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Nevada Simplified Divorce Procedures

There are 2 provisions for summary divorce in Nevada. First, a summary divorce may be granted if the following conditions are met: (1) either spouse has been a resident of the state for at least 6 weeks; (2) the spouses are incompatible or have lived separate and apart without cohabitation for 1 year; (3) there are no minor children (born or adopted) and the wife is not pregnant, or the spouses have signed an agreement specifying the custody and support of the children; (4) there is no community or joint property, or the spouses have signed an agreement regarding the division of their property and the assumption of their liabilities, and have signed any deeds, titles, or other evidences of transfer of property; (5) both spouses waive their rights to spousal support [maintenance] or the spouses have signed an agreement specifying the amount of spousal support; (6) both spouses waive: [a] their rights to notice of entry of the final decree of divorce; [b] their rights to appeal the divorce; [c] their rights to request findings of fact and conclusions of law in the divorce proceeding; and [d] their rights to a new trial; and (7) both spouses want the court to enter the decree of divorce. A Summary Proceeding for Divorce is begun by filing a joint petition, signed under oath, together with an Affidavit of Corroboration of Residency by a witness.

In addition, a spouse may apply for a divorce by default by affidavit. In such situations, oral testimony will not normally be required. If there is a marital settlement agreement, it should be identified in the affidavit and attached to it when filed. The affidavit should: (1) state that the residency requirements have been met; (2) state that all of the information in the petition is correct and true on the personal knowledge of the person signing the affidavit; (3) state that the affidavit contains only facts that would be admissible into evidence; (4) give factual support for each allegation in the application; and (5) establish that the person signing the affidavit is competent to testify.

Each divorce filed must also contain a Civil Cover sheet, a Verification of Pleadings, a Request for Submission, and an Affidavit of Residency. Finally, there are specific provisions authorizing separation agreements and marital settlement agreements. [Nevada Revised Statutes; Chapter 123, Sections 020 and 090 and Chapter 125; Sections 181 to 184].

Each state has its own unique filing procedure. When filing for divorce in Nevada, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You can visit the Nevada state statutes located at: http://www.leg.state.nv.us/ to learn more about these documents. You will discover that some documents may be provided by the Nevada Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Nevada Laws and the filing requirements.