads of documents needed to file for divorce in a particular state.
For $249, the Web site prompts couples with questions on everything from dividing financial assets to deciding where the kids celebrate birthdays. The software then uses their answers to fill out the documents that a couple can download and submit to a court.
Requirements vary by locale as to whether a couple must show up in court or can mail in or fax their divorce filing. But in all cases, a judge must still sign the order ending a marriage.
Randy Finney, a family law attorney for 11 years and the founder of the Web site, says it was designed for uncontested divorces. It's not for couples with convoluted finances or for those fighting over child custody and who gets the dog.
"The decision to get a divorce comes way before the decision about how to get a divorce," says Finney, 35, who is happily married. "I don't think anyone takes their wedding vows so frivolously that they're going to get a divorce just because they can do it for $249."
Not everyone is thrilled with the notion of cyber-divorce.
Judges and lawyers fret that couples who use the Web site may believe they've had legal counsel when they haven't. And leaders in the movement to save marriages complain that point-and-click divorce further undermines the institution's supposed sanctity.
"I can only think of one use of the Internet that's worse and that's pornography," says Dennis Rainey, executive director of FamilyLife, a religious group based in Little Rock. "We're trying to do all we can to call people to keep their wedding vows."
FamilyLife has joined with 30 other organizations since 1999 in drawing 175,000 spouses nationwide to "I Still Do" ceremonies that affirm marriage.
Despite the marriage celebrations, about one-fifth of American men and women have been divorced at least once.
A study released last month by the U.S. Census shows about 90% of Americans will marry at some point. For men, 54% married just once. For women, 60%. Serial marriage is rare: Only 3% of Americans have married three times or more; 13% have married twice.
Finney estimates his Web site has helped 1,000 couples unhitch. Stacey Kiss of Seattle is among those who traveled to virtual Splitsville. The self-described "Internet junkie" says it took her and her husband of seven years about three hours one night to click through the Web site's detailed questions.
"We never got along on anything through our entire marriage, but we still managed to come to an agreement," says Kiss, 36, a hospital business-services manager. "Why drag it out and make it complicated?"
She says the online split was cheaper and easier than her first, traditional divorce. Now single, Kiss says she's comfortable with dot-com divorce, but she draws the line at cyber-dating.
"I like surfing the Web," she says, "but not for men."
Ernesto Gomez and his wife Blanca had been planning to get a divorce for three years. They had already separated and worked out custody and child support for their two kids. But they had stalled on filing because they didn't want to deal with the hassle and expense. Hiring a lawyer, they were told, would cost at least $1,500. Using a free service offered by the court would involve numerous meetings spread out over several weeks.
So when Gomez heard an ad on the radio for a service called completecase.com that would let him fill out the paperwork online for just $249, he decided to give it a try. Four days after he logged onto the site, he had the papers completed and filed in court. "CompleteCase gives you step-by-step instructions. You can't miss anything," says Gomez, a distribution-center manager in Miami.
Gomez is not the only one turning to the Internet to simplify the process. Other services, like divorcewizards. com and divorcesyourself.com also offer quickie online divorce kits, usually for $300 or less. No lawyer is involved unless a client chooses to pay extra for a consultation by phone or e-mail.
Brian Lee, president of legalzoom.com says his site has handled more than 30,000 divorces since its launch in 2001. Though people still have to convey their forms to the court, the process of filling out the paperwork can take less than an hour, thanks to simple online questionnaires that hand-hold customers through the process.
Online divorce is not an option if the couple can't agree on the terms. Even when they can, not everyone thinks it's a good idea. "Instant divorce is the last thing we need," says Mike McManus, president of the marriage advocacy group Marriage Savers. Instead of a divorce, McManus says, couples often just need time to cool off before working out their differences.
Still, such services are spreading. Utah and California offer do-it-yourself sites that let you fill the forms out online (for $20 at utcourts.gov/how to; free at www.courtinfo.ca.gov/selfhelp) Traffic on the California site rose from 6,800 page views in May 2002 to nearly 17,000 in May 2003. --By Anita Hamilton
The Los Angeles Times; Los Angeles, Calif.; Nov 19, 2001; MARTIN MILLER;
Abstract: Californians can legally split from their spouses over the Web site http://www.completecase.com and never have to set foot in a courthouse or lawyer's office. Legal papers can be completed within anywhere from 30 minutes to two hours, depending on the complexity of the split, according to Randolph Finney, a Seattle-based family law attorney who founded the site.
For Californians, once the judge signs the documents, they are "legally binding and enforceable," says Finney, but per state law the divorce doesn't become finalized for six months.
Full Text: (Copyright, The Times Mirror Company; Los Angeles Times 2001 All rights reserved)
The circle of online life is now complete. You can date online; you can marry online; and now you can divorce online.
Californians can legally split from their spouses over the Web site http://www.completecase.com and never have to set foot in a courthouse or lawyer's office. Legal papers can be completed within anywhere from 30 minutes to two hours, depending on the complexity of the split, according to Randolph Finney, a Seattle-based family law attorney who founded the site.
For a flat fee of $249, the site walks divorcing couples step-by- step through such issues as community property and calculating child support payments. When the online form is completed, the applicant simply signs the papers and mails them to the courthouse.
But it's not for everyone. It works only for those couples who are parting amicably and filing for an uncontested divorce. "If you can't agree on who gets the kids, our site is not for you," says Finney, a married 35-year-old.
The site debuted earlier this year, but only to residents of Washington state. Last month, California was added, and soon Florida, New York and Oregon are expected to be added. So far, the site has helped process hundreds of divorces, says Finney.
The site has drawn critics who denounce the online divorce as yet another blow to society's bedrock institutions. The very ease of the process, some contend, makes family and marriage as disposable as an old appliance. Indeed, a similar site in England was recently condemned by the pope as immoral because it made divorce too easy.
Naturally, Finney disagrees. "I think our Web site has the opposite effect," he said. "If you're going to get divorced, let's do it in a civil manner. I really don't believe having something available that makes it easier and costs less money is going to encourage divorce."
The inspiration for the project came from his law practice, where he primarily handles divorces. It took about a year to get the site up and running. "On almost a daily basis, I would get clients who said they needed a divorce but didn't have the money or the patience with the legal process to pursue it," he said. "These people are really stuck between a rock and a hard place."
For Californians, once the judge signs the documents, they are "legally binding and enforceable," says Finney, but per state law the divorce doesn't become finalized for six months. "It isn't quite as fast as a Las Vegas divorce," he says.
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