{"id":374814,"date":"2016-03-31T21:35:54","date_gmt":"2016-04-01T02:35:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nevada-law\/nevada-legal-requirements-for-divorce.html"},"modified":"2024-05-24T08:44:21","modified_gmt":"2024-05-24T13:44:21","slug":"nevada-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nevada-law\/nevada-legal-requirements-for-divorce.html","title":{"rendered":"Nevada Divorce Laws"},"content":{"rendered":"\n
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Nevada Divorce Laws <\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Every state has specific legal requirements you must meet before filing for divorce. Most include a residency requirement. To get divorced<\/a> in Nevada, at least one of the parties must be a resident of the state for six weeks or more before filing.<\/p>\r\n

In this article, we discuss the requirements for getting a divorce in Nevada.<\/p>\r\n

Nevada Divorce Laws at a Glance<\/b><\/h2>\r\n

The following table outlines some of the most important requirements under Nevada divorce law. Continue reading for more information on no-fault divorce, contested vs. uncontested divorce, and property division in Nevada.<\/p>\r\n\r\n

Nevada Relevant Code Section<\/p>\r\n<\/th>\r\n

\u00a7 125.010<\/a> et seq. of the Nevada Revised Statutes<\/p>\r\n<\/td>\r\n<\/tr>

Residency Requirements<\/p>\r\n<\/th>\r\n

One party must have been a resident of Nevada for at least six weeks before filing. If the divorcing parties have a minor child, the court will not address issues of custody, parenting time, and child support until the child has resided in the state for six months.<\/p>\r\n<\/td>\r\n<\/tr>

Waiting Period<\/p>\r\n<\/th>\r\n

There is no waiting period for a divorce decree to take effect. The decree is final when the judge signs and files it.<\/p>\r\n<\/td>\r\n<\/tr>

No-Fault Grounds for Divorce<\/p>\r\n<\/th>\r\n

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  • Incompatibility<\/li>\r\n
  • Living separate and apart without cohabitation for one year or more<\/li>\r\n
  • Insanity of a party that has existed for two or more years prior to filing for divorce<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Defenses to a Divorce Filing<\/p>\r\n<\/th>\r\n

As a no-fault divorce state, there are no substantive defenses in most cases as long as jurisdictional requirements are met.<\/p>\r\n<\/td>\r\n<\/tr>

Property Division<\/p>\r\n<\/th>\r\n

Nevada is a community property<\/a> state. Assets and debts accrued during the marriage will be divided equally absent a separate agreement.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are subject to change through the passage of new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, it’s best to consult with an attorney about your specific case.<\/i><\/p>\r\n

Residency Requirements<\/h2>\r\n

The state of Nevada requires that one of the parties reside in-state for at least six weeks before filing for divorce.<\/p>\r\n

In a 2021 decision, the Nevada Supreme Court<\/a> held that residence and domicile are separate concepts in the law and under the Nevada divorce statutes.<\/p>\r\n

Residence can be seen as a "mere presence" in the state. Domicile refers to a person’s fixed or permanent home that they will return to after residing somewhere else on a temporary basis.<\/p>\r\n

Nevada divorce law requires a party to prove residence in the state for a six-week period before filing the divorce action.<\/p>\r\n

Waiting Period<\/h2>\r\n

Nevada courts don\u2019t require a waiting period related to the issuance of the divorce decree. In many states, the family court judge must wait a specific period before issuing the final decree of divorce.<\/p>\r\n

In Nevada, the district court can issue the final judgment for divorce in any amount of time. The family law judges in Nevada resolve many uncontested divorce cases in less than three weeks.<\/p>\r\n

This should not be confused with divorce cases that the district court assigns to an appointed referee. In other states, a referee may be called a magistrate.<\/p>\r\n

After a referee issues a report, either party may file an objection within 10 days. If they do, then the judge will need to review and approve the referee’s report or modify it as appropriate. This may delay the filing of a final decree.<\/p>\r\n

No-Fault Divorce<\/b><\/h2>\r\n

Just as there are statutory restrictions on marriage, state laws also establish specific requirements for divorce. Every state allows some version of a no-fault divorce<\/a>.<\/p>\r\n

You don\u2019t have to accuse your spouse of wrongdoing with a no-fault divorce. All you need to do is certify that you and your spouse are experiencing irreconcilable differences that demonstrate your incompatibility.<\/p>\r\n

Nevada divorce law recognizes three grounds for divorce. If you file a complaint for divorce, you must cite one of the specific grounds for divorce.<\/p>\r\n

According to NRS 125.010<\/a>, the following grounds for divorce exist:<\/p>\r\n