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Divorce Attorney in Henderson

Going through a divorce is an emotional and challenging process. A divorce can be difficult and painful even if you and your spouse are on speaking terms. For couples with children, the process is even more difficult. At Leavitt Family Law Group, we understand the emotional toll of divorce and that the outcome can impact your future for many years. When you need an experienced divorce attorney in Henderson, we can help answer your important questions and are committed to representing your interests with compassionate guidance and leadership.

Divorce Agreements Are Complex
There are many matters to be settled during a divorce. These include:

Child Custody
Child Support
Alimony
Asset Division
Asset or property division is often one of the most complex aspects of divorce, whether your divorce is contested or not. It involves dividing all martial property - both assets and debts. For high-net-worth individuals, asset division can be a complex and draining process. The Leavitt Family Law Group attorneys have the experience and resources to assist with high-net-worth divorce cases.

Simplified Divorce Proceedings
An uncontested divorce may be an excellent option for couples agreeing on all terms of the divorce. It is quicker and cheaper than a contested divorce and can keep your case out of the hands of the court. Although you are not required to use an attorney to obtain a non-contested divorce, there are some critical reasons why you should.

First, it's easy to miss important divorce agreement elements and need to go back and start over. An experienced divorce attorney will review your agreement, draft an enforceable and valid agreement, and ensure that all documents are filed correctly. This saves time and money and avoids unpleasant surprises down the road.

The second reason to consult with an experienced divorce attorney is to ensure that the agreements are fair to both parties. A divorce is usually an emotional event, even when the split is amicable. A spouse that feels guilty or wants to move on quickly will often agree to give up far more assets than they should, especially when it comes to property division. Over the years, you may regret those decisions, but property division is final, and you can not go back and alter those agreements later.

An uncontested divorce can be less stressful and a good option for many couples. However, you should still consult with an experienced divorce attorney in Henderson before you elect this option.

Contested Divorce
A contested divorce occurs when spouses cannot agree on everything and usually involves filing a divorce complaint, exchanging financial information, and often involves a judge at a settlement conference. Obviously, a contested divorce is a more complex and costly process than an uncontested one. How complicated it becomes depends on several factors, including the complexity of the property, financial issues, child custody, and the attitudes of both parties.

A contested divorce's biggest challenge is often ensuring that all assets and debts have been disclosed and correctly valued. In too many cases, the spouse with the most to lose will try to hide assets or undervalue them. In this situation, you need the services of an experienced divorce attorney willing to fight for your rights. Our firm focuses on this aspect of divorce proceedings to ensure you reach the best outcome.

Nevada is a No-Fault Divorce State
For many people, one of the most confusing aspects of divorce is the concept of no-fault divorce. Nevada is a no-fault divorce state. When you file your divorce petition in a no-fault state, you let the court know you're seeking a divorce - you don't have to tell the court what led to the divorce. In Nevada, both spouses have an equal right to the property and assets acquired during the marriage. In fact, the state requires that assets be distributed equally during a divorce unless both parties agree to a different arrangement.

Each situation is different, and we can help you navigate the complex legal issues that often come with divorce, including property division, alimony, and child custody matters.

The attorneys at the Leavitt Family Group will work to ensure your rights are protected and you reach a divorce settlement that is fair to both parties.



About the firm:

Leavitt Family Law Group is a premiere divorce attorney law firm, based in Henderson, Nevada and serving all of the Las Vegas valley. We recognize that divorce is one of the most stressful situations anyone can experience. We have the experience, knowledge and compassion to effectively guide you through this difficult process and ensure your rights are protected.
Successfully representing clients in Las Vegas and Henderson that have complex financial matters requires in-depth knowledge of Nevada divorce and family law. At Leavitt Family Law Group, we pride ourselves on understanding your unique situation. Our attention to detail is focused on achieving the most positive and satisfactory results for you, our client.

Our uniquely focused practice and decades of combined experience in all aspects of Las Vegas and Henderson, Nevada divorce law ensures that we have the skill and capacity to provide the best service for our clients’ needs. We have significant experience handling high net worth cases, and are skilled at preparing effective prenuptial and postnuptial agreements as well as protecting our clients’ property, assets, and interests upon divorce.

Key statistics:

Nevada frequently leads or ranks in the top tier for divorce rates (divorces per 1,000 population), with figures around 3.8-4.2 in recent years (2021-2023).

Link to the blog(guide) shared by the client:

https://leavittfamilylaw.com/menodivorce-how-menopause-impacts-marriage-relationships-and-divorce-in-midlife/

Topic and content snippet:

Menodivorce: How Menopause Impacts Marriage, Relationships, and Divorce in Midlife
Midlife can bring many changes for couples, and menodivorce is a term that reflects how menopause may intersect with marital challenges. Emotional shifts, physical symptoms, and changes in intimacy can place strain on even long marriages. Understanding these dynamics provides couples and families with perspective when navigating this stage of life.

Understanding Menopause and Its Effects on Relationships
Menopause is a natural stage in a woman’s life, but it can reshape daily life and family dynamics in lasting ways. Symptoms such as hot flashes, sleep disruption, fatigue, and mood changes often influence how partners interact at home. During perimenopause, these shifts may last for years and create challenges that both spouses must learn to navigate.

Couples who approach these changes with openness and patience are more likely to maintain stability. Honest communication, empathy, and a willingness to adapt to evolving needs can reduce frustration and prevent distance from growing in the marriage. When families recognize these adjustments as part of a natural transition rather than personal failings, they are better equipped to protect their relationships and support one another."

