Nevada Filing for Divorce

Before starting the divorce process in Nevada, it’s important to understand the state’s basic legal requirements. Meeting these criteria ensures your case can move forward smoothly and avoids unnecessary delays. One of the first things to consider is the residency requirement.

Residency Requirement

At least one spouse must live in Nevada for a minimum of six weeks before filing for divorce. This is one of the shortest residency requirements in the United States. A friend, family member, or coworker must sign an Affidavit of Resident Witness stating they know you have lived in Nevada for at least six weeks.

The only exception to this six-week rule applies when the reason for divorce happened in Nevada while both spouses lived in the state. In that case, you can file regardless of how long you lived there.

Where to File

You can file for divorce in the district court of any Nevada county where:

• You live
• Your spouse lives or can be found
• You and your spouse last lived together
• The cause of your divorce was

Most people file in the county where they currently live.

Grounds for Divorce

Nevada is a "no fault" divorce state. You do not need to prove your spouse did anything wrong. The three legal grounds for divorce in Nevada are:

• Incompatibility (the most common reason)
• Living separate and apart for one year without living together
• Insanity of one spouse existing for two years before filing

Most people simply state they are incompatible, which means they cannot get along and the marriage cannot work.

Two Ways to File for Divorce in Nevada

Nevada offers two different methods for filing for divorce, depending on whether spouses agree on all issues.

Filing Together with a Joint Petition

When both spouses agree on everything, they can file a joint divorce petition together. This is the quickest and easiest way to get divorced in Nevada.

To file a joint divorce petition, both spouses must agree on all of the following:

• Child custody (both legal and physical custody)
• Visitation schedule for children
• Child support amounts and who pays
• How to divide all property and debts
• Whether either spouse receives alimony and how much
• Whether either spouse wants to return to a former name

Both spouses must sign and notarize the joint petition. With this method, you usually do not need to appear in court. The judge often signs the decree without requiring a hearing.

Filing Separately with a Complaint for Divorce

If you and your spouse cannot agree on everything, one spouse files a complaint for divorce alone. The person who files is called the plaintiff. The other spouse is the defendant.

The complaint tells the judge and your spouse what you want from the divorce. You state your preferences for custody, property division, support, and other issues. Your spouse then has the opportunity to respond by filing an answer, which states what they want.

This method takes longer than filing together because the court must resolve any disagreements between spouses.

Forms Required for Nevada Filing for Divorce

Different forms are required depending on which filing method you use.

Forms for Filing Together (Joint Petition)

When filing a joint petition for divorce, you need these forms:

Required Forms:

• Family Court Cover Sheet
• Joint Petition for Divorce (must be notarized)
• Affidavit of Resident Witness
• Decree of Divorce
• Confidential Information Sheet

The Family Court Cover Sheet asks for basic information about both spouses and any children. The Joint Petition explains how you have agreed to settle all issues. The Affidavit of Resident Witness proves one spouse has lived in Nevada for at least six weeks. The Confidential Information Sheet provides social security numbers for both spouses.

Forms for Filing Separately (Complaint)

When filing for divorce on your own, you need these forms:

Required Forms:

• Cover Sheet
• Summons
• Complaint for Divorce
• Affidavit of Resident Witness
• Financial Disclosure Form (must be filed and served within 45 days)

The Summons notifies your spouse that you filed for divorce and explains they must respond within 21 days. The Complaint tells the judge what you want from the divorce. The Financial Disclosure Form details your income, expenses, assets, and debts.

Filing Fees and Waivers

The court charges a filing fee when you file divorce papers. The exact amount varies by county but typically ranges from approximately $200 to $300.

If you cannot afford the filing fee, you can apply for a fee waiver. To request a waiver, you must complete special forms showing your income and expenses. The court will review your application and decide whether to waive the fee based on your financial situation.

Please see filing fees and waivers information at your local district court or the State of Nevada Self Help Center website for specific forms and instructions.

Step-by-Step Process for Filing Together

Follow these steps when both spouses agree to file a joint petition for divorce:

Step 1: Fill Out the Forms

You have two options for completing forms:

Option 1: Use a guided online interview that creates forms based on your answers. These interviews walk you through questions and automatically fill in the proper forms.

