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2
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3
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4
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Divorce with a Lawyer
>$11,000On average
Divorce with a lawyer can be adversarial, lengthy, inconvenient and
costly
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They take longer to get finalized - up to a few years
Little or no control over the divorce outcome
Litigation ignites more conflicts between the parties
Prolonged court trials negatively affect children
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Online Divorce in Elko County
Please note: OnlineDivorce.com in Elko County, Nevada, is a divorce document preparation service, not a law firm. Online Divorce is not eligible to provide legal advice. All the information below is for informational purposes only.
Getting a divorce in Elko County has never been easier or cheaper than now when it is enough to do a simple questionnaire and get quick document preparation from OnlineDivorce.com. Initiate your own divorce without a lawyer and get it done in an efficient and thorough manner in Elko County.
Whether you are with or without children, an uncontested divorce is the easiest way to get your marriage dissolved. ‘Uncontested’ means that the spouses literally refuse to contest issues such as child custody, marital assets, and support issues, instead of settling on an amicable agreement suitable for all the parties involved. In such a case, it is possible for the spouses to make do without legal representation, which dramatically reduces the cost of divorce. However, even if you hit a hitch in your divorce process, having no contest means that you can address it through mediation or an attorney consultation without going to trial.
OnlineDivorce.com has many years of experience in assisting divorcing couples to complete and file divorce forms timely and efficiently in Elko County. You do not have to worry about obtaining the wrong court forms required specifically for your family situation (with children or without minor children, with or without marital assets, etc.) or about filling them out incorrectly. Just follow our easy step-by-step process, and we will complete all the forms necessary for your filing procedure and keep your private information secure at all times.
OnlineDivorce.com also provides filing instructions and gives you guidance on Family Law and local rules in Elko County. Being knowledgeable about the divorce process and the required steps in Elko County is one of the keys to finalizing your dissolution of marriage successfully and inexpensively. As soon as you learn how to get a divorce in Elko County, you will realize that you can have a DIY divorce easily and affordably.
Valid grounds to get divorce in Elko County
Typical fault-based grounds for divorce include abuse, alcoholism, and imprisonment during the marriage. However, Nevada is known as a ‘pure no-fault state’, and as such, Nevada doesn’t recognize fault-based grounds for the breakdown of the marriage. It is enough for a divorcing couple to cite irreconcilable differences or incompatibility to get a dissolution of their marriage.
In addition to the common irreconcilable differences, the other two grounds are living separate and apart for at least one year and legal insanity of the other spouse for at least two years.
To prove that the spouses have lived separate and apart for over a year, either spouse should provide a copy of a lease agreement for a new home or testimony from friends or relatives. If both parties agree to divorce on the grounds of separation in Elko County, the court will accept their joint statement about living separate and apart.
The insanity grounds must be accompanied by medical or psychological evidence.
Divorce in Nevada
Custody of the child in Elko County
Regarding child custody in Elko County, NEV. REV. STAT. §125C - Custody And Visitation states that joint custody is the most preferable option and meets the best interests of the child unless otherwise specified. This means that each parent automatically has physical custody (where the child lives) and legal custody (decision making regarding school attendance, education, religion, medical treatment, and other major issues) in equal measures.
However, either the parents or the court can decide in favor of sole custody or primary custody for one of the parents. For example, the parents can reach an agreement where one parent gets primary physical custody and both parents share legal custody. The judge will accept such an arrangement if he or she determines that it is in the best interests of the child.
If, however, the judge sees that the circumstances are unfavorable (one parent is abusive or fails to appear in the court or otherwise expresses reluctance to see the child), he or she may decline the agreement reached by the parents and determine a different arrangement according to the best interests of the child.
Thus, the court takes into consideration many factors and makes an informed decision when awarding child custody in Elko County.
Divorce in Nevada
Rules for child support in Elko County
Typically, it is the noncustodial parent who is obliged to pay monthly child support. In Elko County, the minimum child support amount is $100 per month per child. However, the court takes into account the noncustodial parent's income, as well as childcare, educational expenses, medical costs, and health insurance, to determine the amount of child support payments.
Instead of the more common income share method adopted in many other states, Elko County uses the "percentage of income" method to calculate child support. Typically, the percentage of income method uses a percentage of the non-custodial parent's income, varying to include changes in the non-custodial parent's gross monthly income. Depending on the number of children being provided for, the percentage increases. Thus, it is 18 percent for one child, 25 percent for two children, 29 percent for three children, 31 percent for four children, and an additional 2 percent for each additional child after that.
If the monthly support payment deviates from the formula indicated in NRS 125B.070, the court must provide a written explanation for it.
In Elko County, the state child support agency handles enforcement of support orders and child support arrears. The state child support agency is authorized to collect child support arrears through withholding of welfare benefits, bank levies, wage garnishments, and other methods.
Unlike spousal support payments in Elko County, child support payments are not tax-deductible. This means that child support is not taxable income for the payee, nor is it deductible for the payor.
