Uncontested Divorce in Nevada

A divorce procedure is essentially a cumbersome one. There are several requirements that need to be fulfilled and then several forms that must be completed. In order to reduce the burden and stress of a divorce procedure, it is advisable that the divorcing couple reaches an agreement regarding the major aspects of the divorce and then files for an uncontested divorce.

In this state, the divorcing partner who does the filing is named as the Plaintiff. The divorcing partner who provides the response is known as the Defendant. The District Court in the county is the venue of filing the action.

Residency requirements for Uncontested Divorce in Nevada

The mandatory requirement is that one of the divorcing partners should have been a resident of this state for minimum 6 weeks prior to the filing of the action. Such an action may be filed in one of the following 4 counties.

• County in which either divorcing partner is a resident.
• County wherein the divorcing partners last resided along with each other.
• County in which the cause of the divorce took place.
• County wherein the Plaintiff resided for 6 weeks before the filing was done.

Grounds of Uncontested Divorce in Nevada

In this state, there are no-fault grounds of divorce and these are as follows.

• Incompatibility, or
• Residing apart and separate in the absence of cohabitation for a period of 1 year.

The General ground of divorce is insanity that has continued for minimum 2 years prior to the date of filing.

An Uncontested action in a Summary Divorce

In this state, there are 2 ways of procuring a summary divorce. In one of the routes, the divorcing partners file a joint petition under oath. Along with this document, a witness furnished an Affidavit of Corroboration of Residency. Further, the following conditions must be fulfilled in order to grant the divorce.

• One or both divorcing partners should have been residing in this state for minimum 6 weeks.

• There must be incompatibility between the divorcing partners and they should have resided apart and separate in the absence of cohabitation for minimum 1 year.

• The divorcing couple should not have any children and the wife should not be pregnant. If these 2 conditions are not satisfied, then, the divorcing couple should have negotiated an agreement regarding the support and custody of their children.

• There must be no community property belonging to the divorcing couple. If there is, then, the couple must have created an agreement about the division of liabilities and distribution of assets. In addition to this, the divorcing couple should have signed any titles, deeds or other proofs regarding transfer of property.

• Both the divorcing partners must have waived their right to spousal support. Alternatively, they must have created an agreement that specifies the amount of such support.

• Both the divorcing couples must have waived the following rights.
  • The right to a new trial.
  • The right to request conclusions of law and findings of fact at a divorce hearing.
  • The right to appeal the divorce.
  • The right of notice of entry of the final Decree of Divorce.

• Both the divorcing partners must desire that the court should enter the divorce.

Divorce Papers