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Nevada Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Nevada. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Nevada, certain forms may or may not be required by the Nevada courts.
A Joint Petition with Children or a Joint Petition without Children, depending upon the situation, may be filed when both spouses agree to a summary divorce. The Joint Petition details the history of the marriage, division of assets and liabilities, spousal support (if any) and the terms and conditions of custody, visitation and child support, if applicable. The Joint Petition must be verified by each spouse and notarized, and it must be submitted with a notarized Affidavit of Resident Witness, which authenticates the residency of the party.
Affidavit of Resident Witness
The Affidavit of Resident Witness, signed by a resident of Nevada and notarized, attests to the fact that at least one party in a divorce is a bona fide resident of the state.
Joint Preliminary Injunction
The Plaintiff may file for a Joint Preliminary Injunction, which prohibits both the parties from dissipating marital assets, harassing each other, and in the case of marriages with children, from improperly removing these minors from Nevada.
Family Court Cover Sheet
The Family Court Cover Sheet identifies the parties and the type of action.
Complaint for Divorce with Children or Complaint for Divorce No Children
The Complaint for Divorce with or without children, which must be verified and notarized, establishes the residency of the Plaintiff, the history of the marriage, the grounds for the action and the requested relief, including the terms and conditions of asset and liability division and distribution and alimony, and, if there are children, the terms and conditions of custody and visitation and child support.
The Summons informs the Defendant that he or she has been sued and gives him or her 20 days to file an Answer or face a Default Judgment against him or her.
Acceptance of Service of Summons and Complaint (Domestic)
Either the Defendant or his or her attorney signs the Acceptance of Service of Summons and Complaint, which must be notarized. Signing the Acceptance of Service of Summons and Complaint means the Defendant has been properly served the divorce papers.
Affidavit of Service
The Affidavit of Service, signed by the person delivering the summons and Complaint, proves that the Defendent was properly served the divorce papers. The Affidavit of Service enters the record of the case.
Answer and Counterclaims
The Defendant, who wishes to respond to the Complaint for Divorce, files one of three forms, depending upon his or her situation and divorce strategy. They are as follows:
> An Answer to Complaint for Divorce (No Counterclaim), in which he or she admits and/or denies allegations in the Complaint, or states that he or she is without "sufficient information to form a belief about the truth or falsity" of the allegations, but asks that the marriage be ended.
> An Answer to the Complaint for Divorce and Counterclaim (With Children), or, if there are no children, an Answer to Complaint for Divorce and Counterclaim (With No Children). In both of these, the Defendant admits and/or denies allegations in the Complaint and makes Counterclaims about the action and asks that the marriage be ended. The Counterclaim is a counter divorce action filed by the Defendant in which he or she proposes terms and conditions to the division and distribution of marital property and debt and, if there children, custody and visitation. In all cases, the Answer to the Complaint must be verified and notarized.
Decree of Divorce
The Decree of Divorce (No Children) or Decree of Divorce (With Children), as the case may be, spells out the terms and conditions of the divorce, including the manner of disposition (hearing or summary), service, manner of disposition, the satisfaction of the residency requirements, history of the marriage, spousal support, if applicable, and the division and distribution of assets and liabilities, and, if applicable, children's information (custody and visitation, support and insurance).
Notice of Entry
After the Divorce Decree has been handed down, the Notice of Entry, filed by the Plaintiff, puts the Defendant on notice that the Decree has been handed down.
Request for Summary Disposition of Decree of Divorce
The Request for Summary Disposition of Decree of Divorce may be filed by either the Plaintiff or by the Defendant if the Defendant has filed no Counterclaim.
When the action moves along this course, the case does not require a hearing.
Affidavit in Support of Summary Disposition for Decree of Divorce
The Affidavit in Support of Summary Disposition for Decree of Divorce supports, and is filed in conjunction with, the Request for Summary Disposition for Decree. It establishes that the Defendant has been properly served; that the marriage is broken down; that property and debt has been been distributed fairly; that "provisions regarding custody, visitation, child support and medical insurance outlined in the Decree are fair, are in the child(ren)'s best interest, and meets the child(ren)'s financial needs."
Application to Waive Fees and Costs (Filing Fees/Service Only)
An indigent party may apply for a waiver for the fees and costs associated with filing a divorce. The application requires a disclosure of income and living expenses.
Order Regarding Waiver for Fees and Costs (Filing Fees/Service Only)
The Order Regarding Waiver for Fees and Costs waives the filing and service fees when the court approves the Application to Waive Fees and Costs (Filing Fees/Service Only).
The court may award alimony to either spouse. A spouse seeking to obtain alimony must specifically request it in the complaint. In determining the need, duration and amount of maintenance, the court considers the faults and merits of each spouse (Nevada is one of only a few states that consider the misconduct of a spouse), the financial condition of each spouse after the divorce, the actual ownership of property being used for spousal support, the need of support for schooling, training or education in order to get a job, career, or profession, and the career enhancements obtained during the marriage as a result of efforts by the spouse requesting support.
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