Summary Divorce in Nevada - Doing It Without an Attorney
While it's always preferable to have an attorney guide you through your divorce, review your documents, or handle the process for you, that's not an option for everyone.
For many reasons—whether financial or personal—hiring an attorney may not be feasible, forcing many individuals to manage their own divorce.
In fact, in Nevada, self-representation in family law cases is quite common.
According to an informal survey in Clark County, 70% of family law cases are conducted without an attorney. This trend likely extends to Washoe County and other parts of Nevada as well.
For more complicated or contested cases, self-representation is definitely not recommended and should be avoided at all costs. However, for simpler, straightforward, or uncontested cases, self-representation can be a viable option.
For more complicated or contested cases, self-representation is definitely not recommended and should be avoided at all costs. However, for simpler, straightforward, or uncontested cases, self-representation can be a viable option.
In Nevada, there is a streamlined and quicker option for uncontested or stipulated divorces called summary proceedings.
If the divorcing couple can agree on all terms before filing any documents or starting a case, this is a great option that is often done without an attorney for all or part of the process.
If a couple is eligible for a summary proceeding and there are no contested issues, the process is not only quicker than a regular divorce but often much cheaper.
Many attorneys offer flat-fee services to guide clients through some or all of the process, or couples can handle the divorce themselves without an attorney.
Doing Your Own Summary Divorce in Washoe County
If you qualify for a summary divorce and live in Washoe County, essential resources include the county's family services and the 2nd Judicial District Court forms and packets page.
Family services offer mediation resources to help resolve custody or support disagreements.
Once all issues are resolved and you are ready to file your summary divorce, the forms and packets page provides all necessary forms. This page and its packets should be your primary resource when pursuing a summary proceeding on your own.
The relevant packets for summary proceedings in divorce include:
- D-2 Joint Petition for Divorce (No Minor Children)
- D-4 Joint Petition for Divorce with Minor Children
- D-10 Joint Petition for Summary Annulment (No Minor Children)
- D-12 Joint Petition for Summary Annulment with Minor Children
Most people will not need the annulment packets unless there are legal reasons why the marriage was never valid in the first place.
If the grounds for annulment codified starting at NRS 125.290 do not apply to you, use the divorce packets.
Common Questions and Pitfalls for Pro Se Summary Divorce Filers
Here are a few common issues and pitfalls people encounter when handling their own summary divorce:
- Not meeting the residency requirements: You must have lived in Nevada for at least six weeks before filing your case. Ensure you can fill out and satisfy the Declaration of Resident Witness form before filing.
- Incomplete agreement: If any terms or agreements are missing, you must resolve them before filing. Incomplete agreements require filing a regular divorce instead of a summary proceeding.
- Unequal Community Property Divisions: The joint petition forms include a section for dividing community property. Nevada's default requisite division is 50/50, so ensure your joint petition reflects this.
- Insufficient Child Support: If using the packet for divorce with minor children, accurately include each party's gross monthly income and calculate the guidelines child support amount. For a quick estimate, use our Nevada child support calculator.
If you encounter any issues during your summary divorce proceeding, feel free to reach out to us or use our contact form to describe your experience. Your feedback will help us update this article and make it more helpful for others.
Consequences of the Summary Divorce Process
Since a summary proceeding is initiated by a joint petition requiring prior agreement on all terms, there are some consequences to using it.
Per NRS 125.184, using a summary proceeding waives rights to a written notice of entry of the judgment or decree, to appeal, to request findings of fact and conclusions of law, and to move for a new trial.
This restriction makes sense since the parties have already agreed to all terms and are asking the Court to approve their agreement.
However, the decree can still be challenged on grounds of fraud, duress, accident, mistake, or other recognized grounds in law or equity.
You Can Do Your Own Summary Divorce
If you're a good candidate for a summary divorce and want to do it yourself, start with the form packets. They may seem daunting at first, but with time and the provided instructions, you'll understand what each section requires and how to fill them out.
However, if you're unsure about any part, the legal consequences, or what you're agreeing to and whether it's consistent with your rights and interests under Nevada law, feel free to reach out.
Finally, this article is not legal advice and should not be relied upon as such. The law is always changing, and its application to many situations is fact-specific. I hope this helps and gives you confidence in handling your own summary divorce in Nevada.