How to File for Divorce in Las Vegas

For decades, Las Vegas has been known as the "Wedding Capital of the World." However, it also has the image of being a city known for easy divorce processing compared to other states. While there are aspects of easier divorce processing in Las Vegas, there are a number of legal concerns including settlements on properties and debts that couples filing for divorce should take into consideration as well.

Instructions

1

Establish residency in Clark County, Nevada (Las Vegas is within its jurisdiction) for at least six weeks. The residency can be established for just one of the parties involved prior to the filing of divorce. You must prove your residency by providing a Resident Witness Affidavit from another resident of legal age stating that you have been living in Las Vegas for at least six weeks. The witness may be a relative, neighbor, friend, co-worker or an employee of a lodging establishment.

2

Fill out the forms. You can buy kits with all the forms and instructions needed in filing a divorce. This saves you time instead of going to the court right away. While it is not required, you may choose to consult an attorney so you can fully understand your options. Divorce grounds should fall under any one of the following: bigamy; incompatibility and irreconcilable differences; fraud; living separate and apart; and force or duress.

The primary documents you need are the Complaint for Divorce and Decree of Divorce. There are anywhere between 10 to 20 other documents that may be required throughout the filing process on a case-by-case basis. Other documents typically required are the Civil Cover Sheet, Family Court Cover Sheet, Marital Settlement Agreement, Affidavit of Resident Witness Form and Certificate of Mailing.

3

Go to the Clark County court to file your case. If you are the one filing the divorce, you are called the "Plaintiff." The non-filing spouse, whether agreeing to the divorce or not, is called the "Defendant." The court assigns a case number. Filing the case allows the court to have jurisdictional rights to facilitate and grant the orders concerning, but not limited to the property and debt division, support, custody and visitation. The court clerk or his assistants will help you manage the requirements and they will inform you of any additional requirements specific to your case, along with the hearing dates and times.

If there are no complications and both parties agree to file a divorce in accordance to all stipulations under the law (assets and liabilities are generally divided equally and prenuptial agreements are not usually recognized), the divorce can easily be processed. If there are children involved or one spouse doesn't agree with the divorce or there are disputes in the division of properties and debts, the process becomes longer, more complicated and more expensive. If there are disputes concerning children, the court requires mediation and parenting courses.

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