Background content:

A no-fault divorce allows couples to end a marriage without proving wrongdoing (like adultery or cruelty) by either spouse, instead citing "irreconcilable differences," "incompatibility," or "irretrievable breakdown" as the reason, making the process less contentious, simpler, and more private. While every U.S. state offers no-fault options, some are "pure no-fault" states (like California, Colorado, Florida, etc.), while others allow both fault and no-fault grounds, with specific requirements like a separation period often needed.
Key Aspects of No-Fault Divorce
No Blame: Eliminates the need to legally prove fault, reducing accusations and legal battles.
Grounds: The stated reason is usually the marriage's complete breakdown, often citing "irreconcilable differences" or "incompatibility".
Simplicity: Focuses on dissolving the marriage rather than airing personal grievances, leading to quicker, less expensive, and less traumatic divorces.
Separation Periods: Some states require a mandatory period of living apart (e.g., 1-3 years) before filing, though this varies.
Equitable Solutions: Courts still divide assets, but typically based on fairness (equitable distribution) rather than punishing a "guilty" spouse.
How It Works
Filing: One spouse files a petition stating the marriage is over due to irreconcilable differences.
No Objection (Often): In many cases, the filing spouse's statement is enough; the other spouse cannot prevent the divorce, though they can dispute terms.
Resolution: The court finalizes the divorce, addressing asset division, support, and child custody, but without assigning legal blame.
Fault vs. No-Fault
Fault Divorce: Requires proving specific misconduct (e.g., adultery, cruelty, abandonment).
No-Fault Divorce: Focuses on the marriage's factual breakdown, removing the need for such proof.
In essence, no-fault divorce provides a pathway to end a marriage based on mutual or unilateral decision, prioritizing resolution over retribution.

What is No Fault Divorce & How Long Does it Take?

Everything you need to know regarding no-fault divorce.

What is no fault divorce?
In April 2022 the law in relation to divorce (and civil partnership dissolution) in England & Wales underwent a major upheaval, and it is now the case that you do not need to give reasons, or lay blame, in order to get a divorce.

It allows couples to divorce more amicably if that is their wish.

Do both parties have to agree to a no fault divorce?
The agreement of your spouse is no longer necessary to obtain a divorce.

How long does no fault divorce take?
No fault divorce takes a minimum of 26 weeks (6 months) from the date of your application.

How much does no fault divorce cost?
The court fee for a divorce application is currently £593.  Your solicitor will be able to advise you as to the costs involved in resolving any associated financial or child arrangements.

No fault divorce process
The process is started by making an application to the Family Court.   Once your application is accepted, the court will issue proceedings, which will be sent to your spouse for acknowledgement, and after 20 weeks you will be able to apply for the Conditional Order. The last step is to obtain the Final Order (usually done at the 26-week stage) although you may be advised to delay that if there are financial issues to resolve.

It is also possible to make a joint application for divorce and it is sensible to take advice as to whether that is the right option for you before you issue any application to start divorce proceedings with the court.

For more information about the process, visit our divorce page.

Can you get a no fault divorce without a solicitor?
Yes, but it is recommended that legal advice from a family solicitor is taken at an early stage to ensure you understand your options and make the best decisions during a divorce.  This is particularly important if your divorce has an international aspect.

Legal advice should also be sought about a financial settlement and if there are any issues regarding arrangements for children.

Are there negatives in no fault divorce?
The process has become easier and, in a lot of cases, it is quicker. In some situations this is a positive, but in others, less so.

It doesn’t stop parties from making allegations of bad behaviour (or conduct) in other aspects of the divorce, such as the financial settlement, as explained below.

Another problem that is becoming more widespread is that couples are not taking legal advice and properly resolving their financial claims on divorce. That means that ex-spouses are coming back months down the line to make ‘new’ financial claims. It is vital to get the financial settlement drawn up by a family solicitor and made into a legally binding court order at the same time as applying for a divorce.

See our article on financial consent orders for more information.

How are assets divided in no fault divorce?
All of the financial circumstances of the parties to the marriage or civil partnership are assessed to determine what a reasonable and fair settlement should be.   The court in England & Wales will consider whether an equal division of the assets is appropriate, or whether there is a reason to depart from the principle of equality, such as to meet one party’s financial needs or to preserve non-matrimonial wealth for one party.

See our divorce settlement calculator.

Is there a financial settlement in no fault divorce?
All parties to a divorce or dissolution are entitled to a fair and reasonable financial settlement. Whether negotiated between the parties directly, or using solicitors or the court, a financial settlement should always be recorded in a legally binding court order. This is a separate process to the divorce or dissolution itself.

The parties record the the terms of a financial settlement in a written document called a draft court order, prepared by lawyers, setting out the details. This can easily be submitted to the court for approval.   If the parties cannot agree the terms of a settlement, financial remedy proceedings may be required, or other non court dispute resolution options considered.

If a financial court order is not made, the financial claims between the parties may remain live even after the divorce has been concluded. See our article on financial consent orders for more information.

How does the Family Court treat bad conduct in a divorce?
Even though the divorce process no longer requires allegations of ‘fault’, parties may still engage in bad behaviour towards the other.

Bad behaviour by one party is something the court will consider, whether in financial remedy or children proceedings, or on applications for personal protection if there is domestic abuse , but personal conduct along the lines of the old divorce definition of ‘unreasonable behaviour’ or ‘adultery’ are very unlikely to establish a conduct argument.

There is a threshold test for conduct which differs depending on the nature of the proceedings in question.

Learn more about conduct in financial remedy cases.

What are the consequences of making false allegations in divorce?
The court can impose cost sanctions on parties who pursue arguments which are either without merit or turn out to have no bearing on the outcome.