Option 2: Download individual forms and fill them out yourself. Make sure to complete every section carefully. Blank sections may cause delays or rejection of your filing.

Both spouses must sign the Joint Petition in front of a notary. You can sign separately in front of different notaries, but try to sign on dates close together.

Step 2: File the Forms with the District Court

Take your completed forms to the district court clerk's office in your county. You can file in person, by mail, or through the court's online filing system in some counties.

Pay the filing fee at this time, or submit your fee waiver application if you cannot afford the fee. The clerk will stamp your documents with a filing date and case number. Keep copies of all filed documents for your records.

Step 3: Submit the Decree to the Judge

After filing, you must submit the Decree of Divorce to the judge assigned to your case. Attach a filed copy of the Joint Petition (with the case number and filing date) to the back of the Decree.

Check with your local court about how to submit these papers to the judge. Some courts accept submissions by mail, email, or in-person delivery to the judge's department.

The judge will review your papers. If everything is completed properly and the judge approves your agreement, the judge signs the Decree of Divorce.

Step 4: File the Signed Decree

Once the judge signs the Decree, it must be filed with the clerk's office. Some judges file the Decree automatically. Others send it to one spouse who must file it.

You are not officially divorced until the Decree is filed with the clerk. Look at the upper right corner of the first page to find the filing date. Do not get remarried until you confirm the Decree has been filed.

After filing, mail a copy of the filed Decree to the other spouse. Then complete a Certificate of Mailing and file it with the court to prove both spouses received copies.

Step-by-Step Process for Filing Separately

Follow these steps when filing for divorce on your own because your spouse will not sign papers:

Step 1: Fill Out the Forms

Complete all required forms, including the Cover Sheet, Summons, and Complaint for Divorce. Be specific about what you want regarding custody, property, support, and other issues.

You can use guided online interviews or fill out individual forms yourself. The Complaint should clearly state your requests for everything the court needs to decide.

Step 2: File the Forms with the District Court

Take your completed forms to the district court clerk's office in your county. Pay the filing fee or submit a fee waiver application. The clerk will file your documents and give you copies stamped with the filing date and case number.

Step 3: Serve Your Spouse

After filing, you must have someone personally deliver copies of the filed papers to your spouse. This is called "service of process." The court does not serve papers for you.

Any person over age 18 who is not involved in the case can serve your spouse. This can be a friend, family member, or professional process server. You cannot serve the papers yourself.

The person who serves the papers must complete an Affidavit of Service and file it with the court as proof that service happened properly.

Step 4: Wait for Your Spouse's Response

Your spouse has 21 days after being served to file an answer. What happens next depends on how your spouse responds:

If your spouse does not respond within 21 days: You can request a default. After obtaining the default, you submit a proposed Decree to the judge or schedule a hearing where the judge can sign your Decree.

If your spouse agrees with everything: You can schedule a prove-up hearing or request summary disposition. The judge will review your agreement and sign a Decree if everything is proper.

If your spouse disagrees: Your spouse will file an Answer and Counterclaim stating what they want. The case becomes contested, and you will need additional hearings or mediation to resolve disagreements.

Special Requirements in Clark County

If you are filing for divorce in Clark County and have children under age 18, both parents must complete a parenting class. This requirement applies only to Clark County.

The class lasts approximately three and a half hours. You can take it online or in person. Both parents can attend separately. The class costs about $40 per parent.

You must file your Certificate of Completion with the court. The judge will not grant your divorce until both parents have completed the class and filed their certificates.

If you cannot afford the class fee, you can request a fee waiver through the court. You may also request to skip the class for good reason, but courts rarely grant such waivers.

These costs represent typical amounts, but actual costs vary based on your county, your situation, and whether your case is contested.

Child Custody and Support Issues

When you have children under age 18, your divorce must address several child-related issues.

Custody Decisions

Nevada recognizes two types of custody:

Legal custody means the right to make important decisions about the child's life, including education, medical care, and religious upbringing.

Physical custody means where the child lives and who provides day-to-day care.

Courts can award sole custody to one parent or joint custody to both parents. Joint physical custody means each parent has the child at least 40% of the time.

