Services: Domestic Violence: Resource Manual - Divorce (Section 10, Part 2)

Guidelines For Doing Your Own Divorce in Clark County

Step 1: Get The Divorce Packet

Go to the Self-Help Center at Family Court, located at 601 North Pecos Road, Las Vegas (corner of Pecos and Bonanza). To determine which packet you need, you should answer the following questions:

1. Do you and your spouse own any community property or owe any community debts (see definitions)?
2. Do you have minor children with your spouse?

If your answer to questions 1 and 2 is no, you will probably be able to use the packet for couples who do not have community property, community debt or minor children. If your answer to question 1 is yes, but your answer to question 2 is no, you will probably be able to use the packet for couples who have community property and/or debt but who do not have minor children. If your answer to questions 1 and 2 is yes, you will probably be able to use the packet for couples who have community property and/or community debt and have minor children in common. You may purchase the packet for divorce relevant to your particular facts for the cost of reproduction (currently, $3.00) or you may download the forms for free from the Internet: www.co.clark.nv.us/district_court/self_help_center/index.htm. This packet will contain all of the documents that must be completed and filed in order to start your divorce, along with detailed instructions on how to prepare and file the documents. In order to complete the forms, you must decide certain things

1. If you have community property or community debts, how do you want the judge to divide the community property/community debts between you and your spouse?
2. If you have minor children with your spouse, how do you want the judge to handle the issues of legal custody and physical custody (see definitions)?
3. If one parent is to have primary physical custody, when should the other parent have visitation with the children and how should the exchanges of the children take place?
4. How much should the other parent pay to the custodial parent for child support (see materials on child support)?
5. Which parent will provide medical, dental, or other insurance for the children?
6. If you are asking the Court to grant you spousal support (see definitions), what is your reason for requesting it? How much support are you asking for each month? How long should such support payments continue?
7. If you are a woman who took her husband’s name after marriage, do you want your maiden or former name restored to you?

Step 2: Prepare the Complaint for Divorce.

Read the Instructions that are contained in the packet! Use your answers to the questions set forth in Step 1 to "fill in the blanks" for the Complaint forDivorce, using black ink. You must sign the Complaint before a notary public: the notary must witness your signature on the Complaint and the Verification to the Complaint.

Step 3: Prepare the Family Court Cover Sheet, the Summons and the Joint Preliminary Injunction, if any.

Review the Instructions and complete the Family Court Cover Sheet and the Summons. If you choose to file a Joint Preliminary Injunction, review the Instructions and complete the Joint Preliminary Injunction form.

Step 4: Make copies and prepare the documents for filing.

Make at least 3 photocopies of the Complaint and the Summons. You must 2-hole punch the top of the original copies of the Summons, Complaint and Joint Preliminary Injunction (that is, the copies with your original signature and the original seal and signature of the notary), stamp or write the word "original" on them, and take the originals and all copies to the Family Court Clerk’s office for filing, along with a check or money order for the filing fee. The Clerk will assign a case number and department letter to your case, keep the original copy of the Complaint for the Court’s files, and stamp the other copies "Filed", with the date and time it was accepted for filing by the Clerk. The Clerk will return the original and the photocopies of the Summons and Joint Preliminary Injunction to you, after they also are date stamped.

Step 5: File the Application to Proceed In Forma Pauperis, if applicable.

If you cannot afford to pay the filing fees (in 2002, $152.00) you may file an Application to Proceed In Forma Pauperis, at the same time that you file the Complaint. The Self-Help Center has a packet with instructions and the following fill-in-the-blank forms:

1. The Application to Proceed in Forma Pauperis (signed before a notary public); and
2. The Order to Proceed in Forma Pauperis

These documents must be filed at the same time that you file the Summons, Complaint, Family Court Cover Sheet and Joint Preliminary Injunction. The Clerk will send the In Forma Pauperis documents to the presiding judge, who will decide whether or not to grant your Application. If your Application is granted, the Clerk will file the Complaint, take the cover sheet, and issue the Summons and the Joint Preliminary Injunction. Filed stamped copies of the Complaint, Cover Sheet and the original copies of the Summons and Joint Preliminary Injunction will be kept at the filing counter in the Clerk’s office. If the Motion is denied, none of the documents will be filed and you will be required to pay the filing fee before the Clerk will accept the Complaint for Divorce for filing.