To apply for a no-fault divorce in Nevada, you and your spouse must agree on terms like property, debt, and custody, fill out joint forms (like a Joint Petition), file them with the District Court, and submit the final decree, with the process simplified by the state's no-fault status (only requiring irreconcilable differences) and often expedited in uncontested cases, potentially taking weeks with self-help resources or online services.
Steps for a Joint (Uncontested) No-Fault Divorce:
Understand No-Fault: Nevada is a no-fault state, meaning you only need to state "irreconcilable differences," no blame is required.
Prepare Forms: Both spouses must fill out and sign the required forms, often starting with a "Joint Petition for Divorce," agreeing on all terms (custody, assets, debts).
File with Court: Submit the completed, signed forms to the District Court in the county where you reside.
Finalize Decree: Once approved, submit the final divorce decree to the judge for signature.
Key Considerations:
Self-Help Resources: Use the State of Nevada Self-Help Center (https://selfhelp.nvcourts.gov/self-help/divorce/filing-for-divorce-together) for forms and guidance.
Online Services: Websites like Onlinedivorce.com (https://www.onlinedivorce.com/divorce/nevada/) can help prepare documents for uncontested cases.
Timeline: An uncontested divorce can be relatively quick (weeks) compared to a contested one.
Attorney: Consider hiring an attorney for complex situations or if you need help navigating the process.
When One Spouse Doesn't Cooperate:
If your spouse won't sign, you'd file a "Complaint for Divorce" instead of a Joint Petition, which takes longer as it involves formal service and court action

What Is a No-Fault Divorce?
No-fault divorce allows couples to divorce without blame or fault. It's often the simplest path to divorce available in a state.

If you and your spouse are on good terms but feel that your marriage has reached a natural ending, no-fault divorce is a valid legal option for you. A no-fault divorce allows you to end your marriage without focusing on blame or proving fault. In fact, under no-fault divorce laws, both spouses don't have to agree to end the marriage.

What is a no-fault divorce?
It's a type of divorce that allows one spouse to file for divorce without blaming the other or having to prove fault. The terminology differs with each state’s no-fault divorce laws, but to obtain this type of divorce, the spouse who files simply needs to state that there's been an irretrievable breakdown of the marriage, irreconcilable differences, or incompatibility. In some states, living apart for a specified period of time—often called a legal separation—can be the reason for a no-fault divorce.

Originally, a married couple had to provide an “acceptable” reason for ending their marriage and getting a divorce, such as domestic violence or adultery. The reason for divorce is known as the “grounds" for divorce. California was the first state to pass a no-fault divorce law in 1970. Now, due to legal progress in family court and divorce reform, unilateral no-fault divorce is available in all U.S. states and the District of Columbia.

The evolution of no-fault divorce
Globally, variations of faultless divorce laws began as far back as 1757, when Prussian King Frederick II passed an edict that allowed spouses to dissolve their marriage without assigning blame to one party. Russia also led the pack by passing modern no-fault divorce laws in 1917, shortly after the Bolshevik revolution.

Until the late 20th century, at-fault divorce was the only legal route to end a marriage in the United States. Couples who wanted a divorce had to either prove that one spouse was at fault through direct evidence or go through extensive efforts to concoct or fabricate evidence (which was actually quite common).

The National Association of Women Lawyers (NAWL) spearheaded no-fault divorce advocacy throughout much of the 20th century. California was the first U.S. state to enact a no-fault divorce law when Governor Ronald Reagan signed the Family Law Act of 1969. The law went into full effect in 1970. New York was the last state to pass a no-fault divorce law in 2010.

How to get a no-fault divorce
A no-fault divorce can be simpler, cheaper, faster, and more private in many circumstances. To obtain a no-fault divorce, simply select the no-fault option as the reason for divorce when filing at your local court or on their website. No-fault grounds for divorce can't be contested by your spouse, and you aren't required to provide proof of why you want the marriage to end.

Generally, you're still eligible for divorce under this option even if your spouse doesn't agree to end the union. For example, if you've filed and your spouse fails to respond, the court can grant a default judgment of divorce. However, if your spouse proves that your case hasn't met state requirements for divorce—such as a waiting period—you may have to postpone your divorce until you've met those requirements.

In some states, the type of divorce you choose affects how you address the division of assets, alimony, and child custody after the separation.

Property division. No-fault divorces often determine the division of assets through divorce settlement agreements, such as a property division agreement. Couples can draft these agreements outside of the court with the help of an experienced divorce attorney.
Alimony. Courts may award alimony based on several factors, such as each spouse's relative earning power, the duration of their marriage, and child custody. Some state courts even consider adultery when awarding an amount of alimony.
Child custody. Following a no-fault divorce, the child's best interests are the main consideration in determining child custody. The main custody options are joint custody, shared custody, and sole custody with visitation rights.
No-fault divorce states
Although every state permits no-fault divorce, some states also permit at-fault divorces, in which spouses can choose to establish fault grounds for their divorce.

Sixteen states and the District of Columbia are true no-fault divorce states, meaning they do not offer at-fault divorces:

California
Colorado
Florida
Hawaii
Illinois
Iowa
Kentucky
Michigan
Minnesota
Missouri
Montana
Nebraska
Nevada
Oregon
Washington
Wisconsin
Washington, D.C.
Finding fault
No-fault divorce is not the only way to end your marriage. Fault means that one spouse caused the divorce through intentional action. At-fault divorce requires you to give reasons for divorce in your divorce petition and then if your spouse does not agree, to prove them to the court.

Each state has its own acceptable list of fault grounds for divorce, but common reasons include adultery, insanity, imprisonment, cruelty or abuse, abandonment, or substance abuse. Divorce lawyers can help you assemble a case to prove fault, but be aware that an at-fault divorce is often more costly and time-consuming than a no-fault divorce.

However, if one spouse can prove the other is responsible for the union's dissolution, they may gain more from an at-fault divorce, such as higher alimony, a stronger case for child custody, or a larger share of marital assets.

Reasons for a fault divorce differ from those needed for an annulment. An annulment declares that the marriage was not valid at the time it was entered into and includes reasons such as one party being underage, the spouses being too closely related, or fraud or force used to get one person to consent.

No-fault vs. uncontested divorce
A no-fault divorce is different from an uncontested divorce. Fault has to do with the reason for the end of the marriage. Whether a divorce is contested or not has to do with whether your spouse agrees with everything you are asking for in your divorce petition.

In an uncontested divorce, the respondent or defendant (the person served with the papers) chooses not to answer the papers or appear in court, or simply signs off on the papers and essentially says they agree with everything that is being asked for. This includes not only the grounds for divorce but also issues such as alimony, child support, property division, and custody.