Divorce in Nevada
Rules for spousal support in Elko County
In Elko County, according to NEV. REV. STAT. § 125.150, the court may order the higher-earning spouse to pay monthly spousal support (referred to as alimony) to the lower-earning spouse to help them get financially independent while maintaining the standard of living established during marriage.
Whether awarded as a one-time amount or monthly- or quarterly-based payments, alimony is calculated taking into consideration the length of the marriage as well as a number of other factors, such as division of marital assets, each spouse’s sources of income, employability, health, age, and education. Also, the court will look into how much the higher-earning spouse contributed to the education or training of the less earner.
The amount of the alimony payments can be revised or reconsidered if either spouse experiences any major changes to their circumstances. However, if the receiving spouse remarries, spousal support payments stop.
Divorce in Nevada
Property division in Elko County
How is property divided in a divorce depends on whether the state prefers to divide assets under equitable division law or community property law.
According to NEV. REV. STAT. § 125.150, Nevada is a community property state, which means that the real estate, income, debts, investments, and other purchases acquired during the marriage are divided 50/50 between the spouses. The term ‘community property’ implies that everything that the spouses own is divided equally between them, except for gifts, inheritances, and separate property acquired before the marriage or after separation.
In Elko County, spouses can decide on a more preferable manner of property division in a settlement agreement then submit their agreement to the judge to review. In most cases, the judge will approve the proposal so long as it is fair and equitable. Additionally, the state of Nevada recognizes the concept of ‘partial community property’ if one spouse made significant contributions to property otherwise considered separate. In some cases, the other spouse’s contributions have been so considerable that the court may rule it fully community property. Such issues are negotiated during the divorce.
As for the factors pertinent to property division in a divorce, Nevada has no list of determined factors, leaving it up to the judge to rule each divorce case individually. However, Elko County courts do not consider non-monetary contributions of the spouses (such as domestic chores, childcare, etc.) when determining property division, but they do take economic misconduct of a spouse (such as loss of marital assets, wasting of funds, gambling, excessive spending, etc.) into account.
It is also important to note that the state of Nevada regards a prenuptial agreement containing property division clauses as more decisive than the state’s property division laws.
If your spouse fails to comply with a court order on property division in Elko County, he or she will be charged with contempt of court. To learn how to proceed, consult a divorce attorney.
Divorce in Nevada
Mediation support in Elko County
According to NEV. REV. STAT. § 38.255, divorce does not fall under mandatory arbitration. However, the court can mandate mediation to help divorcing couples resolve their issues without going to trial. For example, before the judge awards custody according to his or her determination, the couple can use mediation to try to agree on a custody arrangement.
In Elko County, mediators typically charge less than lawyers and help divorcing couples handle divorce-related issues in a less emotionally painful manner by showing available options and keeping in mind the interests of both parties.
Divorce in Nevada
How to file for divorce in Elko County | Step-by-Step
1
Check out your eligibility. Before you start doing your divorce paperwork, make sure you or your spouse meet Nevada residence requirements. Either spouse must have lived in the state for at least six weeks before filing a petition for dissolution of marriage in Elko County.
2
Clarify where to file and obtain the forms. If you are the petitioner (the spouse who initiates a divorce and files divorce papers), you can file in one of three counties: the county where you live now, the county where your spouse currently lives, or the county where you used to live during the marriage. Court forms can be obtained from a district court in the county where either you or your spouse lives. Or you can get the printable forms online on OnlineDivorce.com.
3
Fill out the court forms. A Decree of Divorce is the main form to fill out. If you get the forms from the district court, you will let the court staff know whether you intend to submit a joint petition, if there are minor children, if you and your spouse cannot resolve divorce-related issues, if you are eligible for a fee waiver, whether you need temporary court orders, etc. For each situation, you will be given a form to complete and file. Besides this, Nevada provides a summary divorce, in which case you need to fill out an affidavit and a settlement agreement. Remember to keep three copies of all your documents and notarize your signature on each document. However, clarify beforehand at your local courthouse how many copies they will need. It may vary from county to county.
4
File the forms with the court. Bring the divorce paperwork to the district court in the county you chose and file it with the court’s clerk. You will be charged for filing. If you cannot afford the filing fees, apply for a fee waiver by submitting an “Application to Proceed In Forma Pauperis.” Based on the information about your income and employment, the court will decide if you qualify for a fee waiver. If you and your spouse file a joint petition for divorce, you will both have to fill out and file separate fee waivers.
5
Serve your spouse. Unless you and your spouse filed a joint petition, you are obliged by law to ‘serve’ the divorce papers to your spouse (referred to as the defendant). However, you cannot do this personally. You can either ask a friend or family member to do it or hire a third party (a professional service server or a sheriff or certified mail). In any case, you need the individual who did the serving to give you a proof of service which you will file with the court. If you do not know the location of your spouse and you did all you could to find him or her, you can request permission from the court to provide service by publication. If granted, you can publish a notice of your divorce in a local newspaper and see if the missing spouse responds.
6
Wait for the response. After being served, the defendant has 20 days to respond. They can respond by filing just an Answer to Complaint for Divorce or both an Answer and Counterclaim detailing his or her terms. If you served your spouse but he or she fails to respond within 20 days of receiving the divorce papers, you can request a divorce by yourself referred to as default divorce. In such a case, the court will grant everything that the petitioner asked for in the Complaint.
