Theodore Williams - Las Vegas Divorce Lawyer

How do you get a divorce in Nevada?

There are two types of divorces: Uncontested, where both parties agree to all terms and file a Joint Petition for Divorce with the Court together; and Contested, where either the husband or wife files a Complaint for Divorce with the Court. The person who files the Complaint is the Plaintiff and the Complaint is served on the other party, the Defendant. The Defendant then either responds to the Complaint by filing an appropriate court document (usually an answer, but there are other forms of pleading) and the matter progresses through the court system, or fails to respond in which case a default is taken and the divorce proceeds without the Defendant's input.

Prior to obtaining a divorce in Nevada, one of the divorcing parties must establish Nevada residency. This includes residing in the State of Nevada for at least six (6) weeks prior to the commencement of any divorce proceeding. An individual must have the intent to permanently reside in the State of Nevada at the time the divorce action is filed. Residency means having a physical presence in Nevada although an individual would not be precluded from working outside the State while he or she is establishing residency, as long as he or she is actually physically residing in the State.

To verify residency, an Affidavit of Resident Witness is required to be filed in a divorce proceeding. This Affidavit is executed by a Nevada resident; who has been a Nevada resident for at least twelve (12) months and who can state under oath that they are acquainted with the individual seeking the divorce and personally know that individual has resided in the State of Nevada at least six (6) weeks prior to the commencement of the divorce action.

The State Bar does not certify any lawyer as a specialist or expert. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.