An uncontested divorce can be a fault or no-fault divorce. The uncontested divorce moves forward very quickly since nothing is being disputed, and a trial is not always necessary.

A contested divorce means your spouse disagrees with your terms, and the case will proceed to a trial unless a conclusion is negotiated.

No-fault divorce makes obtaining a divorce easier and often reduces the negative feelings between spouses since there is no public blame for the divorce. No-fault divorce may be the best path for you.

LegalZoom’s uncontested divorce service is an inexpensive way to file for divorce if you and your spouse agree on most major issues. Otherwise, you can talk to an attorney for advice or help filing for divorce through the LegalZoom personal legal plan.

Frequently asked questions
What are the benefits of a no-fault divorce?
It can be simpler, cheaper, faster, and more private than divorces that assign fault. A no-fault divorce may also be easier on children, make more room for amicability, and allow for a fairer distribution of marital wealth that doesn't aim to punish the party allegedly at fault.

Is there a waiting period for a no-fault divorce?
Many states require waiting periods before couples can finalize a no-fault divorce, often requiring couples to live apart during that time. These laws aim to ensure that spouses have given themselves ample opportunity to contemplate whether or not divorce is the right recourse for them before making such a big decision. Depending on the state, the waiting period may range from less than a month to a year long.

Do I need a lawyer for a no-fault divorce?
No, a lawyer is not required to file for or finalize a no-fault divorce. That said, having one can significantly simplify the process. If you and your spouse don't agree on how you'll divide marital assets or other key issues such as alimony, child support, and child custody, working with a divorce lawyer can ensure that your interests are represented in the outcome.

Will no-fault divorce be banned?
Although some lawmakers have sought to end no-fault divorce throughout the years, it's still a protected part of our legal system that most lawmakers and advocates agree protects victims of abusive marriages.

A Nevada divorce can range from a few weeks for simple, uncontested cases (sometimes as fast as 1-4 weeks after filing if agreed) to several months or even a year for contested divorces with disagreements over assets, property, or children, though a mandatory 21-day waiting period always applies after filing before finalization. Uncontested cases (joint petitions) where both agree are quickest, while contested cases involve more steps like discovery and trial, significantly extending the timeline.
Fastest Scenarios (Uncontested/Joint Petition):
1-4 Weeks: If both parties agree on everything and sign papers quickly in Clark County (Las Vegas area).
3-6 Weeks: A common timeframe with attorney help for agreed-upon cases.
1-3 Weeks: For summary divorces (very simple).
Longer Scenarios (Contested/Complex Cases):
8-12 Weeks: If one party files and the other doesn't respond (default).
Several Months to a Year: For complex asset division, child custody, or if court appearances and trials are needed.
Key Factors Influencing Timeline:
Agreement: Full agreement (uncontested) is fastest; disagreements (contested) slow it down.
Complexity: More assets, debts, or child issues add time.
Court Caseload: Judge's schedule can affect processing.
Mandatory Waiting Period:
There's always a minimum 21-calendar-day waiting period after filing the complaint before the divorce can be finalized in Nevada

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

What influences how long it takes to get a divorce in Nevada the most is whether both parties sign the divorce papers.

If both parties sign the documents, it takes less time than if only one party signs them. See below for details on both ways of filing a divorce in Nevada and how long each takes to finalize.



HOW LONG DOES IT TAKE TO GET A DIVORCE IN NEVADA WHEN BOTH PARTIES AGREE?
When both parties agree on all issues, the divorce is usually filed in the form of a joint petition for divorce. Below are the items on which the parties need to agree to proceed with a joint petition:

child physical custody
child visitation
alimony, if any
property and debts
In  a joint petition divorce, the attorney represents both parties in a joint capacity, though the parties can each bring their own attorney to the table and still file a joint petition divorce once all the issues have been decided and agreed upon.

Both parties must sign the joint petition for divorce and the decree of divorce for this type of divorce. It cannot be filed with only the signature of one party to the divorce.

Generally, it takes one to four weeks for a joint petition divorce to be granted in Clark County, Nevada when both parties sign the papers.

How busy the court happens to be when your case is filed affects this timeline, as well as how busy your judge is at the time they are assigned the case.



HOW LONG DOES IT TAKE TO GET A DIVORCE IN NEVADA WHEN ONLY ONE PARTY SIGNS?
When only one party signs the divorce papers, he or she becomes the Plaintiff.  In this case, an attorney represents the Plaintiff  and files a complaint for divorce.  The attorney also signs the divorce papers, files the case on behalf of the Plaintiff, and handles all aspects of the case.  Usually, a different attorney will represent the Defendant and file an answer and couterclaim on behalf of the Defendant.

How long it takes to get a divorce in Nevada when a complaint is file depends on how easy or complicated it is to find and serve the Defendant.

Filing a complaint for divorce entails the following three steps:

Filing the complaint for divorce
Having a summons issued
Serving the complaint and summons upon the Defendant through a process server
How process service is conducted affects the length of time it takes to get the divorce.

PERSONAL SERVICE:

If you know where the Defendant lives and or works, and if they can be served personally (or any other person over the age of 14 at that same address is available to be served instead), it will expedite the process.

What eats up time is the fact that after Defendant is served, there is a 21-calendar-days waiting period before the divorce can move forward. This is to give an opportunity to the Defendant to file an answer.

If the Defendant does not file an answer and counterclaim, it takes approximately eight to twelve weeks to finalize the divorce when the Defendant is served personally.



SERVICE BY PUBLICATION OR ALTERNATIVE MEANS

If Defendant is not available for personal service—you don’t know where they live, and they can’t be found by a process server or investigator—the length of time to get a divorce depends on what the process server finds when they start looking for the Defendant.

If no address is found for the Defendant, the process server provides the attorney with an affidavit of due diligence, which states everything the process server has done to find the Defendant.

