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Divorce: the essentials

Posted by Gerard Dondero | Jan 09, 2024 | 0 Comments

In Nevada, the process of starting a divorce proceeding is relatively straightforward, but it involves several key steps. Here's a simplified walk-through:

1. **Residency Requirement**: Before filing for divorce in Nevada, at least one spouse must have lived in the state for a minimum of six weeks.

2. **Preparing the Documents**: The first step in initiating a divorce is to prepare the necessary legal documents. This typically includes a Complaint for Divorce, which outlines the grounds for divorce and any requests for things like alimony, child support, and division of assets. Nevada allows for both "no-fault" divorces, where irreconcilable differences are cited as the reason, and fault-based divorces, where specific grounds like adultery or abandonment are stated.

3. **Filing the Documents**: The prepared documents must be filed with the court. This is typically done at the District Court in the county where either spouse resides.

4. **Serving the Documents**: After filing, the other spouse must be formally notified of the divorce action, which is known as "service of process." This can be done through various means, like having a sheriff, licensed process server, or sometimes by mail.

5. **Joint Preliminary Injunction (JPI)**: In Nevada, when a divorce complaint is filed, a Joint Preliminary Injunction is automatically issued. This injunction is crucial for several reasons:
    - **Prevents Asset Disposal**: It prohibits both parties from selling, transferring, or borrowing against property, or making any major financial moves without the court's or the other party's consent. 
    - **Maintains Status Quo**: The injunction helps maintain the status quo regarding assets, debts, insurance, and other financial matters during the divorce process.
    - **Protection of Assets**: It ensures that the marital assets are preserved until the court can divide them.
    - **Avoids Unilateral Decisions**: It prevents either spouse from making unilateral decisions that could negatively impact the other spouse or children involved.

6. **Response and Further Proceedings**: The served spouse has a set period of time to file a response. If both parties agree on all terms, they can file a joint petition, making the process quicker and simpler. If they don't agree, the case might proceed to mediation or trial, where issues like asset division, alimony, and child custody will be determined.

7. **Decree of Divorce**: The process ends when the court issues a Decree of Divorce, officially dissolving the marriage.

It's important to remember that this is a simplified overview and each divorce can vary greatly depending on the circumstances. For specific advice or information related to an individual case, consulting with a qualified Nevada divorce attorney is recommended. This is for informational purposes only and not legal advice.

While the above steps seem simple enough --- and perhaps they are in the case of an uncontested divorce --- the fact is that you need a lawyer's help to initiate and successfully navigate a divorce as painlessly as possible in most cases. Accept no alternatives. Contact Good Law today and retain your rights.

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