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Nevada has worldwide fame due to notoriously fast and bizarre Las Vegas divorces. But you are probably not a Hollywood celebrity who wants to end a 24-hour-long marriage legalized under the influence, nor are you a bigamist who came to Las Vegas to marry ‘the spouse of another.’ So what options do you have to request the dissolution of marriage quickly and practically?
According to nevadaonlinedivorce.com, DIY divorce litigants can solicit the assistance of internet companies to prepare the papers, meeting all the court requirements without errors. To make sure you qualify for preparing an application for divorce online in Nevada, here is a list of the norms and rules that will apply to your case.
Source: barandbench.com
- Online divorce in Nevada is 100% uncontested. Contesting any issues complicates the process and disqualifies it as a ‘summary divorce.’ It is easiest for couples with no minor children and joint marital property together. Those who do will have to agree on these issues before they apply for divorce. For example, couples with minor children need to decide on a child custody split, visitation schedule, and child support payments on their own or with the involvement of mediation, legal advisor, or counseling.
- Be ready for the 50/50 split of the marital property. Spouses sign a written settlement agreement to memorialize how they split their property rights on real estate, joint bank accounts, pension plans, insurance, debts, and other financial matters. Couples need to remember that Nevada is a community property state where only the property acquired before the marriage is not subjected to property division. The family home, either spouse’s income, and personal property purchased during the marriage are split 50/50.
- Alimony is not often included in summary divorce in Nevada. Couples can agree and add an alimony clause to their written settlement agreement. However, in most cases, both spouses waive their right to spousal support. Nevada courts can rule such cases as contested if one spouse requests alimony while the other refuses to pay.
Source: terryandrobertslaw.com
- Nevada is a no-fault divorce state. Any divorce should be justified in court. In Nevada, the grounds for divorce include (1) incompatibility; (2) 1-year separation without intention to get back together; (3) 2-year legally recognized insanity. The first two grounds work well for preparing an application for divorce online. The ground of insanity requires legal representation in court.
- Even newcomers can get divorced in Nevada. Nevada has one of the shortest residency requirements: 6 weeks. It means that either spouse must live in Nevada for at least six weeks before the petitioner (the spouse who files the paperwork) files with the court. When submitting the paperwork, the spouses prove their residency by including an “affidavit of corroboration of residency.”
- Filing for divorce together is possible in Nevada. To prepare the documents online, spouses should collaborate. Whether they complete the court forms together or only one spouse takes it on, they need to sign the paperwork together in front of a notary.
- Complete divorce online means completing a questionnaire. Legal language is often obscure. People who have no experience dealing with legal documents may worry about making mistakes or misunderstanding filling out a form. Web-based companies require their clients to answer a simple-language questionnaire and then completes the court forms based on their answers. Thus, the companies guarantee that the completed forms are free of errors and will be accepted by Nevada courts.
Source: news.virginia.edu
- Online divorce services don’t include filing. A web-based company that prepares the documents over the Internet can also send filing instructions. Such companies usually send step-by-step guides explaining how to file at a local court.
- The forms are filed in the district court. In Nevada, divorcing spouses can initiate their divorce at the county where either spouse resides. For that, they come to the district court and file the original and two copies of the divorce documents with the court clerk.
- It can be affordable for low-income families. Getting a divorce can get pricey when sky-high legal fees are inevitable. However, couples can keep their legal costs down if they agree on all the issues. Furthermore, those who qualify for a fee waiver can save on filing fees. In Nevada, courts generally charge $300 to $400 for filing for divorce and about $100 for serving the respondent (the non-filing spouse).
- No court hearing is needed for a summary divorce in Nevada. For couples in Nevada, it is enough to file all the required paperwork with the court and wait for the judge to sign a divorce decree. In addition to all the court forms and a written settlement agreement on custody, support, and property division issues, the spouses must submit a decree of a form. The judge signs the decree if all the papers are filled out correctly and all the agreements reached between the spouses are just and fair.
- Knowledge of divorce proceedings is required. It is important to remember that in Nevada, divorce is finalized not when the judge signs a decree but when the court receives proof that both parties of the process have a signed copy of the decree. For this, the court mails the final decree signed by the judge to the petitioner. The petitioner’s responsibility is to mail a copy to the respondent and a certificate of mailing to the court. A divorce is finalized when the court clerk receives and files the mailed decree.
Source: nevadadivorce.org
Final Thoughts
Nevada courts don’t prevent spouses from having inexpensive divorces if they are done carefully and following all the guidelines. Online divorce is a way to drive down the cost for couples aiming to have a peaceful end to their marriage and are willing to cooperate.