This affidavit is filed and presented to the judge, essentially asking permission to publish the summons. If granted, the summons is published once a week for five weeks. And nothing happens for at least 21 days after the last date of publication to give Defendant an opportunity to file an answer should they see the published summons.

If Defendant is served by publication, it takes 16-18 weeks to get to the point where judge makes a decision on the divorce,  provided Defendant does not file an answer.  What can hold this up longer is if the process server finds several addresses for the Defendant. By law, an attempt has to be made to serve the Defendant at those addresses before publication can take place.

Sometimes, at this stage, instead of publication, the judge will ask that Defendant be served by alternative means, meaning by social media if they have an active social media presence, or by email.

If service occurs through alternative means, it takes about the same amount of time to obtain a divorce as when the Defendant is served in person. After alternative service, there is also a 21-day waiting period after the date of service before the process can move forward. This is, of course, provided Defendant does not file an answer and counterclaim.

When a complaint for divorce is filed, and Defendant files an answer and counterclaim, how long it takes to get a divorce in Nevada is affected by whether the issues are resolved at the case management conference or whether they move on to trial. It can take many months and even more than a year if there are multiple court appearances.



Other things of importance before a divorce is filed in Nevada:

At least one of the parties to the divorce must be a current Nevada resident
This means having lived in Nevada for six consecutive weeks before the filing of the divorce. The divorce papers also state that the resident filer has the intent to remain in Nevada after the divorce is filed and granted.

If you have minor children, to address issues such as physical custody and visitation, the children must have lived in Nevada for a minimum of six months.

Las Vegas Divorce Process
In Nevada, there are only two ways to get divorced: uncontested or contested. Uncontested divorce is where both spouses agree to the terms of the divorce. A contested divorce is where spouses cannot agree.

With an Uncontested Divorce you sign a couple of documents that are filed with the court.   You are divorce in two to three weeks.  The catch with an Uncontested Divorce (also called a No Fight Divorce) is you both must agree to all the terms of the divorce.  Uncontested divorces require both parties to agree on all issues, such as  dividing assets, dividing debts, spousal support, and child custody.

With a Contested Divorce, the process starts with one spouse filing a Complaint for Divorce.  This opens the case by explaining to the court the claims and relief you are seeking.  Couples can negotiate the terms of the divorce (or custody) with a contested divorce.  In fact, the court will require some mediation to happen.   However, if you cannot agree, a judge will review evidence, listen to testimony, and make final decisions on the issues the spouses could not agree to.





Nevada Uncontested Divorce Process
With an uncontested divorce, both parties agree to all the terms of the divorce. If spouses reach an agreement on “all” issues regarding child custody, division of assets, and alimony, then an uncontested divorce can be filed. The average cost for an uncontested divorce is less than $2,000 and takes about three weeks. Contested divorces average $6,000 and can take twelve months.

Unlike the contested divorce process, uncontested divorces do not require court appearances, discovery, or a trial.

The uncontested divorce process begins with one party drafting the divorce documents. Both parties review the documents and agree to all the terms. The major terms spouses must agree on have to deal with child custody, child support, dividing the assets, dividing the debts, and alimony.

If both parties agree, then a judge is asked to review the documents. If the judge approves, then a final divorce decree is entered. Review our uncontested divorce page to learn more about starting an uncontested divorce.

Nevada Contested Divorce Process
A contested divorce is more complex. There are four stages to a contested divorce. The first stage is called the beginning stage. This is where initial documents are filed, and both spouses try to negotiate a settlement.

The second stage is all about temporary motions and the Case Management Conference (CMC). Motions are where you submit written requests to the judge. Requests for a temporary custody schedule, temporary financial support, and attorney fees are typical. If you have children, the court will require you to attend the Family Mediation Center (FMC) to try and mediate a child custody schedule.

The third stage is discovery. This is where each side gathers evidence needed for the trial. Each side produces documents, files subpoenas, and depositions witnesses.

The fourth and final stage is trial. This is where all the evidence and witnesses are presented before the judge. The judge then makes a final decision on any issues you and your spouse could not agree on.

These stages need to go in order. You cannot go to trial without going through discovery. You cannot get to discovery without a Case Management Conference (CMC), etc. Every contested divorce will go through the first stage. But not all cases will need all four stages. Most cases settle at the first or second stage. A case can settle at any stage during the divorce process.



How Long Does a Nevada Divorce Take?
You may be wondering, “How long does a Nevada divorce take?” In Nevada, a divorce can take anywhere from a few weeks to several months, depending on the type of divorce and the complexity of the divorce case. A Nevada uncontested divorce usually takes about 3 weeks and a Nevada contested divorce can take several months or a year, depending upon the disputes and division of property.

Divorce Process in Nevada
Stage 1 – Beginning Stage
Filing the Complaint For Divorce
The divorce process begins when a Las Vegas divorce attorney files a complaint for divorce. The complaint is the legal document asking for the specific terms of the divorce. It includes requests, like child custody, child support, division of property, division of debts, spousal support, and attorney fees.  The plaintiff is the person who files the complaint. The defendant is the other party who must respond to the complaint. Typically, there is no advantage to being a plaintiff or defendant. Typically, there is no advantage to filing the divorce first.

Service and Summons
In addition to the complaint, the defendant receives a summons and a joint preliminary injunction (JPI). The summons is the court’s official notice to the defendant that they are being sued. It also tells them they must respond to the attached complaint within 21 days. The JPI warns both parties not to sell anything or purchase anything substantial. The court doesn’t want you to sell anything substantial or incur new debts.  Divorce attorneys refer to this as marital waste.

The complaint, summons, and JPI need to be personally handed to the defendant. This is called process of service. Strict rules govern who qualifies to handle the process of service. Most divorce attorneys use a company to hand deliver the papers to the defendant at home or at their work. The person who delivers the documents also certifies the documents were served correctly by filing an affidavit.