Visitation Schedule

Your divorce papers must include a detailed visitation schedule showing:

• Regular weekly schedule
• Holiday schedule
• School vacation schedule
• Where and when exchanges happen
• Who transports the child

Common holidays to include are New Year's, Easter, Memorial Day, July 4th, Halloween, Thanksgiving, Christmas Eve, Christmas, Mother's Day, Father's Day, and birthdays.

Child Support

Nevada uses specific formulas to calculate child support based on income and number of children. The non-custodial parent typically pays child support to the custodial parent.

Your divorce papers should state how much child support will be paid and which parent will provide health insurance for the children.

Property and Debt Division

Nevada is a community property state. This means most property and debts acquired during marriage belong equally to both spouses.

What Gets Divided

Property that typically gets divided includes:

• Houses and real estate
• Vehicles, boats, and recreational vehicles
• Bank accounts and investments
• Retirement accounts and pensions
• Furniture and household items
• Jewelry and electronics
• Business interests

Debts that get divided include:

• Mortgages
• Car loans
• Credit card debts
• Personal loans
• Medical bills

Separate Property

Some property remains separate and is not divided:

• Property owned before marriage
• Inheritances received by one spouse
• Personal injury settlements
• Gifts given to only one spouse

Your divorce papers should clearly state how you want to divide all community property and debts.

Alimony (Spousal Support)

One spouse may receive financial support from the other after divorce. This is called alimony or spousal support.

Nevada courts consider many factors when deciding alimony:

• Length of the marriage
• Each spouse's income and earning ability
• Age and health of each spouse
• Standard of living during marriage
• Education and job skills
• Contributions as a homemaker
• Property awarded to each spouse

The court can award different types of alimony:

• Rehabilitative alimony: Short-term support while one spouse gets education or job training
• Periodic alimony: Regular payments for a set time period
• Permanent alimony: Ongoing support until death or remarriage (rarely awarded)
• Lump sum alimony: One-time payment as part of property settlement

What Happens After Filing

The timeline for completing your divorce depends on which method you use and whether your spouses agree.

Uncontested Divorce Timeline

When both spouses agree and file together, the divorce can be finalized in as little as one to three weeks. The judge reviews your papers, signs the Decree, and your divorce is final once the Decree is filed with the clerk.

Contested Divorce Timeline

When spouses disagree, the process takes much longer. You may need several court hearings. Mediation may be required, especially when children are involved. A contested divorce typically takes several months to over a year to complete.

Getting Legal Help

While you can file for divorce yourself using the forms and information available through the State of Nevada Self-Help Center, some situations benefit from legal advice.

Consider consulting with a family law attorney if:

• You have significant assets or complex property
• You own a business
• You have retirement accounts or pensions
• You disagree about child custody
• Your spouse has an attorney
• You suspect your spouse is hiding assets
• Domestic violence is involved

Many attorneys offer free initial consultations. Legal aid organizations provide free or low-cost help for people with low incomes.

Important Reminders for Nevada Filing for Divorce

Keep these key points in mind throughout the process:

About the Decree:

• You are not divorced until the judge signs the Decree AND it is filed with the court
• Check the filing date in the upper right corner of the first page
• Do not remarry until you confirm the Decree has been filed

About Serving Papers:

• The court does not serve papers for you
• You must arrange for proper service of all papers on your spouse
• Service must be completed within 120 days after filing

About Required Forms:

• All forms must be completed fully
• Blank sections cause delays
• Both spouses must sign and notarize joint petitions

About Children:

• Clark County requires parenting classes for divorces involving children
• Child support and custody must be addressed before the divorce is granted
• Detailed visitation schedules prevent future conflicts

Finding Your Local District Court

If you are unsure where your local district court is located, visit the State of Nevada Self-Help Center website. The site includes a "Find My Court" tool that helps you locate the correct court based on your county.

Each county may have slightly different procedures and forms, so always check with your specific court for local requirements.

Remember that filing for divorce is just the beginning of the process. Stay organized, keep copies of all documents, meet all deadlines, and communicate clearly with the court and your spouse. With proper preparation and understanding of the requirements, you can navigate the Nevada divorce filing process successfully.