Nevada divorce laws

Where and how to file in Nevada

Who can file (residency)

One spouse must have lived in Nevada for at least 6 weeks before filing. A friend, family member or co-worker who sees the Nevada spouse often (the state self-help center says 3-4 times a week) signs an Affidavit of Resident Witness to prove it.

Waiting period

Nevada has no waiting period after filing. If you file a joint petition, the judge often signs the decree without a hearing. In a case one spouse files alone, the other spouse has 21 days after service to respond. Living apart for 1 year is one ground, but you don't need it if you claim incompatibility.

Court

District Court (Family Division in Clark and Washoe counties)

Official forms

Divorce forms (Nevada courts)

Court self-help

Divorce self-help (Nevada courts)

Filing fee

Check with your court

If you can't afford the fee

File an Application to Proceed In Forma Pauperis (fee waiver application) with a request for submission and an order. For a joint petition, both spouses must file separate applications. A granted waiver also covers sheriff service costs and lasts one year. Guided DIY form: https://selfhelp.nvcourts.gov/self-help/getting-started/court-forms-fees-and-waivers/court-fees-and-fee-waivers

Simpler process for agreed cases

Yes, the summary proceeding by joint petition: both spouses sign under oath, one meets the 6-week residency, you have lived apart 1 year or are incompatible, and you have written agreements on children, property, debts and spousal support (or waive support). You give up the right to appeal and to a new trial. Judges often sign it without a hearing. (NRS 125.181-125.184)

E-filing

Many Nevada district courts use the eFileNV system: https://efilenv.tylertech.cloud/. Ask your court clerk whether self-represented people can e-file there.

Law

NRS 125.020(2); NRS 125.123, 125.182(3) (affidavit of corroboration of residency); Nevada Self-Help Center, Divorce Overview · NRS 125.010, 125.181-125.184; Nevada Self-Help Center

Divorce in Nevada, step by step

1. Check that you can file in Nevada

   One spouse must have lived in Nevada for at least 6 weeks before filing.

2. Get the official forms

   Use the court's official divorce forms: Divorce forms (Nevada courts) Yes, the summary proceeding by joint petition: both spouses sign under oath, one meets the 6-week residency, you have lived apart 1 year or are incompatible, and you have written agreements on children, property, debts and spousal support (or waive support).

3. File the papers and pay the fee, or ask for a waiver

   File with the District Court (Family Division in Clark and Washoe counties). Can't afford it? File an Application to Proceed In Forma Pauperis (fee waiver application) with a request for submission and an order.

4. Serve your spouse

   After you file, you must make sure your spouse is served with the summons and complaint; the court does not do it for you.

5. Your spouse responds

   21 days after service; if your spouse doesn't respond, you can ask for a default decree. The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

6. Wait out the waiting period

   Nevada has no waiting period after filing.

7. Agree, or go to mediation or a hearing

   In counties with 100,000 or more people (Clark, Washoe), the district court must run a mandatory mediation program for custody and visitation disputes; a judge can exclude a case for good cause, such as domestic violence or child abuse. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

8. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. You can ask in your complaint, answer or joint petition to go back to any former name you legally had; the judge may order it for just and reasonable cause.

Free tools for Nevada

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Divorce timeline estimator for Nevada

See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.

Grounds for divorce in Nevada

No-fault ground

incompatibility (or living separate and apart for 1 year)

Fault grounds

Not available: no-fault only

Law

NRS 125.010 (grounds: insanity for 2 years, 1 year living apart, incompatibility)

Property and debts in Nevada

System

Community property

The rule

Community property must be divided equally as far as practicable. The judge can divide it unequally only for a compelling reason stated in writing.

Law

NRS 125.150(1)(b); NRS 123.220

Alimony (spousal support) in Nevada

The judge may award alimony to either spouse, as a lump sum or periodic payments, as is 'just and equitable.' There is no formula; the statute lists factors such as each spouse's finances, length of the marriage, income and earning capacity, age and health, standard of living, and career sacrifices. The judge can also order rehabilitative alimony for training or education. NRS 125.150.

Children: custody and support in Nevada

What Nevada calls custody

legal custody and physical custody (joint or primary)

Parenting class

Some district courts require a class for separating parents by local rule. Ask your court clerk or the self-help center for your county.

Child support calculator

Official child support calculator or guidelines

Child support agency

Nevada Division of Welfare and Supportive Services, Child Support Enforcement Program

Serving your spouse in Nevada

How your spouse gets the papers

After you file, you must make sure your spouse is served with the summons and complaint; the court does not do it for you. If you don't know where your spouse is, the self-help center explains how to ask for another way of service. A joint petition needs no service.

Time to respond

21 days after service; if your spouse doesn't respond, you can ask for a default decree

Law

Nevada Self-Help Center, Filing for Divorce on Your Own and Responding to a Divorce; Nev. R. Civ. P. 12

Going back to a former name in Nevada

Yes. You can ask in your complaint, answer or joint petition to go back to any former name you legally had; the judge may order it for just and reasonable cause. NRS 125.130(4), 125.182(2)(d).

Mediation in Nevada

In counties with 100,000 or more people (Clark, Washoe), the district court must run a mandatory mediation program for custody and visitation disputes; a judge can exclude a case for good cause, such as domestic violence or child abuse. Smaller counties may have one. NRS 3.475, 3.500.

Free help in Nevada

• State of Nevada Self-Help Center (Nevada courts)
• Washoe County Self-Help (Second Judicial District Court)

Good to know in Nevada

• Shortest residency in the U.S.: 6 weeks, proven by a resident witness affidavit. (NRS 125.020, 125.123)
• Community property must be split equally unless the judge finds a compelling reason in writing. (NRS 125.150)
• If you file a joint petition you give up your right to appeal and to ask for a new trial. (NRS 125.181(6))

Divorce checklist for Nevada

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Questions about divorce in Nevada

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