21 Day Response Time
After being served the documents, the defendant has 21 days to respond with an Answer for Divorce.  The Answer is the legal document responding to the complaint. An Answer responds to each allegation in the complaint by either denying or admitting it. You may add counterclaims with your Answer. Counterclaims are your requests. For example, your spouse may ask you for the house in their complaint, and you may ask for the house in your counterclaim.

Take the requests in the complaint seriously, but don’t get too caught up in your spouse’s allegations. Remember, they are just allegations, or requests. The court will give you ample time to explain your story and to listen to your wishes.

Filing a Financial Disclosure Form
Both the plaintiff and the defendant must file a Financial Disclosure Form (FDF) with the court. This form helps the court make decisions regarding child support, spousal support, division of assets, and division of debts.  Here is a copy of an FDF.  Here is an article with videos on how to complete Financial Disclosure Form (FDF).

Negotiating the Divorce & Custody Issues
After the FDF is filed, we like to work on negotiating the terms for the divorce.   At Right Divorce Lawyers, we like to draft a Marital Settlement Agreement, called an MSA. The MSA is a proposal for all the terms of the divorce. If you have children, it should include a proposed custody schedule, child support, and who is covering health costs or daycare costs for the child. The MSA also offers terms on how you would like to divide assets, debts, and alimony. The MSA is used to start the negotiations with your spouse. Our initial goal is to negotiate the terms of your divorce and hopefully settle the divorce and custody issues. If we can reach an agreement, your case will not need Stage 2.



Stage 2 –  Temporary Motions, and CMC & FMC
Motion For Temporary Orders
What if you need a temporary decision about financials or child custody schedules? It may take a year before you have a trial. The court knows you cannot wait that long. Instead of waiting, your Las Vegas divorce attorney can file a motion. The motion is called a Motion for Temporary Orders. After the motion is filed the other side has 14 days to respond. The court will schedule a hearing. The hearing is typically held in 30 to 45 days.

A typical temporary motion contains requests for who will live in the marital home, who pays child support, who will pay temporary financial support, and for a child custody schedule. The judge’s decision on these issues will remain in place until your case ends.  Temporary orders can become permanent orders, but not always. Judges can create new orders after seeing different evidence at trial.

Case Management Conference
After you file the Complaint and Answer, the court will schedule your first hearing. Your first hearing will probably be a Case Management Conference (CMC). Both spouses and their divorce attorneys attend the CMC. A judge will also be present at the hearing.  The goal of a CMC is to determine which requests both spouses can settle on. Any unsettled requests need to go to trial. If a trial is necessary, then the divorce lawyers and judge agree on dates for discovery and trial.

Family Mediation Center
For those divorces with children, mediation is mandatory. The judge will order the couple to meet with the Family Mediation Center (FMC). Here, a mediator will attempt to work on a weekly timeshare schedule of the child(ren), and child support.  While the meeting is mandatory, mediators at FMC cannot force you to accept the terms. A judge will decide any custody issues not settled before the trial.

The court will schedule a hearing called a Return from FMC. The purpose of the hearing is to ask about your attempts at resolving the child custody disputes. If there are still disputes, the judge will open discovery and set a date for a trial.

Stage 3  – Discovery
Interrogatories (ROGS)
Discovery is where each side is allowed to request evidence to support their case. The discovery process can be done with documents asking questions, or documents asking for copies of documents, or, discovery can be done through depositions.

Interrogatories, typically called ROGS, are questions. The ROGS will ask specific questions, which you must answer. The questions gather information for the trial. Alternatively, your ex’s divorce attorney may use your answers to cross-examine you at a deposition. Admissions are questions written in a way for you to respond yes or no. Sometimes people call these admissions. They can be tricky. Under Nevada law, if you don’t answer the admissions, then the court assumes all answers are yes. So make sure to respond to admissions!

Requests For Documents (RFPs)
Requests for documents, called RFP’s, is a request for documents. You must provide any of the requested documents you have or can get. Typical requests are bank records, medical records, pay stubs, contracts, etc. Nothing is off-limits. You may not like the request and refuse to produce the documents. Talk with your divorce attorney first. You are usually better off giving the documents.

Subpoenas
Subpoenas are when one of the divorce  attorneys requests documents from a third party. These can be employers, schools, doctors, or anyone with relevant information. A subpoena is similar to an RFP. The law requires the third party to provide the documents. You don’t need to do anything. You may not even know your medical records (for example) have been subpoenaed.

Depositions
In depositions, both Nevada divorce lawyers will interview the other party or witnesses under oath. Depositions are usually scheduled after the ROGS and RFP’s. The divorce attorney will use the answers from the ROGS and admissions to choose specific questions. Keep in mind that your answers in a deposition are under oath. The opposing attorney can use them against you at the trial.

Stage 4 – Trial


Calendar Call
The next step in the divorce process is a calendar call. This is the final hearing in court before trial. At the calendar call, the judge will ask what issues you have settled as well as what issues remain for trial. It is common during a calendar call for the judge to attempt to settle the claims still at large. The judge may even ask the attorneys to meet in small meeting rooms to attempt to settle the issues.

Another settlement option used is to order a settlement conference. This is a hearing, where a senior judge meets with all parties and attempts to settle. Agreeing to a settlement is not mandatory. If you and your spouse reach a final settlement, then you file a divorce decree with the court. The filing of a divorce decree will finalize the case.  If you don’t reach a settlement, then you and your spouse will proceed to trial. A judge will make the final decision.

Nevada Divorce Trial
At the divorce trial, you and your divorce attorney will present evidence found during discovery. Witnesses will also testify before the judge. Your spouse will have the opportunity to do the same.

A trial only takes a day or two, but takes many days for your divorce attorney to prepare. Your attorney needs to have a game plan for every piece of evidence and every potential witness. Trial is the final hearing where the judge reviews all the evidence and makes a final decision.



Nevada Divorce Decree
After the trial is over, the judge will make a final ruling. This is also called a divorce decree. The judge may make the order immediately after the trial or several weeks later. One of the attorneys writes up a document detailing the order. Then the judge signs it. This is your final divorce decree and details the final decisions regarding all legal matters presented to the court. Anyone who violates the court order could be held in contempt of court.

