Whether it’s a mutual decision or a difficult choice, divorce is a significant step in one’s life. At Gastelum Attorneys, we’ve guided many Reno families through this journey, offering practical advice, honest answers, and solid support from start to finish.
Below, we’ll walk you through the process in a simple Q&A format to help you feel more in control of what’s ahead.
What’s the first step in filing in Reno?
You’ll start by making sure you meet Nevada’s residency requirement. Then, you’ll complete and file the divorce paperwork with the court.
In Nevada, one spouse must live in the state for at least 6 weeks before filing. If you’re filing in Reno, that usually means living in Washoe County.
Next, you’ll prepare your divorce documents. These typically include:
- Complaint for Divorce (the main petition)
- Summons (to notify your spouse)
- Confidential Information Sheet (for court records)
We help you draft and file these forms correctly, ensuring that nothing holds up your case unnecessarily.
Where do I file my divorce papers in Reno?
You’ll file with the family division of your local district court.
In Reno, divorce filings go through the family division of the district court. You can submit documents in person at the courthouse or use the court’s online e-filing system, which can help save time and avoid long lines.
At Gastelum Attorneys, we often assist with this step to ensure all paperwork is filed correctly and on time, so you don’t have to worry about delays or missing forms.
What happens after I file? Do I have to notify my spouse?
Yes. Nevada law requires that your spouse be officially served with divorce papers.
Once the paperwork is filed, your spouse must be “served,” legally notified, within 120 days. This isn’t something you can do on your own. Instead, you’ll need a:
- Neutral third party (like a process server)
- Or certified mail with a return receipt
They’ll have time to respond (usually 20 days). If they don’t, you may be able to request a default judgment.
We ensure that the service is done correctly so your case doesn’t get dismissed or delayed.
How long does a divorce take in Reno?
Uncontested divorces can wrap up in a few weeks. Contested cases may take months or longer, depending on complexity.
Here’s a general timeline:
- Uncontested divorce: 3 to 6 weeks (if both agree and the paperwork is complete)
- Contested divorce: Several months or more (if there’s disagreement over assets, custody, or support)
Factors that affect timing include
- Whether you share children or property
- Court availability and scheduling
- Willingness to negotiate or settle
We aim to help you move forward as quickly and peacefully as possible.
What if we agree on everything? Can we file jointly?
Yes. Nevada allows a joint petition for divorce if both spouses agree on all terms of the divorce.
This is often referred to as a “summary divorce.” It’s faster and simpler, but only works if:
- You agree on property division, debts, custody, and support.
- You both sign and notarize the paperwork.
Joint petitions can avoid court hearings altogether. As divorce attorneys in Reno, we assist many couples in taking this route when it suits their situation.
How is child custody handled in Reno?
Nevada law prioritizes the child’s best interests. Joint custody is usually preferred unless one parent is unfit.
Custody in Reno includes:
- Legal custody: Who makes decisions for the child?
- Physical custody: where the child lives
Courts look at factors like
- Each parent’s ability to provide a safe, stable home
- The child’s relationship with both parents
- Any history of abuse, neglect, or substance issues?
As a custody lawyer in Reno, we advocate for arrangements that protect your child and reflect your role as a parent. We also help modify custody if circumstances change.
Will I have to pay (or receive) child support?
Most likely. Nevada uses a formula based on income and custody time. Child support is usually ordered in most cases unless parents have very similar incomes and 50/50 custody.
Nevada’s formula considers
- Gross monthly income
- Number of children
- Time spent with each parent
There are exceptions and caps. We’ll help you calculate an estimate and advocate for a fair outcome whether you’re the one paying or receiving.
What happens to our house and assets?
Nevada is a community property state, meaning most assets and debts are split 50/50. That includes:
- The home (if bought during marriage)
- Cars, bank accounts, retirement funds
- Debts like credit cards or loans
Property you owned before marriage, inherited, or received as a gift may be considered separate. At Gastelum Attorneys, we help protect what’s rightfully yours and negotiate smart settlements to avoid drawn-out battles.
What if my spouse won’t agree to the divorce?
Nevada is a no-fault divorce state. You can still proceed without your spouse’s agreement.
As long as residency requirements are met, one spouse can file for divorce without needing permission or proof of wrongdoing.
If your spouse refuses to respond, the court may proceed with a default judgment after proper notice has been given.
We guide you through contested cases with compassion and strength so you don’t feel stuck or powerless.
Should I hire a divorce attorney in Reno?
Especially if you have children, property, or a contested situation. Having a knowledgeable divorce attorney in Reno helps you:
- Understand your rights and options.
- Avoid costly mistakes or delays.
- Negotiate favorable custody, support, and asset terms.
- Feel less overwhelmed by paperwork and court procedures.
At Gastelum Attorneys, we’ve worked with families across Reno who just needed someone in their corner, someone who listens and delivers.
Need help from a trusted Reno divorce lawyer?
At Gastelum Attorneys, we believe every family deserves respectful, results-driven legal guidance. Whether you’re facing a simple split or a complex custody battle, we’re here to help you move forward with clarity, strength, and peace of mind.
Let’s sit down, discuss what matters most to you, and create a plan that puts your future back in your hands.
FAQs
How much is a wife entitled to in a divorce in Nevada?
In Nevada, assets and debts acquired during the marriage are usually split 50/50. Nevada is a community property state, meaning both spouses have equal ownership of marital property and liabilities. A seasoned divorce lawyer in Reno can help ensure a fair division, especially when high-value or complex assets are involved.
How long does a divorce take in Reno, Nevada?
A divorce in Reno can take from a few weeks to several months, depending on the case. If both parties agree on significant issues, the process moves faster. Contested divorces may take longer. A local divorce attorney in Reno can guide you through paperwork, hearings, and negotiations to avoid delays.
What’s the biggest mistake in a custody battle?
Putting personal conflicts above the child’s best interests is a significant mistake. Courts expect parents to cooperate and foster the child’s relationship with both parties. A trusted custody lawyer in Reno will help you stay focused on what matters most: your child’s well-being.
How do you demonstrate to the court that you’re a good parent?
Demonstrate your involvement in your child’s daily life. Know their school schedule, favorite foods, and emotional needs. Bring photos, artwork, or other evidence that reflects your close relationship. A qualified custody lawyer in Reno can help you prepare supportive documentation for court.
What makes a good parent in the eyes of the court?
Courts value cooperative and respectful parents who prioritize their child’s needs and well-being. Judges favor parents who encourage a strong bond with the other parent and avoid conflict. Working with a divorce attorney, Reno, who understands local family law and helps present you in the best light during custody proceedings.
