3 Ways a Divorce Can Be Granted in Nevada
When people have decided that it’s time to end a marriage, they may be able to pursue an annulment, a legal separation or a divorce (depending, of course, on their situation and needs). If divorce is the preferred option, then similarly, there are three ways that a divorce can be granted in Nevada.
In Nevada, divorcing parties (who are not involved in an uncontested divorce) can obtain a final divorce decree via:
- Divorce by agreement – When the parties in a contested divorce are able to come to an agreement about all of the issues in their case, they can develop a final Decree of Divorce, detailing the agreements reached and signing this agreement. Typically, this Decree can be submitted to a family court judge for review and approval (without the need for a hearing).Here, we want to point out that divorce by agreement is different than jointly filing for divorce or an uncontested divorce, as divorce by agreement involves the parties disagreeing on at least one issue of their divorce at the outset of the case.
- Divorce by default – This will generally occur when the defendant in the divorce (i.e., the person who did not file the initial papers) fails to respond to the divorce complaint and/or summons. In fact, in Nevada, a response has to be filed within 20 days of the date on which the divorce papers were served.Divorce by defaults may also be granted when a spouse cannot be located (and, therefore, cannot be personally served with the divorce papers). For more info on what to do if you can’t locate your spouse to serve him or her with divorce papers, click here.
- Divorce granted at a trial or hearing – With this manner of obtaining a final divorce decree, the divorcing parties will proceed to trial (or a hearing) where the issue(s) in question will be presented to the court.Once all of the issues have been presented, the judge will issue final rulings for each issue (and will usually instruct one party to prepare the decree). The divorce decree in these types of cases won’t be finalized until the judge has signed it.