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- 1). Become a resident of Clark County for at least six weeks before you file papers for divorce proceedings. After filing, you will then have to wait another six weeks for the divorce to become final. If there are no complications, the process is completed. However, if there are children involved or one spouse does not agree to the divorce, the process will become more expensive and complex. Clark County courts require mediation and parenting courses if there are disputes. Although not required, it would be wise to consult an attorney to know your rights and options.
- 2). Realize that Nevada law considers the state (and the cities therein) to be a "community property" state. In such cases, assets usually are divided equally between the two parties filing for divorce. Preexisting prenuptial agreements are not typically recognized. Also, any debt obtained during the marriage is also split equally.
- 3). Consider your options. Annulment may be a more appropriate venue for dissolving a marriage. Different than divorce, an annulment makes it as if the marriage did not exist, at least in the eyes of the legal system. It also takes approximately six weeks, but the requirements are different than divorce proceedings and it is not guaranteed that the annulment will be granted. In order for this to be considered, there are some detailed requirements: either one spouse must be a resident of the state or the marriage had to have taken place in Nevada. In either case, there must be a detailed, specific reason for the marriage to be considered void. Some valid reasons are: intoxication, insanity or one spouse (or both) was underage.
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