Step 6: Serve the Defendant

"Serve" is a legal term that means to deliver a copy of documents to the defendant. You must serve the defendant with file-stamped copies of the Summons, Complaint and Joint Preliminary Injunction, if any. Do not use the original copies of the Summons and Joint Preliminary Injunction for service – these are the copies that have the Clerk’s embossed stamp on them. Use one of the photocopies instead.

The Clark County Sheriff (Clark County Sheriff Civil Process Section, 601 E. Fremont, 2nd floor, Las Vegas, Nevada (702) 455-4237) or any U.S. citizen over 18 years of age except an interested party, may serve the Documents. You may not serve the defendant yourself. Otherwise, you can pay a person whose job is to serve legal papers (a commercial process server) to serve the defendant for you. Commercial Process Servers are listed in the Yellow Pages (under "Process Servers") and can perform this task for you quickly (assuming the other party can be found). Both the Sheriff and commercial process servers charge a fee for service, unless the court has granted your Application to Proceed In Forma Pauperis, in which case the Sheriff will serve the Summons and Complaint without charge.

Service must be personal (that is, the papers must be handed to the other party). However, it is possible to use "substitute service" by leaving the documents with a person of "suitable age and discretion" who lives with the defendant at his/her residence

Affidavit of Service

The person who serves the documents on the defendant fills out and signs the Affidavit of Service (either a separate form or using the reverse side of the original copies of the Summons and Joint Preliminary Injunction), which states the location, date and time that the defendant was served with the documents. This Affidavit must be dated and signed, before a notary public. Don’t fill out the Affidavit of Service form yourself. You can review the samples at the back of this manual, to see a completed form.

The completed Affidavit of Service and the original copies of the Summons and the Joint Preliminary Injunction (the ones with the embossed seal) must be filed with the Court.

Acceptance of Service of Summons and Complaint or Receipt of Copy

A defendant may also agree to accept service by other means (by mail, for example), by signing an Acceptance of Service of Summons and Complaint (you can get this form from the Clerk’s office); the signed form is then filed with the Court as proof of service, along with the original copy of the Summons (the one with the embossed seal).

Service by Publication

If the defendant lives outside the State of Nevada, or has moved from the State, or is hiding to avoid service, or if the plaintiff otherwise does not know the whereabouts of the defendant, he or she may complete an Affidavit of Due Diligence for Service by Publication setting forth the facts demonstrating either that service cannot be had within the state or the steps plaintiff has taken to locate the defendant, without success. The plaintiff files the Affidavit and a Proposed Order for Service By Publication at the Clerk’s office. If the judge gives the plaintiff the right to serve the defendant outside the State, the plaintiff may ask a local process server to have the defendant served by an out-of-state agency or out-of-state sheriff. Otherwise, if the judge gives the plaintiff the right to serve by publication, the plaintiff can "publish" a notice of the summons and complaint using a newspaper of general circulation (in Las Vegas, you may mail or fax a file-stamped copy of Summons, Complaint, and Order for Publication to Nevada Legal News at 598-0641). You will also need to mail a copy of the summons and complaint to the defendant’s last known address. If the plaintiff’s Application to Proceed In Forma Pauperis motion was granted, this should also be faxed to Nevada Legal News so that the publication fees will be waived.

Once the defendant is served, he or she has 20 calendar days to file an Answer to the Complaint. The defendant must serve a copy of the Answer on the plaintiff (defendant is allowed to serve the Answer by mail). Note, however, that if the 20th day falls on a day when the Court is closed (either because of a weekend or because of a Court holiday), the defendant has until the next Court day to file the Answer. If the judge orders service is by publication, the defendant has 20 calendar days after publication is completed to file the Answer.

The defendant may include a Counterclaim with the Answer. In the Counterclaim, the defendant will set out his or her preferences for child custody/support/visitation, division of community property and community debt, and spousal support. The plaintiff has 20 days after service of the Answer and Counterclaim to file his/her Reply. The Self-Help Center has a packet containing the fill-in-the-blank form needed for this purpose. You can review the samples at the back of this manual, to see a completed form.

