One spouse is not willing to sign and is not in agreement.

This Petition requires personal service on the other spouse and/or publication if they are not able to be located for personal service. You are basically "suing" the other person for the divorce.

 

When you file a Complaint for Divorce, you may also want to file an ExParte Motion for 

Mutual Restraining Order (see below) to protect your assets from being sold or removed by your spouse. 

This also stops you from doing anything with the assets as well. 

 

If after serving your spouse and the appropriate amount of time has passed, your spouse will

be in default. You may then proceed with the appropriate default documents. 

 

* You will have to attend a hearing regardless of whether your spouse answers or not. 

 

Packet Includes:

Instructions

Civil Cover Sheet

Family Court Information Form

Complaint for Divorce with debt, property and/or child custody schedule

Resident Witness Declaration

Summons for Service

Affidavit of Personal Service Form

 

 
 
 
 

 

If you have been served with a Complaint for Divorce, you will need to file an Answer and Counterclaim if you do not agree to what was stated in the Complaint. 

 

A Counterclaim is typically included within the Answer to the Complaint that you will file in response to the Complaint that you were served with. This is where you are able to assert what you would like and to disagree with what has been stated in the Complaint.

 

Packet Includes:

Family Court Information Form

Answer and Counterclaim to Complaint for Divorce

Proof of Service Form

 

* The Court charges an additional fee to file an Answer/Counterclaim as a First Appearance Fee. 

**The Second Judicial District Court charges a filing fee of $213.00 for the first appearance. 

 

 

 
 

 

Contested Divorce

Both spouses DO NOT agree to the divorce and the terms. Both are NOT willing to sign.  

This packet is to be used with the Complaint for Divorce packet or with an Answer and Counterclaim for Divorce packet.

 

It is used when you want the Court to enter an order without notice to the other party in order to protect mutually held property and assets.

 

This packet protects property, real (i.e. houses) and personal (i.e. bank accounts/retirement accounts/investment accounts) from being transferred, spent, sold, hidden or given away. It further helps protect the value of the existing property and prevents changes in existing insurance policies, such as vehicle, health and life insurance policies. Most importantly, it prevents the parties from incurring further debt, apart from the actual necessities of life.

 

Packet Includes:

Instructions

Ex-Parte Motion for Mutual Restraining Order

Request for Submission

Proposed Order

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Complaint for Divorce                          $450

Answer & Counterclaim to Divorce    $350

Ex-Parte Motion for Mutual Restraining         $250

Order for Protection of Property                       

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These documents are filed after the opposing spouse has been served with the Complaint for Divorce Packet and has not answered or responded after 20 days.

Packet Includes:

Instructions

Notice of Intent to File Default

Declaration of Default

Default

 

Default for Divorce Packet                    $250

​An Opposition is filed in response to the Answer and Counterclaim. You must file an Opposition to the Counterclaim within 15 days. If you fail to file an Opposition, you are agreeing that what they have stated and requested in the motion is true and correct and you agree with it.

An Opposition is one of the most important legal documents to file in order to protect your rights.

​Packet Includes:

Instructions

Opposition to Answer and Counterclaim

Affidavit

Family Court Motion/Opposition Notice Form

List of Exhibits Form (if applicable)

Exhibit Form

 

 

A Reply is filed after an Opposition. In the reply, you are arguing why your initial Motion to Modify is correct and should be granted by showing what points were stated in the Opposition are incorrect or don't apply in this situation. You are again showing that your initial Motion to Modify Support should be granted by addressing all the points stated in the Opposition.

 

 

Packet Includes:

Instructions

Reply to Opposition for Divorce

Family Court Motion/Opposition Notice Form

List of Exhibits Form (if applicable)

Exhibit Form

Opposition to Answer          $350

& Counterclaim    

Reply to Opposition to         $350

Complaint for Divorce

Additional Fees

Court Filing Fee- varies by jurisdiction and is paid directly to the Court (Washoe County is $289 currently)
Personal Service Fee  $65/attempt
Publication Fee Varies by Location and local news publication- (typically around $450)
Filing/Postage/Copy fee - $55

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