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Fillable Printable Joint Petition for Divorce (Without Children) - Nevada

Fillable Printable Joint Petition for Divorce (Without Children) - Nevada

Joint Petition for Divorce (Without Children) - Nevada

Joint Petition for Divorce (Without Children) - Nevada

INSTRUCTIONS FOR FILLING IN FORMS
CAREFULLY READ THROUGH ALL OF THE INSTRUCTIONS BEFORE
FILLING OUT ANY OF THE FORMS.
Use blue ink only to fill out the forms and neatly print the information requested.
Do not use white-out or other correction fluid/tape on the forms. Original documents
containing white-out will not be accepted by the Court.
INCORRECT OR INCOMPLETE DOCUMENTS MAY RESULT IN A DELAY IN
THE COURT PROCESSING THE PETITION OR MAY RESULT IN A DISMISSAL
OF THE CASE. IF THE CASE IS DISMISSED, PETITIONERS WOULD BE
REQUIRED TO FILE A NEW CASE AND PAY THE REQUIRED FEES.
Included in this packet are the following forms:
1. Civil Cover Sheet
2. Joint Petition for Summary Decree of Divorce without Minor Children
Form, Wife’s Verification with acknowledgement and Husband’s
Verification with acknowledgement
3. Affidavit of Resident Witness Form (this must be filled in and signed by a
witness for one of the Petitioners stating the witness declares that the
person has been present in the State of Nevada for six (6) weeks prior to
the filing of the documents.)
4. Joint Request for Submission Form
5. Decree of Divorce Form
6. Exhibit A Cover Sheet
The Penalty for making a false statement in an affidavit that is made under penalty of
perjury is a minimum of 1 year and a maximum of 4 years in prison, with the possibility of
an additional fine of $5,000.00 or more if authorized or required by statute.
See NRS 199.145
JOINT PETITION FOR DIVORCE
(WITHOUT CHILDREN)
DISCLAIMER
The information provided is intended as a courtesy only. Many family law matters
involve complex and valuable legal rights which cannot adequately be protected without
the assistance of an attorney. The information provided is basic, general information that
does not fit all situations. It is the duty of each self-represented individual to know what
rules of court and law apply.
Elko County, the Fourth Judicial District Court, the Clerks Office, and their employees
shall not be liable for errors contained herein or for direct, indirect, special, or
consequential damages in connection with the furnishing of this material. Employees of
the Court and the Clerks Office CANNOT and WILL NOT provide legal advice.
GENERAL INFORMATION
A spouse may obtain a divorce in Nevada if that spouse has a statutory ground for
divorce and has lived in Nevada for at least six weeks prior to filing.
There are three main statutory grounds for divorce: (1) Incompatibility, (2) Insanity for
two years prior to the action, and (3) Spouses living separate and apart for more than one
year.
STEP 1
Filling Out the Civil Cover Sheet
Each party must fill in one side of the top portion of the sheet with their name, address,
telephone number and date of birth.
Check the box labeled “Marriage Dissolution Case.” Below this heading, also check the
box indicating Joint Petition Joint Petition without children.
One of the parties must sign his or her name at the bottom of the form.
STEP 2
Filling Out the Joint Petition Form
At the top left corner, fill in name, mailing address and telephone number of each party.
Fill in the wife’s name and husband’s name. You will be assigned a Case No. and your
case will be assigned to Department 1 or 2 when you file the petition with the Court.
Fill in the Petition, following the directions on each page. If the information is not
complete, the divorce cannot be granted.
Be sure you are familiar with the terms and definitions regarding assets and debts and the
division of community property as well as spousal support. Complete the remainder of
the pages as indicated.
Both parties must sign, initial, and date where indicated in the petition.
STEP 3
Filling Out Affidavit of Resident Witness
In order to be divorced in Nevada, at least one of the parties must have lived in Nevada
for more than 6 weeks prior to the filing of the divorce with the Court. This party is
called the Resident Party. Only one Resident Party is required.
The Affidavit must be filled out by someone who is not a party to this case, who is 18
years of age or older, is a resident of the State of Nevada and who personally knows that
the Resident Party has been physically present in Nevada for at least six (6) weeks prior
to the filing of documents. This person is called the Resident Witness.
Fill in the name, address and phone number of the Resident Party.
Fill in wife’s name and husbands name in the same order you have on all other
documents in this case.
The Resident Witness must complete the Affidavit.
The Resident Witness must sign the Affidavit before a Notary Public. The Affidavit
should be executed (dated) on the date the Joint Petition is filed.
Both parties must complete and submit a verification form before a Notary Public.
The Notary will fill in the State of line and the County of line. Wife and Husband will
sign the document before the Notary Public.
The Notary will then sign and seal the verification and the acknowledgement.
It is important that the Notary seal both the verification and the acknowledgement or
this document will not be accepted and the Joint Petition will not be granted.
STEP 4
Filling Out the Joint Request for Submission Form
Fill in the information as directed on the form, starting with the names, addresses and
telephone numbers in the upper left corner.
Each party must sign and print his and her name.
STEP 5
Filling Out the Information on the Decree of Divorce Form
Fill in the information as directed. Do not fill in the date on the last page. The Judge will