Appeal
If you disagree with the judge’s decision, you can file an appeal. A divorce or child custody appeal is then reviewed by Nevada’s Appellate Court or Supreme Court. The appellate court could agree with the judge, disagree with the judge and ask him to make a new decision, or they can make a new decision. Appeals take years.  Until the appeal is finalized, you must follow the family court judge’s original order.

Nevada's no-fault divorce means you only need to claim "incompatibility" or that the marriage is "irretrievably broken" to get divorced, without proving adultery or abuse, simplifying the process. Key aspects include community property (equal division of assets/debts), focusing on fairness over blame, and options for joint filing if you agree on terms like child custody/support, leading to faster, cheaper divorces. The court handles contested issues like asset division, custody, and support, with misconduct only affecting property if it impacts its value, explains the Nevada Self-Help Center, Mills & Anderson, Carlson & Work, The Jacks Law Group, and Legal Aid Center of Southern Nevada.
Key Principles
No Fault: You don't need to blame your spouse; incompatibility is sufficient grounds.
Community Property: Assets and debts acquired during marriage are split equally, regardless of fault.
Focus on Resolution: The court's job is to fairly divide property and arrange custody, not assign blame.
The Process
File a Petition: One spouse (the plaintiff) files a complaint alleging incompatibility.
Serve Your Spouse: The other spouse (the defendant) must be officially notified.
Resolve Issues: You must agree on, or have a court decide, these key areas:
Child Custody & Visitation
Child Support
Spousal Support (Alimony)
Division of Community Property & Debts
Uncontested vs. Contested: Agreeing on terms (uncontested) makes it faster and cheaper; disagreements (contested) require court intervention.
Filing Options
Joint Petition: If you agree on everything, you can file together for a quicker process.
Unilateral Petition: If you don't agree, one spouse files, and the other responds.
Key Terms
Incompatibility: The common reason; means the marriage is broken beyond repair.
Irretrievably Broken: Another phrase for the marriage being over.
What to Do
Gather Information: Understand your assets, debts, and financial situation.
Consider a Lawyer: Especially if you have significant assets or children.
Try to Agree: Reaching mutual understanding significantly speeds things up.

Moving On? Everything You Need to Know About Nevada Divorce Laws

Few life events prove as stressful and disheartening as divorce. Although the vast majority of couples don’t expect to separate when they tie the knot, life is unpredictable. Divorce is painful for everyone in the relationship, including the children if the parties have any.

In Nevada, divorce laws are clear-cut, and the state has more relaxed standards for separation than other states. Nevada is a no-fault state, meaning either party can request a divorce without providing a specific reason. Nevada also has lower-than-normal residence requirements; one party only needs to have lived in the state for six weeks in order to file for divorce.

Requirements to File for Divorce
In Nevada, neither spouse has to prove that the other was at fault in order to request a divorce. If there is no chance of reconciliation, the divorcing party can use three grounds to file:

Incompatibility, which means you and your spouse no longer get along;
You and your spouse no longer live together and have resided in separate homes for more than a year; or
Your spouse has been insane for at least two years prior to the filing of the divorce action.
If all conditions apply and there are no disagreements, the judge grants the divorce without delay. There is no mandatory waiting period.

To obtain a divorce you must have been a resident of Nevada for more than six weeks and have the intent to reside in the state indefinitely, and a witness must sign an affidavit stating that they have personal knowledge that you have been a resident of Nevada for the past six weeks. If you have children, they must have been residents of Nevada for at least six months prior to the filing for divorce in order for the court to make child custody orders.

Settlement of Divorce Issues
If you and your spouse agree on matters regarding finances, child custody, and property division, the judge will honor those wishes and enter an order memorializing the terms of your agreement.

Without this agreement, the court will issue temporary orders on issues such as community debts, property maintenance, attorneys fees and costs, spousal support, and custody and support of your children.

Division of Property
Any property earned or acquired during the marriage – except by will, gift, devise or as the result of a personal injury lawsuit – belongs to the community. Community property belongs to the parties equally. Therefore, if the parties do not reach an agreement on the division of their property on their own, the court will divide it equally between them, absent a compelling reason to make an unequal distribution.

Each party can keep what they already possessed before marriage (also known as a spouse’s “separate property”). Each person also has the right to retain individual gifts, inheritances, and personal property from personal injury settlement awards.

The court may make an unequal distribution of the community where it finds a compelling reason to do so. An example of a compelling reason could be where one spouse has committed fraud against the other spouse or waste resulting in diminished value of the community.

Child Custody
Child custody is of paramount concern in a divorce action. Judges in Nevada consider first and foremost the custody arrangement that is in the child’s best interest. There is no preference for giving custody to a mother over a father or vice versa.

The default child custody arrangement is joint custody of the child shared by both parents. If either spouse believes that this isn’t in the best interest of the child, they must say so in their Complaint for divorce and/or file a motion for custody and present evidence. In all custody-related cases, the court will order the couple to attend mediation before making a final custody decision.

If the parties cannot reach an agreement, they will put their cases on at trial and the judge will decide custody based on several factors that go to the child’s best interest.

Temporary Spousal Support/Alimony
After the divorce action is filed, the court may award temporary spousal support if the case will take some time to resolve and the parties are unequal financial footing in the divorce case. This award may be made in order to provide temporary maintenance for the poorer spouse, or to enable the spouse to carry on or defend his or her suit.

An award of alimony is made after a divorce and is long-term. Alimony is designed to lessen the economic effects of a divorce which are felt disproportionately by the spouse who was financially supported during the marriage. There is no set formula to determine spousal support, however judges can consider any factors it considers relevant to determining alimony, including:

The financial condition of each spouse;
The value and nature of each spouse’s property;
The contribution of either spouse to the community;
How long the parties have been married;
Each spouse’s respective income, earning capacity, age, and health;
The standard of living during the marriage;
The career before the marriage of the spouse who would be receiving alimony;
Whether either spouse underwent education and training or attained marketable skills during the marriage;
The contribution of either spouse as a homemaker;
The award of property granted by the court in the divorce to the parent who would receive alimony (other than child support and alimony); and
The physical and mental condition of each party as it relates to his or her financial condition, health, and ability to work.
Modification of an alimony decision is possible if the income of the paying spouse changes by 20% or more.

