1. What Reasons Do I Need for Filing for Divorce?
Nevada is a no fault state, which means that you can simply cite incompatibility as a reason for your divorce. You do not have to prove infidelity or abandonment to be able to secure a divorce.
2. How Long Do I Have to Live in Nevada Before I Can File for Divorce in this State?
As long as one of the parties to the divorce has lived in Nevada for at least six weeks, you are able to file in Nevada for divorce. Even if you decide to file a joint petition for divorce, only one of the parties is required to have lived in Nevada for at least six weeks prior to the filing.
3. How Long Do I Have to Wait After Filing for Divorce to Start Dating?
Because Nevada is a no fault divorce jurisdiction, the fact that you begin dating again after your divorce is filed will not prevent you from receiving your divorce. Be ware, however, that you cannot legally remarry until the divorce process is finalized.
4. Do I Have to Stay in Nevada If I Retain Custody of My Children During the Divorce?
The short answer is yes, unless you obtain a court order or written authorization from the other parent permitting you to travel or reside with your children outside of the state during the divorce proceedings. However, if you choose to move with your children before you file for divorce in Nevada, the presumption is that the other parent consented to you moving the children outside of the state and a court order or written permission from the other parent is not necessary to keep living outside of Nevada while the divorce is finalized.
5. What are the Costs Associated with Filing for Divorce?
In addition to any attorneys’ fees, you will be required to pay the court costs associated with filing the forms to initiate the divorce process. This does not account for any alimony or child support you may be required to pay. Awards of alimony and child support depend on your specific circumstances, and there is no bright line rule to determine whether you will be responsible for these expenses. An experienced Nevada divorce attorney will be able to help evaluate the circumstances of your divorce filing and offer a better of understanding of whether you should anticipate being responsible for these fees in the divorce.
Before you venture forward in the process of filing for divorce, the safest course is to consult with an experienced divorce attorney in the Las Vegas area. Having the advice of competent counsel is the best insurance policy against making any rash decisions that you could pay for later. The sooner you involve an attorney in the process, the more likely you will avoid costly and time-consuming mistakes in filing for your divorce.