fill in the date when the Decree is signed.
Print and sign your names on the last page and fill in your address.
Staple Exhibit A Cover Sheet to a file stamped copy of Joint Petition. Attach Exhibit A
and Petition to the Original Decree of Divorce for submission to the Court.
STEP 6
Copying and Filing Documents
Make four (4) copies of all documents. Take the original and the three (3) copies to the
Elko County Clerk’s Office at 550 Court Street, 3
rd
Floor of the Annex Building, Elko
Nevada.
There will be a filing fee of $294.00 that is payable by cash, check or credit card.
American Express is not accepted.
The Clerks office will keep the original documents and return the file-stamped copies to
you for your personal records.
If you provide a self-addressed, stamped, 8 x 11” manila envelope when you file your
documents, a copy of the Decree of Divorce will be mailed to you after it is signed by the
Judge.
If you do not include an envelope your filed Decree of Divorce will be placed in the
General Pick Up box in the foyer of the Clerks Office.
You will NOT be contacted by the Clerks office or the Court when the Decree has been
signed.
You may call 775-753-4600 and check the status of your case at anytime. Please have
your case number ready when you call. The waiting period for a properly filed and
supported Divorce Decree is approximately three weeks, but this time period may vary.
FILING FEE WAIVERS
If you cannot afford the filing fee, you may apply to have your filing fee waived. To
apply, you must fill out and file an Application to Waive Fees and Costs, along with a
Proposed Order Regarding Waiver of Fees and Costs.
(Assigned by Clerk's Office)
I. Party Information
Contact c ourt cl erk f or fur ther i nformation about i nterp reter s
II. Nature of Controversy
Family-Juve nile Related Cases
Domesti c R el at ions C ase Filing Types
Other Family Related Case Filing T ypes
Separat e M aintena nce
Termination of Parental Rights (TPR)
Gua rdianship Cas e Filing Types
Estimated Estate Value: ___________
Juvenile-Related Case Filing Types
Date
Signatur e of ini ti ati ng party or repres entati ve
For Clark and Washoe Counties, please use their Family Court Cover Sheet for fam ily-related case filings.
Please see the Family Court Clerk in those counties for copies of their form s.
Nevada AOC - Research Statistics Unit Form PA 201
Pursuant to NR S 3. 275 Rev 3.1
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Wife’s name:_________________________
Mailing Address: ______________________
_____________________________________
Telephone:____________________________
Husband’s name:______________________
Mailing Address:_______________________
_____________________________________
Telephone:___________________________
IN THE FOURTH JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF ELKO
In the Matter of the Marriage of Case No.__________________
________________________________
(Wife’s name) Dept No.__________________
and
________________________________
(Husband’s name)
Joint Petitioners
JOINT PETITION FOR DIVORCE
The parties hereby petition this Court, pursuant to the terms of Chapter 125 of the Nevada
Revised Statutes, to grant them a Divorce. Petitioners respectfully show, and under oath state, to
the Court that every condition of NRS 125.181 has been met and further state as follows:
I.
The parties married on ________________________________________________
(Date of Marriage, including month, day, year)
at___________________________________________________________________________
(City/State)
and ever since have been, and still are Husband and Wife.
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II.
Husband or Wife has resided six weeks in the State of Nevada before the filing
(Circle one or both)
of this Joint Petition, continues to be a resident of the State of Nevada and intends to continue to
reside in the State of Nevada for an indefinite period.
Wife’s Mailing Address is:
______________________________________________________
______________________________________________________
Husband’s Mailing Address is:
_______________________________________________________
_______________________________________________________
III.
The parties are incompatible in marriage and no reconciliation is possible and/or the
parties have lived separate and apart for one (1) year without cohabitation.
IV.
Wife ______________pregnant at this time and there are no minor children born to or
(is or is not)
adopted by the parties through this relationship.
V.
Division of Property
Both parties must initial ONLY ONE of the statements below.
The parties agree:
1.______ ______ There is no community property to be divided.
Wife Husband
-OR-
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2.______ ______ The community property should be divided as follows:
Wife Husband
Wife is to receive the following property
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Husband is to receive the following property
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(If more room is needed, attach additional sheets. Each sheet must be initialed by both
parties.)
If more room is needed, attach additional sheets. Each sheet must be initialed by both parties.)
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VI.
Division of Debts
Both parties must initial ONLY ONE of the statements below.
The parties agree:
1.______ ______ There are no community debts to be divided.
Wife Husband
-OR-
2.______ ______ The community debts should be divided as follows:
Wife Husband
Wife is to receive the following debts
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Husband is to receive the following debts
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