DIVORCIO SA NEVADA-MADALI, here are the procedures in divorces:

There are three categories of divorce cases, each of which must be presented differently.

1. Summary Divorces, NRS 125.181 to 125.184, inclusive

The papers required in summary divorce cases are:
(a) A joint petition, which must be verified by the parties. See Notes 1, 3 and 4 below.
(b) An affidavit of a resident witness. See Note 2 below.
(c) A request for submission, and
(d) A proposed decree.

2. Default Divorces, NRS 125.123

The papers required in default divorce cases, including cases in which an appearance and waiver has been filed requesting entry of the default of the defendant are:

(a) A verified complaint. See Notes 1 and 4 below.
(b) A summons, if personal service or service by publication is a method of service.
(c) A proof of service, acceptance of service, or appearance and waiver.
(d) Clerk's default.
(e) An affidavit of plaintiff giving factual support to each allegation in the complaint. See Note 3 below.
(f) An affidavit of a resident witness. See Note 2 below.
(g) An original or executed copy of any property or custody agreement the parties may have reached.
See Note 3 below.
(h) A request for submission, and
(i) Proposed findings of fact, conclusions of law and decree.

All divorces which do not come within the provisions of the statutes cited above must be set on the calendar and the testimony taken orally in open court. NRCP 43(a). An example of such a case is one in which an answer is filed, the parties subsequently reach an agreement. The testimony in these cases will be the same as in cases heard prior to the enactment of NRS 125.127.

All annulment cases must be set on the calendar and the testimony taken orally in open court.

Note 1 : In cases in which the parties are not represented by an attorney, the complaint or petition must also be acknowledged.

Note 2 : The minimum requirements for resident witness affidavit. The affidavit must state the resident witness' name fully and clearly and that he/she has been first duly sworn under penalty of perjury. Affidavits must be made upon personal knowledge of the affiant, contain actual facts known to the affiant, as opposed to conclusions, which support the residency of the party to the divorce action, and establish that the affiant has resided in this state. The affiant is personally acquainted with the party to the action whose residence he/she is cottoborating, the party's residence address, and the date from which the affiant knows that the party has resided at that address. If the jurisdiction of the court is based on short residency, the resident witness should state in the affidavit, of his/her own knowledge, that the party has been physically present on each and every day in Nevada from a specific date.

Note 3 : If the parties have executed a marital settlement agreement, and are proceeding under summary divorce, (NRS 125.181 - 125.184) the joint petition must make reference to the agreement by date of execution, identifying it as an exhibit to the petition, and assert that it is the agreement executed by the parties, and attach the exhibit to the joint petition. If the parties are proceeding pursuant to a default, (NRS 125.123) the plaintiff's affidavit in support of the divorce must identify the agreement by date, assert that it is the agreement executed by the parties, identify it as an exhibit to the affidavit, and attach the exhibit to the affidavit.

The joint petition or affidavit should state whether the agreement is to be approved by the court and made part of the divorce decree, or is approved by the court and to survive as a separate agreement. Any proposed divorce decree submitted to the court should contain the proper provision for the court to approve the agreement, made an exhibit to the petition or affidavit, and make it a part of the divorce decree or provide that it survive as a separate agreement.

Note 4 : Former Name

NRS 125.130(3) provides that the divorce decree may "change the name of the wife to any former name which she has legally borne." Unless the wife was originally given a middle initial instead of a middle name, the full middle name must be inserted in the complaint or petition. "Mary Jane Jones" cannot legally have her name changed by divorce decree to "Mary J. Smith." The full, given name or names must be set forth, as well as the former last name of the wife.

Note 5 : Residency requirement : Six Weeks (6) or more than, prior to the filing of this Petition, and intends to remain in the State of Nevada for an indefinite period of time. One is allowed to live outside Nevada.

For your inquiry, please call : Divorcio Sa Nevada - Madali (775) 324-1315.

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What if one spouse lives in Nevada and the other lives in a province in the Philippines? It doesn't matter, just as long as the person filing for divorce (called the "plaintiff" in legalese) is a Nevada resident. The residency of the other person (called the "defendant") doesn't matter.

Can you move to Nevada for a six week visit just to get divorced? Undoubtedly, people have done this, but simply being in the state for six weeks does not establish residency. Basically, being a resident means that you moved to Nevada with the intention of making it your permanent domicile, rather than to take a six week divorce holiday.

THIS IS IMPORTANT! The court will want to make sure that you came to Nevada to make it your permanent home, and that you have resided here for at least six weeks, and that you intend to stay for an indefinite period. Of course, if you do decide to move out of Nevada the day after you divorced, it is not likely anyone will stop you.

What if you have been living in Nevada for a long time, but you just got back from a one week vacation in California? Nevada state law says, "Should any person absent himself from the jurisdiction of his residence with the intention in good faith to return without delay and continue his residence, the time of absence is not considered in determining the fact of residence." In other words, brief vacations do not count in establishing residency.

Can you lie to the judge and say you are a Nevada resident, when in fact you just blew into into town? Remember that you are under oath when you take the witness stand. If you lie under oath, you are committing perjury, a criminal offense. Besides, if the court grants a divorce and it later comes to the attention of the authorities that the Plaintiff faked residency, the whole divorce is invalid.

County residency is NOT a factor in deciding where to file for divorce. Nevada residents can file for divorce in ANY county within the state of Nevada. This is a big convenience. For example, residents of Pahrump ( a small town 50 miles from Las Vegas but in a different county) can file for divorce in Las Vegas rather than traveling nearly 200 miles to Tonopah, the county seat of the county where Pahrump is located. PROCEDURES AND FORMS DIFFER IN EACH COUNTY.

According to NRS 54.010 (NRS = Nevada Revised Statutes), "In all civil cases where the jurisdiction of the court depends upon the residence of one of the parties to the action, the court shall require corroboration of the evidence." What that means is that proof of residency is required. Not only does the Plaintiff have to testify under oath that he or she is a Nevada resident, but there also must be some other person who is not a party to the case to testify that the Plaintiff has indeed resided in Nevada for six weeks or more before filing for divorce. The witness should be over 18 years of age, and can be a friend, landlord, or just anybody who has personal knowledge of the Plaintiff's residency. The witness must be a Nevada resident. The witness should be able to state approximately on what date he or she met the Plaintiff and how long he or she has known the Plaintiff to have lived in Nevada. Remember, the witness will also be under oath, and it isn't nice to lie to a judge.

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For more information, please call : Divorcio Sa Nevada - Madali (775) 324-1315.

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