Child Support
Nevada law provides a schedule for determining a party’s child support obligation (see NAC 425). In a custody arrangement where one parent has primary custody, the non-custodial parent will be obligated to pay the custodial parent for the support of the child. In a joint physical custody arrangement, the higher-earning spouse will be required to pay the lower-earning spouse the difference between their respective child support obligations.

The parents’ child support obligation depends on the number of children at issue. For one child, each parent is obligated to pay 16 percent of the first $6,000 of her gross monthly income (GMI), 8 percent of her income between $6,000 and $10,000, and 4 percent of any amount of her GMI exceeding $10,000.

For two children each parent is obligated to pay 22 percent of the first $6,000 of her gross monthly income (GMI), 11 percent of her income between $6,000 and $10,000, and 6 percent of any amount of her GMI exceeding $10,000.

A party’s obligation can be adjusted downward or upward based upon any special educational needs the child has, the cost of transporting the child between households, the obligor’s ability to pay, and the value of services provided by either parent, among other factors.

Initial Steps for Filing a Divorce in Nevada
Filing for a divorce in Nevada is relatively simple. Even if your spouse is not present, you can proceed with your request for divorce without them.

Step 1: Fill Out the Forms
You must complete three mandatory forms to begin the divorce proceeding:.

Civil Cover Sheet: This form provides general information about you, your spouse, and your children, if any.
Summons: This form informs your spouse of your intent to divorce him/her. The summons notifies the other spouse that they are required to submit a response to the Complaint within 21 days, or else you may receive a default and be awarded everything you request in your Complaint.
Divorce Complaint: This form tells the court and your spouse what you want regarding custody, temporary child and/or spousal support, property division, debt, alimony, and name changes. This form opens the divorce case.
Step 2: File the Forms
Once you complete all the forms, you must file them with the court. There is a filing fee. If you cannot afford the charge, you should fill out a form and order for waiver and the court may waive the filing fee.

Step 3: Serve your Spouse the Divorce Papers
It is your responsibility as the plaintiff to coordinate the service of divorce papers upon your spouse within 120 days. You cannot serve the documents to your spouse yourself unless your spouse consents to accepting service this way.

The defendant must receive the papers in-hand. A neutral party over the age of 18 can deliver these documents on your behalf. A partner of the plaintiff outside of the marriage does not count as a neutral third party. You can pay a private company to accomplish service.

How Long Will the Process Take?
Several factors can determine the length of the divorce process. For example, the divorce will move more quickly if there are no child custody issues, or if the parties have few assets.

Factors that could complicate and lengthen the case include disputed child custody issues, many assets that need to be divided, and the parties’  ability to cooperate to resolve their divorce. The more the couple disagrees and insists on fighting over custody, property division, and alimony, the longer their divorce will take to finalize. An uncontested divorce takes much less time.

Settling Your Divorce
Two spouses’ reaching a mutual understanding is by far the quickest way to end a marriage. In this case, both spouses agree on terms that concern their children, assets, finances, and debts. Even where the parties cannot agree on all issues, the case will be shortened if they can resolve some or most of their issues without the Court’s intervention.

If the parties reach an agreement on all or most issues, the judge will review the terms of the agreement and will usually sign the agreement and enter it as an order, so long as, if child custody is involved, the terms are in the children’s best interests.

When a couple agrees on the divorce terms, they may file for a joint, uncontested divorce. They both must detail their specific agreements on certain issues before the court grants the divorce. These issues include:

Child custody: The parents must include an agreement as to both legal and physical custody. The parents of a child can determine how they would like to split custody. Agreeing on child custody will significantly expedite the divorce process in court.
Child support: The parties must calculate their respective child support obligations under NAC 425 and determine which parent, if either, shall pay child support to the other. The parties may expressly waive child support after they have detailed the calculation.
Child expenses and insurance: Agreeing on how to divide the children’s school, extracurricular, and uninsured medical expenses as well as who will provide insurance coverage for the child will also accelerate the divorce process considerably.
Division of community property: Although the default is to split the community property equally between the spouses, some couples agree to a different approach. Spouses can come to a mutual understanding as to who needs what property and can list out the specific asset/account each person will keep.
Division of community debt: Similar to dividing community assets, the couple can agree on how they will pay off their accumulated debt.
Alimony: If the couple agrees on a monthly alimony payment based on the factors set forth above, they do not have to rely on the court to determine the alimony amount.
Name change: If either party changed their name upon marriage and wishes to change their name back to what it was prior to divorce, they must explain what their new name will be in the joint petition.
Keep in mind that any agreement you make with your spouse is subject to change later on, depending on new circumstances that arise. If this happens for you, call our legal experts at McFarling Cohen Fic & Squires. We review the terms of your settlement agreement, inform you of your legal options, and give you advice on how to move forward.

What to Expect when Deciding for a Divorce
Although obtaining a divorce is relatively straightforward, ending a relationship is rarely easy.

Divorces often have repercussions that last for years. Every case is unique, and you may face a series of changes after your divorce that affect the agreements or orders made in court.

Legal representation during this turbulent time is paramount. A reliable lawyer will make sure all of your bases are covered, even in an amicable divorce. If you and your spouse plan to negotiate your own terms for divorce, one of the expert divorce lawyers at McFarling Cohen Fic & Squires can help you preserve your rights.

If your divorce case becomes especially complicated or even just emotionally challenging, hiring an expert lawyer with thorough knowledge of divorce law in Nevada will help you clarify the issues and achieve the outcome you desire in your case. We represent you at a time when you need sound advice to move forward with your life confidently.