Nevada Divorce Procedures
The divorcing partners, at any moment during the divorce procedure, are free to file a motion in the court with the aim of requesting the court to issue a particular order. If any divorcing partner files a motion, a hearing date is allocated and the motion is served to the other partner. The intent of the motion might be temporary support, payment of community bills, child support etc.
Nevada Divorce Procedure in detail
- The Plaintiff must file a Complaint for divorce: It includes information regarding what the Plaintiff desires from the divorce inclusive of attorney fees, child support, child custody, debt and property distribution etc.
- The clerk of the court must issue a Summons
- The clerk of the court must issue a Joint Preliminary Injunction (JPI). This prohibits both the divorcing partners from incurring debts on behalf of the community or depleting the community assets
- The Complaint, JPI and Summons must be served to the Defendant. The service must be necessarily done by a non-party.
- The above mentioned documents must be personally served except when the Defendant is not reluctant to sign an acceptance of service. When the personal service is once accomplished, the further services must be carried out by regular, first class mail.
- After the service is complete, an Affidavit of Service must be filed with the clerk. All the documents that have been served must be filed with the court clerk.
- An affidavit of residence witness must be filed with the court clerk. In this document, some person attests that the Plaintiff is a resident of this state and this person has seen the Plaintiff for 6 weeks prior to the filing of the Complaint and 4 or more times per week.
- When the Defendant cannot accede to all terms written in the Complaint, the Defendant files an Answer and Counterclaim. These documents are regarded as a Response to the Complaint and what the Defendant desires in the divorce is requested in those.
- The Plaintiff reads the counterclaim and files a Reply to it in which the requests made by the Defendant are either denied or admitted
- An ECC (Early Case Conference) is scheduled and this is attended by the parties or the counsel. The discussion of the allegations is made in the ECC. A JCCR (Joint Case Conference Report) is filed in the court which comprises of details of the topics that are resolved during the ECC and those which are not resolved in the ECC.
- After the filing of the JCCR in the court is over, the discovery process can be started. The discovery process consists of the following
- Subpoenas
- Depositions
- Requests for admissions
- Requests for production of documents
- Interrogatories
- Consider a divorce case in which children are involved and the issue of child custody is unresolved between the divorcing partners. Then, the court schedules an evidentiary hearing to resolve this issue.
- When there are no children involved or the child custody issue has been resolved, the court arranges for a trial date for discussing economical topics
- At the conclusion of he evidentiary hearing, the ruling made by the court is outlined in an order. The Judge signs this order and the court clerk files it. Once this filing is complete, a Notice of Entry of Order is necessary.
- At the conclusion of the trial, all the terms of the divorce are outlined in the Decree of Divorce. The Judge signs the Decree and the court clerk files it. After completion of the filing, a Notice of Entry of Decree of Divorce is essential.
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