Nevada Divorce Worksheet and Law Summary for Contested or Uncontested Case of over 25 pages - Ideal Client Interview Form
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You and your divorce attorney will simply have to file a Petition for Dissolution of Marriage with the courts. This can be done without a spouse's signature.Assuming your spouse has still refused to show, the court will generally grant the reasonable requests of whichever spouse has appeared at the default hearing.
The average cost of a contested divorce is $5,000 per spouse, and takes about 6 months. Some contested divorces can cost $15,000 or more per spouse and take 12 months or longer. Here is the basic process of a contested divorce. One spouse hires a divorce lawyer to file divorce documents with the court to open the case.
State and local rules may vary, but generally, if your spouse failed to respond to your divorce petition within 30 days, you may file a request to enter a default along with a proposed judgment. It may also be allowed when a spouse can't be located for service. The court will set a hearing date and ask that you appear.
Usually, the person who applies for a divorce (also known as the 'petitioner') has to pay the fee.
For unreasonable behaviour, the couple will split the costs 50/50. For separation or desertion, the petitioner will pay 100% of the costs.
A contested divorce is accomplished by filing the divorce papers and then serving your spouse with them. Uncontested divorces are easier because both spouses agree on all the issues such as child custody, child support, division of marital assets, and alimony.
In general, an uncontested divorce (called a joint petition in Nevada) can be over within one-to-three weeks. But a contested divorce is rarely over in less than three months. And if the assets are particularly complex, it can take significantly longer. In any case, Nevada has a six (6) week residency requirement.
As a general rule, a wife cannot force her husband to pay for their divorce. Each party in the divorce action pays for his or her attorney fees and costs. However, there are circumstances in which a judge may order a husband to pay the wife's attorney fees and costs.
When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction.