Gordon Law Offices Articles Understanding Divorce in Las Vegas

Understanding Divorce in Las Vegas

By Gordon Law Offices  Jul. 18, 2011 10:42a

Who can file for divorce and what are the grounds for filing?

Divorce is a difficult and heartbreaking time in most people's lives. One does not enter a marriage anticipating a divorce, but they do happen and are unfortunately fairly common. In Nevada, either spouse can file for divorce as long as they have resided in the state for more than six weeks. There are currently three statutory grounds for filing for divorce:

  • Incompatibility;
  • Insanity existing two years prior to the marriage; and
  • Spouses living separately and apart for more than one year.

What happens after you file for divorce?

After the Complaint for Divorce is filed, or if both spouses agree to the terms of the divorce, a Joint Petition for Divorce is filed and the court clerk will assign a case number and a judge to the case. If a Complaint was filed, it will need to be served on the other spouse (Defendant) via a third party process server.

Once served, the process server will fill out an Affidavit of Service, which describes when and where the defendant spouse was served. The defendant spouse then has 20 days to file an Answer with the court. If no Answer is filed, the Plaintiff (filing spouse) may obtain a Default and will likely be granted what was asked for in the Complaint. If you have been served with a Complaint by your spouse, it is very important to seek immediate legal counsel from a Las Vegas divorce attorney at Gordon Law Offices to protect your rights in the divorce.

A Summary Disposition is a way of getting a divorce without a court hearing. To get a Summary Disposition you will need to provide the court with copies of the following documents:

  • Complaint for Divorce;
  • Proof of Service;
  • Default or Answer;
  • Affidavit of Resident Witness;
  • Request for Summary Disposition; and
  • Decree of Divorce.

There is additional paperwork required if there are children involved. The judge will review all of the submitted paperwork and if it meets all requirements, the judge will sign the Decree of Divorce and it will be filed with the clerk's office and mailed to the Plaintiff. The Plaintiff is required to serve a copy of the Notice of Entry of Order and Decree of Divorce upon the Defendant.

An alternative to the Summary Disposition is a Prove-up hearing. At a Prove-up hearing, the Plaintiff requests the judge grant the divorce and must show that he/she has met all of the divorce requirements. This includes proving Nevada residency for at least six weeks, filing of all proper paperwork, Proof of Service, and proper grounds for divorce.

Following the hearing, the Plaintiff must submit the Decree of Divorce to the judge for signature. If the judge signs the Decree, the Plaintiff must then file a Notice of Entry of Order, and the final step being the Plaintiff serving the signed court stamped copy of the Decree on the Defendant.

Experienced Divorce Lawyer in Las Vegas, NV

When you are standing at the threshold of divorce, you need a competent and compassionate attorney by your side to help you get through the process. Experienced legal counsel, like the attorneys from Gordon Law Offices, can handle the intricacies of even the most complicated divorce. No matter what the particularities of your situation, whether it involves asset division, a military divorce, spousal support, or child custody, a Las Vegas divorce attorney from our firm can help you secure the best possible outcome.

Contact a Las Vegas divorce attorney today for an initial divorce consultation.

Other Recent Articles

Grandparents’ Rights in Nevada

Grandparents’ rights in family law revolve around the issues of visitation rights and even custody for petitioning grandparents.
More Articles »

Legal Separation in Nevada

In some cases, married couples may choose to legally separate as opposed to getting a divorce.
More Articles »

Enforcement of Nevada Divorce and Family Law Court Orders

Once a divorce has been finalized in Nevada, the divorce agreement becomes an official court order.
More Articles »
(702) 384-8831
725 South 6th Street
Las Vegas, NV 89101

Office Hours:
Mon-Fri 9 AM-5 PM
Contact our office by email or phone instantly by clicking the options below: