Blog / Divorce

What Are the Steps to Filing for Divorce?

If you intend to get divorced here in Nevada, there are some specific steps you'll need to go through. It's always easiest and smoothest to get through the process with a divorce attorney in Reno, NV on your side.

Work With a Divorce Attorney in Reno, NV

Divorce is a lot more complicated than television makes it look, and an attorney with experience in Nevada law and the local court system will be able to help you understand your rights, how to protect them, and the likelihood of things going smoothly. If your case is it all contentious, it's always wise to have an attorney.

Finally, don't forget that the process does tend to drag on. That's just the nature of the law. As you get tired, it becomes tempting to agree to things you may regret later simply because you want the process to be over with. If you have a divorce lawyer, your lawyer can take care of these things and shoulder the burden for you.

Filing Forms With the Court

If you and your spouse are in agreement about all the details, then you can file a joint petition for an "uncontested divorce." You can file a joint petition like this with or without children, though the details will be a little different in both cases. Just be sure that you and your spouse agree on spousal support, child support, custody and visitation, as well as all property issues (you need to agree both on what property is separate and what is marital property as well as how to divide the marital property).

If you don't agree, which is actually the most common situation, then you have to file your own divorce petition. This is a contested divorce, and you can choose to divorce on the basis of "incompatibility," which just means that you and your spouse can no longer get along. However, if you wish, you can also give grounds for the divorce, such as abuse or abandonment. If you can prove these grounds, it can make a positive difference in your case in terms of support or the division of property.

Serving Your Spouse

If you are filing for a contested divorce, you are then responsible to serve your soon-to-be ex spouse with the divorce complaint. This can be done by law enforcement, or you can hire a private process service. However, the person who serves your spouse must be a neutral third party.

Finishing Up

In an uncontested divorce filed jointly, it's possible the court may sign off on it in less than two weeks, especially if you had a lawyer look it over to ensure the court will find your arrangements reasonable. If it's a contested divorce, your spouse will have 21 days to respond. Once they have, you both have 30 days to disclose all your finances. At that point, you will begin hearings, mediation negotiations, and, if you can't agree through mediation, you'll go to court. The good news is that most divorces are settled through mediation.

If you're planning on getting divorced, contact the Barber Law Group in Reno, NV today for competent and experienced help.

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How Divorce Works in Reno, Nevada: A Step-by-Step Guide

Navigating the divorce process can be overwhelming, especially when you are unfamiliar with local laws and procedures. If you're considering a divorce in Reno, Nevada, this guide aims to clarify the steps involved, ensuring you feel informed and prepared. Understanding Nevada's Residency Requirements Before you can file for divorce in Nevada, you or your spouse must meet the residency requirement. According to Nevada Revised Statutes (NRS) 125.020, at least one party must have been a resident of the state for a minimum of six weeks before filing for divorce. Additionally, a resident witness must provide a declaration to confirm this residency. more Grounds for Divorce Nevada is a no-fault divorce state, meaning you don't need to prove wrongdoing by either party. The most common grounds for divorce are incompatibility or living apart for more than a year without cohabitation. Filing for Divorce in Washoe County For residents of Reno, filing for divorce involves several steps, primarily taking place at the Second Judicial District Court in Washoe County. Here's a breakdown of the process: 1. Obtain and Complete Necessary Forms Washoe County provides specific packets for divorce filings, depending on your situation: Joint Petition for Divorce (With or Without Minor Children) Complaint for Divorce (With or Without Minor Children) These packets include all necessary forms and instructions. You can download them from the Washoe County Courts website or obtain them at the court's Resource Center. 2. Electronic Filing (eFlex) All divorce documents in Washoe County must be electronically filed using the eFlex system. To do this: Create an eFlex account online or at the court's Resource Center. Complete the Family Court Information Sheet and other required forms. Upload the completed documents to your eFlex account. 3. Filing Fees The filing fee for a divorce in Washoe County is $284. If you cannot afford the fee, you may request a waiver using the F-6JP Joint Petition to Waive Fees and Costs. 4. Serving the Divorce Papers Once the documents are filed, you must serve the divorce papers to your spouse. If both parties agree, this step is straightforward. However, if your spouse is uncooperative or difficult to locate, you may need to seek legal counsel for assistance. 5. Awaiting the Court's Decision After filing, a judge will review your documents. For most cases, especially those filed as joint petitions, the review process can take up to 60 days. If all documentation is in order and both parties are in agreement, the divorce decree will be issued without requiring a court appearance. Additional Considerations Parenting Class: If you have minor children, you may be required to complete a parenting class. Financial Disclosures: Both parties must disclose their financial situations, including assets and debts. Mediation: If there are disputes regarding property or child custody, mediation may be a necessary step. Seeking Legal Assistance While the process is designed to be straightforward, legal matters can become complex. It's advisable to consult with a Reno divorce attorney to ensure your rights are protected and the process is handled correctly. The Barber Law Group offers comprehensive legal services to guide you through each step of your divorce. For personalized advice and assistance, don't hesitate to contact us at Barber Law Group. We're here to help you navigate this challenging time with clarity and confidence. Remember, each divorce case is unique, and having professional guidance can make a significant difference in the outcome. Whether you're just starting the process or need help finalizing the details, Barber Law Group is ready to assist you every step of the way.

What Should I Expect During a Divorce Consultation?

When you begin thinking about divorce, one of the first legal steps is often scheduling a consultation with an attorney. This meeting gives you the opportunity to share your situation, ask questions, and get legal guidance based on your unique circumstances. While every divorce consultation in Reno, NV, is different depending on the facts involved, there are some common elements that most initial meetings include. A Discussion of Your Marital Background and Concerns At the start of your consultation, we’ll ask for general information about your marriage—such as how long you’ve been married, whether you and your spouse still live together, and what led you to consider divorce. Whether your concerns involve property division, parenting issues, or financial support, we listen carefully and without judgment. If you have children, we’ll talk about current custody and visitation arrangements, decision-making responsibilities, and whether any urgent issues may require court involvement. We’ll also cover short-term living arrangements, access to joint finances, and the need for temporary support while your case is pending. more A Review of Your Financial Situation We’ll also discuss your financial picture, including income, property, debts, and expenses. Nevada is a community property state, meaning most property and debts acquired during the marriage are jointly owned. To provide sound legal advice, we need to understand what you and your spouse own together and what may qualify as separate property. This conversation may include real estate, bank accounts, retirement funds, credit card balances, and any major assets or liabilities. If you or your spouse owns a business, we’ll discuss valuation and how it may be handled during the divorce. You don’t need to bring every document, but having a basic overview of your finances helps us guide you more effectively. An Explanation of the Legal Process in Nevada Another key part of the consultation involves explaining how divorce works under Nevada law. We’ll walk you through the basics of filing, service of process, and jurisdiction. We also explain how community property is divided, how spousal support may be determined, and how the courts handle child custody and support matters. If your divorce is likely to be contested, we’ll talk about timelines, court hearings, and the potential for mediation or trial. You’ll have the chance to ask questions about temporary orders, how long the process might take, and what your role will be at each stage. A divorce consultation can offer clarity on your legal standing and help you feel more prepared for what’s ahead. You’ll leave with a better understanding of your options and the next steps to take. If you’re considering divorce in Reno, NV, and need trusted legal advice, schedule a consultation today with Barber Law Group.

How Can a Divorce Attorney Help With Division of Assets?

Divorce is a complicated process even before you get around to dividing your assets, and the last thing you want while navigating an emotional transition is to get into a drawn-out fight over what is fair. No matter the size of your estate, your divorce attorney in Reno, NV will help you navigate the complexities of asset division so you can focus on preparing for the next stage of your life. Dividing Community Property Nevada is a community property state, meaning that all assets and debt acquired from the moment of marriage are considered owned by both you and your spouse. Upon divorce, community property is split 50/50 regardless of whether it was acquired jointly or under one spouse's name. Community property could include your income and retirement funds, joint bank accounts and credit cards, loans, real estate, and more. more You may end up selling community property like cars and houses and splitting the profits under your divorce agreement. Depending on your situation, you could also divide your real property: A spouse with full custody may be awarded the marital home, for instance, while the other spouse is awarded remaining assets equal in value. Determining Asset Value Your attorney can work with you to determine the value of your community assets and debt to ensure equitable division between you and your spouse. Something like a joint savings account may require only a simple calculation to divide, but assets like vehicles and real estate properties are more complex. Protecting Separate Property You may also have separate property to consider when looking at your assets. Nevada considers separate property to be anything you owned before your marriage or after your legal separation, and it remains yours upon divorce. Separate property might include inheritances, gifts, and settlements received by one spouse; property purchased through a separate account; or assets set aside via written agreement (such as a valid prenuptial or postnuptial agreement). One spouse's separate property may be deemed community property if it commingled with community assets during the marriage; for example, if you used your separate pre-marriage bank account to pay household bills. In this case, the asset would be divided 50/50 along with the rest of your community property. Identifying Hidden Assets You may suspect that your spouse isn't being straightforward about their assets. If this is the case, your attorney can help you identify potential legal options for tracking down hidden assets and dividing them equitably. Speak With a Family Law Attorney in Reno, NV Even in a community property state like Nevada, dividing assets can be tricky. Dedicated family law attorneys understand the importance of handling asset division with compassion and care, regardless of how complex your case may be. Even if your community property division will be relatively simple, your attorney can make sure that all of your legal bases are covered. Getting divorced is difficult enough without having to stress about safeguarding your financial wellbeing. Whether your separation is amicable you're worried about a contentious process, having an experienced attorney in your corner will help ensure the process goes as smoothly as possible. If you're going through a divorce, reach out to Barber Law Group in Reno, NV for a consultation.