With a settlement, discovery is generally not needed. Rather than an official exchange of information, both parties will communicate with each other in an effort to reach an amicable divorce agreement, otherwise known as an uncontested divorce.
In the United States, can a person obtain a divorce without the spouse's knowledge? Yes. It's far more complicated than doing it with the spouse's knowledge, but it can be done. Usually, it's done because one spouse left and has had no communication with the other for several years.
It requires a full disclosure of each spouse's assets, debts, and any other information that could be relevant to a couple's divorce case. Discovery can also provide each side with a solid legal foundation for any evidence that could be presented in court or used in settlement negotiations.
The discovery process can play a foundational role in any divorce case and play a crucial role in gathering extensive financial details of both parties. This process, typically initiated by legal counsel, can take a considerable amount of time to finalize, often lasting several weeks to months or longer.
Unlike in a divorce where a spouse has to allege a reason or “ground” for divorce, the dissolution petition lists the reason for dissolution as “Our marriage has broken down and we no longer want to be married.” In the law, the technical language for this is “incompatibility of temperament has caused the irremediable ...
Typically, a divorce can take anywhere from a few weeks to several months to be finalized. A knowledgeable family lawyer in Reno, Nevada can assist in streamlining divorce proceedings.
File papers with District Court: Submit your divorce paperwork to the district court clerk's office in the county where you or your spouse reside or where you last lived together. Filing fees will vary by county but range between $250 and $300. In Clark County as of 2022, for example, it was $299 as of 2022.
If you are ready to file for divorce but your spouse is not willing to sign the divorce papers, you can file for divorce by yourself. There are certain forms you must fill out and file with the court to open a divorce case. Instructions and all the forms you need to open a divorce case are in this section.
A power of attorney document lets you choose a trusted friend or relative to help you by acting on your behalf. This help can be with your finances and/or health care decisions, for example. Powers of attorney can be written to take effect immediately, or to take effect only when you are unable to manage your affairs.
Getting information from the other side. You use discovery to get information or evidence from the other side in a lawsuit that will help you make your case. In order to get the information you need, you must make a request using a specific procedure and written format, within a specific timeframe.