Step 8: Motions for Temporary Relief

Either party may file motions for temporary orders, while the divorce is pending, such as temporary motions for child custody orders, child support or a motion for fees and costs (to have the community "estate" charged with the attorney’s fees of one party, for example). Motions must be filed based upon a Notice of Motion (telling the other side the name of the motion you are bringing and that they have 10 days from the date of service of the Motion to file and serve their Opposition upon you), Points and Authorities (a discussion of the facts of the case and the law of the State of Nevada as it relates to those facts) and an Affidavit of the moving party (setting out the relevant facts of the case that demonstrate that he/she is entitled to the relief requested). There is no additional fee for filing motions for temporary relief until the Divorce Decree is entered. [Note, however, that there is a $25.00 filing fee for motions brought after a divorce decree is entered - a motion to change a custody order in the decree, for example.] You will be given a hearing date for your Motion; at the hearing, one party will be ordered to prepare a Temporary Order (the Self-Help Center has form packets for this) and submit it to the Court (place the original and two copies in the judge’s mailbox on the 3rd floor of Family Court). After the judge signs the Order, you can pick it up at the Clerk’s filing window).

Step 9: Either File for Default or a Notice of Early Case Conference (as applicable)

If an Answer is not filed within the 20 days, the plaintiff may request entry of a Default. The Self-Help Center or the Clerk’s office can provide you with the fill-in-the-blank Default form. You should prepare one original (stamped original at the top) and three copies of the Default, two-hole punched (like the Complaint) and file them with the Clerk. The Clerk will check the Court files to verify the date of service and that no Answer has been filed within the time allowed, and will then "issue" the Default. [Note that defaults are generally disfavored (because the law favors determining cases on their merits) and may be set aside by the Court for good cause anytime within 6 months after entry.] If the Clerk issues the Default, the original will remain in the Court files and the copy(ies) will be stamped "filed" with the date of filing and returned to you in the hanging folder with your name on it, located at the Clerk’s office. Once you have obtained the default, you may proceed to the prove-up hearing or for summary disposition (see Step 14).

If the defendant files an Answer to the Complaint, the plaintiff has thirty days in which to file a Notice for Early Case Conference. The form for this can be obtained from the Self-Help Center or from the Clerk’s office. The purpose of the early case conference is to identify the issues the parties agree on, the issues that remain in dispute, the identification of witnesses (with a brief synopsis of their expected testimony) and the identification and exchange of documents. After the conference is held, the parties file a "Joint Case Conference Report" with the Court telling the judge what happened at the meeting. The form for this can be obtained from the Self-Help Center or from the Clerk’s office (or website at: www.co.clark.nv.us/CLERK/Family_Forms-Library.htm). A copy of the report goes to Discovery Commissioner who then issues a Scheduling Order that sets a time frame for discovery in the case. Once this is issued, the Court will also set a trial date. If the parties are unable to agree upon a Joint Case Conference Report, each party may file a separate report, called an Individual Case Conference Report. The form for this can also be obtained from the Clerk’s office (or website).

Step 10: TransParenting Class Step 10: TransParenting Class

Each party seeking a divorce involving minor children is required to attend a TransParenting Class. If the defendant Answers the Complaint, both parties must complete this class within 45 days after the Answer is filed. As of December 2001, only one agency offers the class, but this may change in the future. The class fee in 2002 is $40.00. If a party is unable to pay this fee, he or she may file a Request for Waiver of Program Fee and an Affidavit of Financial Ability, asking the Court to waive the payment of this fee. [Note that this request is in addition to the Application to Proceed In Forma Pauperis.] The forms for this can be obtained from the Clerk’s office (or website). After attending the class (which is held in English and Spanish, on various days and at various locations throughout Clark County), the parties will receive a Certificate of Attendance; this Certificate must be filed with the court. The Clerk will keep the original Certificate and will return the paperless carbon copy with a stamp "filed" and the date of filing.

Step 11: Mediation

If the parties are unable to reach a parenting agreement on their own after attending the TransParenting class, the Court will order the parties to mediation. The parties can choose private mediators, rather then the Court’s Family Mediation Center (FMC). The Family Mediation Center is located in Family Court; the cost of mediation is a sliding scale fee, based upon the income of the parties, and ranges from $50. to $200..

If there is domestic violence between the parties, either party may request that the "domestic violence protocol" be used for FMC mediation, at the time of filing the request for mediation. This means that although the parties may be required to attend mediation at or around the same time, they will not be required to meet with the mediator together as a couple. Even if you forget to request the protocol, FMC does its own screening for domestic violence at the time you go to the office to apply for a mediation appointment

The mediator will attempt to help the parties reach a parenting agreement setting forth legal custody, physical custody and a visitation schedule. If agreement can be reached, the parties will sign a parenting agreement that will be submitted to the judge for signature.