7
What happens next depends on you. Nevada has no waiting period for finalizing a divorce. Therefore, the fastest way to have a divorce finalized is to reach an agreement with your spouse. If you and your spouse sorted out all terms of the divorce (custody, support, division of property) and memorialized it in a written agreement, you must file the agreement with the Final Decree of Divorce. If you’ve done this, you do not need to attend a hearing and the judge will approve your agreement as is. If, however, there are unresolved issues left, Elko County courts cannot finalize your divorce until you address them fully. Use mediation or attorney’s assistance to settle custody, support, alimony, and property issues as soon as possible. For those who are having a do-it-yourself divorce, each state provides self-help resources.
8
Obtain a Decree of Divorce. In Elko County, a divorce is not finalized until the judge signs the final order called the Decree of Divorce. Depending on the divorce case, to finalize a divorce, a Decree of Divorce must be filled out by both spouses or just the petitioner. In case of a default divorce, the petitioner completes the decree. In case of a joint petition, both the petitioner and the defendant sign the decree. In case of a hearing, the petitioner completes the decree carefully including everything that the judge ordered at the hearing.
Divorce in Nevada
Filing fees for divorce in Elko County
Generally, filing for divorce together is slightly more expensive than filing on your own. In Elko County, NV, filing fee and associated costs average $326 for a Joint Petition and $364 for a Complaint.
However, in forma pauperis is available in each county for low-income households who qualify for a fee waiver.
CALCULATE YOUR ESTIMATE
Court Filing Fee Estimator
Please note that the divorce filing fee calculator provides an estimate of the
costs associated with filing for divorce in your jurisdiction. These fees are
paid directly to the courthouse and are a mandatory part of the divorce
filing process. The actual amount may vary depending on specific court
requirements and any additional services you may need. It is important
to understand that these fees are due at the time of filing your divorce
documents and are essential for the processing and handling of your case.
Please contact your local courthouse for the most accurate and up-to-date
information regarding divorce filing fees in your area.
We apologize for the inconvenience, but the filing fees for ,
are currently unavailable.
In some counties, specific filing fees for divorce cases may not be
readily accessible or may vary based on individual circumstances.
As a result, we are unable to provide an accurate estimation of
the fees at this time.
We recommend reaching out to your local courthouse or consulting
with a legal professional in your area for assistance in determining
the applicable filing fees for your divorce case.
A Elko County divorce requires at least 42 days. However, if the spouses cannot agree on custody, support, and/or property issues, the length of the divorce process increases and can end up taking over a year.
Thus, the divorce timeline in Elko County, NV largely depends on the spouses and their ability to agree.
Frequently Asked Questions
How much does a divorce cost in Elko County, NV The cost of divorce largely depends on the couple’s capacity to negotiate and agree. At the lowest end of divorce-related expenses are filing fees along with notary fees and fees for copying documents. At the highest end are expenses for attorneys and mediation which can total up to $15,000 to $20,000, depending on the complexity of a case. Also, remember to include fees for appraisal of property, parental education classes, insurance, and pension planners, etc.
How to file for divorce in Elko County, NV without a lawyer? If a divorce case is uncontested, the spouses can truly do it on their own in Elko County, completing court forms according to instructions and customizing a settlement agreement from the Internet. Spouses who can resolve custody, support, and property division issues on their own will find OnlineDivorce.com as a very useful resource for completing the paperwork, eliminating the bulk of the work.
What forms are required for an uncontested divorce in Elko County, NV? Usually, a Nevada divorce with children requires more forms because of the need for additional information related to child custody, support, and visitation. For a joint petition in Elko County, the spouses complete and file a Decree of Divorce, Affidavit of Resident Witness, Certificate of Service or Waiver, and Child Welfare and Identification Sheet (for families with children). For a single petition in Elko County, the petitioner completes and files a Complaint of Divorce, Decree of Divorce, Affidavit of Resident Witness, Certificate of Service or Waiver, Child Welfare, and Identification Sheet (for families with children), and Summons. As for the rest of the court forms, a court clerk or a documents preparation service will tell you what else you need to submit in your particular case.
Can I file for legal separation in Elko County, NV? Yes, in Nevada, legal separation is referred to as ‘separate maintenance.’ To file for separate maintenance in Elko County, the petitioner is required to prepare paperwork similar to a divorce case. You will need to file the paperwork, decide how to serve the spouse, and agree on the terms. The court places final orders for child custody, child support, alimony, and marital assets. Generally, legal separation is similar to a divorce in all aspects except for the fact that you remain legally married. A couple can turn legal separation into divorce any time by filing for divorce. Legal separation does not allow for the parties to remarry.
When is it allowed to remarry after a divorce? There are no restrictions for newly divorced people in Nevada. As soon as the couple in Elko County gets the final decree of divorce, either spouse can get married immediately.
Divorce in Nevada
Here is how OnlineDivorce.com makes completing divorce papers easier:
We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
