How to File Divorce Papers and What to Expect Next
Learn the practical steps to initiate a divorce filing, navigate court procedures, and understand what follows after submitting your paperwork.
Filing for divorce can be an overwhelming process. Understanding the general steps involved after deciding to file can help reduce confusion and prepare you for what lies ahead.
Where to Obtain the Forms
Initiating a divorce requires specific legal documents. State court systems are the primary source for these official forms, often providing them on their websites, sometimes in sections labeled “Self-Help,” “Court Forms,” or “Family Law.” These are usually available at no cost.
The local courthouse where you plan to file may also offer the necessary paperwork. Court clerks sometimes have physical copies, particularly for documents like a Summons that require a court seal. Check if your local court has its own website for specific local forms. Many courts also offer self-help centers or coordinators who can guide you to the correct forms, though court staff cannot provide legal advice. Some jurisdictions offer online tools that help generate forms based on your answers.
Filing Location and Fees
After obtaining the forms, you must file them in the correct court and pay the required fees. The court must have jurisdiction, meaning the authority to hear the case, which typically requires at least one spouse to meet the state’s residency requirement – living in the state for a minimum period (often six weeks to a year).1Justia. Residency Requirements for Divorce Under State & Local Laws Filing without meeting residency rules can invalidate the divorce.
You must also file in the proper venue, which is the specific county or judicial district. Often, this is the county where the spouses last lived together or where either spouse currently resides. Some counties may have their own shorter residency requirements. Filing in the wrong venue can lead to delays or dismissal. Divorce cases are usually handled in state courts like Family Court, Superior Court, or Circuit Court, depending on the state. Papers are filed with the Clerk of the Court in the appropriate county.
Initiating a divorce requires paying a court filing fee, covering administrative costs. Fees vary widely by location, generally ranging from about $100 to over $450, paid when submitting the initial petition. Other costs for motions or copies may arise later. Payment is usually accepted via cash, check, money order, or card; some courts offer online payment.
Individuals who cannot afford court fees can request a waiver, often called applying to proceed “in forma pauperis.”2DivorceWriter. Filing Fee Waivers in Divorce Cases This requires submitting an application detailing financial hardship (income, assets, expenses, debts). Eligibility is often based on receiving public benefits or having income below a certain percentage of federal poverty guidelines. If approved, the initial filing fee and potentially other costs are waived. If filing jointly, both spouses may need to apply separately. Fee waivers may expire after a set period, requiring reapplication if the case continues.
Proper Completion of the Documents
Accurately completing divorce documents, such as the Petition or Complaint, financial affidavits, and parenting plans, is crucial. Provide complete and truthful information, including full legal names matching the marriage certificate, birth dates, marriage date and location, and separation date. Inconsistencies can lead to rejection by the clerk and cause delays.
Detailed disclosure of assets and debts acquired before and during the marriage is required. This includes real estate, bank accounts, investments, vehicles, and liabilities like mortgages and loans. Failing to disclose assets or debts can have serious consequences. If children are involved, provide their full details and information relevant to custody, visitation, and support, often requiring specific income and expense information on financial forms. Ensure all required sections are filled; omissions or errors can stall the process.
Many divorce documents must be signed under oath, affirming the truthfulness of the information, often before a notary public or via a verification page. Knowingly providing false information constitutes perjury, a serious offense that undermines the court process.3FindLaw. What Happens If You Falsify Divorce Documents? Consequences can range from unfavorable rulings and financial penalties to criminal charges.
Certain documents, like financial affidavits and settlement agreements, often require notarization.4NotaryCam. Do Divorce Papers Need to Be Notarized? A notary public verifies the signer’s identity (requiring photo ID) and witnesses the signature. Sign these documents only in the notary’s presence. Ensure the notary’s commission is current. If both spouses sign a document like a settlement agreement, each signature typically needs separate notarization.
Serving the Other Party
After filing the initial documents, you must formally notify the other spouse (the defendant) about the lawsuit. This “service of process” ensures the defendant knows about the case and can respond. In Nevada, the plaintiff (the filer) is responsible for arranging service, not the court. Failure to properly serve the defendant according to court rules can delay or dismiss the case. Generally, under Nevada rules, service must occur within 120 days of filing the complaint, unless the court grants an extension.
