How Long Does It Take To Get a Divorce in Nevada?

Whether or if both spouses sign the Nevada divorce papers is the single most important factor determining the divorce process duration in this state. Signing the papers by both parties saves time compared to having only one side do it. Below you will find information on the two methods of obtaining a Nevada divorce through Las Vegas divorce lawyers, as well as the time required to complete each.

When divorcing in Nevada, how long does the process typically take if both spouses agree?

It is common practice to file a joint petition for divorce when the spouses are in complete agreement over the terms of the divorce. In order to go forward with a joint petition, the parties must reach an agreement on the following points:

●       legal guardianship of a juvenile

●       visitation rights for children, alimony, and any assets or obligations

You may have your own attorney and yet file a joint petition divorce once the parties have resolved all their differences; but, in a joint petition divorce, the attorney acts as a joint representative of both parties. For this kind of divorce, both spouses' signatures are required on the divorce decree and the joint petition. You need both spouses' signatures to petition for a divorce.

After both spouses sign the divorce paperwork with Nevada divorce lawyers at Gastelum Attorneys, the process usually takes from a week to four weeks to be finalized. This schedule is subject to change based on the judge's workload and the court's workload at the time your case is assigned.

When only one spouse files for a divorce in Nevada, how long does the process typically take?

The Plaintiff in a divorce action is the one whose name is on the paperwork. Here, the Plaintiff is represented by an attorney who initiates the divorce process. Additionally, the attorney is responsible for filing the lawsuit on the plaintiff's behalf, handling all elements of the case, and signing the divorce documents. In most cases, the defendant will have a separate counsel submit the defendant's response and counterclaim. The difficulty or ease of locating and serving the Defendant determines the time required to get a divorce in Nevada after filing a complaint.

Here are the three stages to take when filing for a divorce:

●       Bringing the divorce petition to court

●       Obtaining a warrant

●       Process serving the Defendant with the complaint and summons

Divorce proceedings might drag on for a long period depending on the method of process serving as per Las Vegas divorce lawyers.

Individual Assistance

The procedure will be accelerated if you have the Defendant's residence or place of employment and can physically serve them (or if another adult at that location is available to be served instead), whichever is available. The fact that the divorce cannot proceed for 21 calendar days following service on the defendant is what really slows things down. Allowing the Defendant to provide a response is the purpose of this. It typically takes about eight to twelve weeks to conclude a divorce when the Defendant is served personally, assuming they do not submit an answer and counterclaim.

Provision of Service via Publication or Other Means

In cases when personal service of process is not possible (e.g., because you do not know the defendant's residence or because a process server or investigator has been unable to locate them), the time it takes to achieve a divorce is contingent upon the results of the investigation.

When a process server is unable to locate a defendant at their given address, they are required by law to provide an affidavit of due diligence detailing their efforts to do so to the attorney representing the client. The filing and presentation of this document to the court serves as an informal request for authorization to publish the summons. The summons, if approved, will be published weekly for five weeks. Defendant has the chance to submit a response if they notice the published summons, but nothing occurs for at least 21 days following the last day of publication. Something more to keep in mind when filing for a divorce in Nevada with the help of Nevada divorce lawyers:

●    Divorce may only be finalized if one of the spouses is a legal resident of Nevada.

●  This requires a six-week period of continuous residency in Nevada prior to the divorce petition being filed. Additionally, it is stated in the divorce paperwork that the resident filer intends to stay in Nevada after the filing and approval of the divorce.

You need to have your young children reside in Nevada for at least six months before you may discuss matters like physical custody and visitation. Please get in touch with Jennifer Gastelum Law for the best guidance with your divorce case.