Step 12: Pre-trial Hearings

If the parties are unable to reach agreement on any part of custody or visitation, the mediator will issue his or her recommendation to the Court and the judge will order an evidentiary hearing solely on the issue of custody and visitation. After this hearing, the judge will sign an order setting out legal and physical custody and the visitation schedule that will be included in the Decree of Divorce.

If the parties are unable to agree upon the amount of child support to be paid by the parent without primary custody (for example, the custodial parent seeks more then the amount that would result from applying the statutory guidelines to the noncustodial parent’s gross monthly income), the Court will order an evidentiary hearing on this issue as well. After this hearing, the judge will sign an order setting out the amount of child support that will be included in the Decree of Divorce.

Step 13: Trial

The final trial in a Divorce is only for the purpose of resolving disputes concerning the division of community property and debt, and spousal support. The Court will issue determine these remaining matters and order one of the parties to provide the Court with a Decree of Divorce that includes the custody, visitation and child support rulings or agreements as well as the final division of property, debt, spousal support and wife’s resumption of a former name, as applicable. The judge will order one of the parties to prepare a Decree of Divorce containing all of the decisions made by the judge at trial (the Self-Help Center has form packets for this) and submit it to the Court (place the original and two copies in the judge’s mailbox on the 3rd floor of Family Court).

Step 14: Prove-Up Hearing or Summary Disposition

If at any point prior to trial, the parties reach agreement (or an order is entered by the Court) that resolves all issues in dispute, one or both of the parties may seek a summary disposition of the case (that is, issuance of the Decree of Divorce without a trial). The Self-Help Center has a packet containing the fill-in-the-blank forms and instructions, needed for this purpose. To request summary disposition, the following documents must be submitted:

a. File-stamped copies of Summons and Complaint; Proof of Service of the Summons and Complaint or Answer, as applicable; Default, if applicable; and Certificate of Attendance at the TransParenting Class;

b. File-stamped copies of the Request for Summary Disposition; Affidavit of Resident Witness; Affidavit of Plaintiff; and Child Support and Welfare Identification Form for both parties (if there are no children, social security numbers for both parties on separate form or pleading); and

c. Proposed Decree of Divorce (one original and three copies).

These documents are placed into the mailbox for the department handling your case (located on the third floor of the Family Court). All documents will be reviewed for completeness; if the documents are in order, the Judge will sign the Decree of Divorce and the photocopies of the signed Decree will be placed in the hanging folder with your name on it, located at the Clerk’s office. This process may take several weeks, depending on how busy the Judge is at that time.

The faster way to resolve an undisputed case is to attend a "prove-up" hearing. To get a hearing date, get a Setting Slip from the Clerk and take it to the Master Calendar window (located next to the Clerk’s filing counter) and get on the Judge’s calendar for the next prove-up hearing date. At the hearing, you must provide the court with an Original and three copies of the proposed Decree of Divorce, a file-stamped copy of the Certificate of Attendance (for the TransParenting class) and you must either provide a Resident Witness Affidavit or have your resident witness in court with you, to testify that you have been a resident of Nevada for at least 6 weeks before the Complaint was filed. The Self-Help Center has a packet containing the Resident Witness Affidavit, along with sample prove-up hearing questions, so that you will know the information that the Judge will want to know at the hearing. At the end of the hearing, the Judge will sign the original Decree of Divorce

Step 15: Completing the Case.

When your Decree of Divorce is signed after a prove-up hearing, to complete the case you must take the original and all copies of the Decree of Divorce to the Clerk’s filing window and file it. Otherwise, if one of the parties was ordered to prepare the Decree after trial or if you chose to proceed by summary disposition, after the judge signs the Decree, the original and the copies of the Decree will automatically be sent down to the Clerk’s office for filing. You can get your copy from the Clerk’s filing counter. At this point, you are legally divorced. Next, if the other party has made any appearance in the case, you must prepare a Notice of Entry of Decree of Divorce and file it with the Clerk. You must then mail copies of the Notice of Entry and the Decree of Divorce to the defendant, and file the Certificate of Mailing with the Clerk. Finally, each parent must complete a Child Support and Welfare Party Identification Sheet and file it with the court within 10 days after the Decree of Divorce is filed. You must then mail a file-stamped copy of the Child Support and Welfare Party Identification Sheet to: State of Nevada, Child Support Enforcement and Human Resources Division, 3120 East Desert Inn Road, Las Vegas, NV 89121.