Personal service is the preferred method: physically handing copies of the filed Complaint and court-issued Summons to the defendant. This can happen anywhere the defendant is found. The plaintiff cannot serve the documents; Nevada law requires service by a disinterested person aged 18 or older who is not a party to the case. This is often the county sheriff, a licensed private process server, or a neutral adult.
If personal service is difficult, Nevada law allows alternative methods, sometimes requiring court permission. Substituted service involves leaving the documents at the defendant’s home with a resident of suitable age and discretion if the defendant cannot be found directly after reasonable attempts. Service by publication may be allowed if the defendant’s location is unknown despite diligent efforts. This requires a court order, usually after submitting an affidavit detailing the search attempts. If granted, the summons is published in a newspaper, typically weekly for four weeks. Courts might also authorize service via email or social media if reasonably likely to provide notice.
Proof that service was completed must be filed with the court, usually via an “Affidavit of Service” or “Proof of Service.” This sworn statement from the server details how, when, where, and on whom the documents were served. Professional servers provide their own official proof. Filing this proof demonstrates legally adequate notice to the defendant. Without it, the court cannot proceed, and the case may be dismissed if the service deadline passes.
Court Response and Further Action
Once proof of service is filed, the defendant has a specific time to respond. Under Nevada court rules, the defendant generally has 21 days after being served to file a response with the court and provide a copy to the plaintiff. This allows the defendant to participate formally.
The most common response is an “Answer,” where the defendant addresses each claim in the Complaint, admitting or denying allegations about separation date, property, or custody. The defendant might also file a “Counterclaim,” making their own requests for relief (e.g., asking for primary custody if the plaintiff requested joint custody). Filing an Answer and Counterclaim makes the case “contested,” indicating disagreements requiring court resolution.
If the defendant fails to respond within the deadline, the plaintiff can seek a default judgment. This starts with requesting an “Entry of Default” from the court clerk, who verifies proper service and lack of response. The plaintiff then applies to the judge for a “Default Judgment” or “Default Decree of Divorce,” submitting documents like an affidavit confirming the defendant is not in the military and the proposed final decree based on the original Complaint. The judge might grant the default based on the paperwork or require a brief hearing before finalizing the divorce according to state law.
Whether the case is contested or proceeds by default, the court manages its progress. In contested cases, many Nevada courts schedule a Case Management Conference (CMC). Here, the judge or hearing master meets with the parties to discuss status, identify disputes, set deadlines for exchanging information, potentially order mediation, and schedule future steps. Even in uncontested or default cases, the court reviews paperwork to ensure legal requirements are met before issuing the final Decree of Divorce. During the case, either party can file motions asking the court for temporary orders regarding child custody, child support, or spousal support, which the court rules on after considering the request and any opposition.
When Additional Documentation May Be Required
As a divorce case progresses, additional documents often become necessary. Comprehensive financial disclosures are standard. Nevada court rules mandate the exchange of financial information early in the case, typically via a Financial Disclosure Form (FDF). Parties have an ongoing duty to update or correct these disclosures promptly if new information arises or initial information was inaccurate, ensuring current and truthful data throughout the case.
More extensive financial documentation may be needed, especially in complex situations involving high income, self-employment, business ownership, or significant assets. Rules may allow parties to request, or the court to order, a Detailed Financial Disclosure Form. Parties must also automatically exchange supporting documents with the FDF, such as recent bank and investment statements, debt statements, loan applications, tax returns, and proof of income (pay stubs, W-2s). Disputes over asset values or income may require specific documents like business profit/loss statements or real estate appraisals. Appraisals by qualified experts establish fair market value for assets like homes or businesses, crucial for equitable property division under state community property laws.
When child custody is contested, the focus is on the child’s best interests, guided by state statutes. Parties may need to submit proposed parenting plans detailing schedules, decision-making authority, and dispute resolution. If concerns about parental fitness or child well-being arise, the court might order a custody evaluation by a qualified professional (like a psychologist), involving interviews, observation, and a confidential report to the court. Parties might also need to provide evidence related to best interest factors, such as school or medical records, or parent communications demonstrating cooperation or conflict.
Requests for temporary court orders also require supporting documents. A motion for temporary child support, spousal support, or use of the marital home typically requires an updated Financial Disclosure Form and recent proof of income and expenses. A motion for temporary custody orders needs affidavits addressing the child’s immediate best interests. Seeking permission to relocate with a child requires specific petitions and affidavits addressing statutory relocation factors. Failing to provide adequate supporting documentation can weaken or lead to the denial of a request.
