By Christie Nicholson, J.D. | Legally reviewed by John Mascolo, Esq. | Last reviewed May 24, 2024
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Every state has specific legal requirements you must meet before filing for divorce. Most include a residency requirement. To get divorced in Nevada, at least one of the parties must be a resident of the state for six weeks or more before filing.
In this article, we discuss the requirements for getting a divorce in Nevada.
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.
Nevada Relevant Code Section |
§ 125.010 et seq. of the Nevada Revised Statutes |
|---|---|
Residency Requirements |
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. |
Waiting Period |
There is no waiting period for a divorce decree to take effect. The decree is final when the judge signs and files it. |
No-Fault Grounds for Divorce |
|
Defenses to a Divorce Filing |
As a no-fault divorce state, there are no substantive defenses in most cases as long as jurisdictional requirements are met. |
Property Division |
Nevada is a community property state. Assets and debts accrued during the marriage will be divided equally absent a separate agreement. |
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.
The state of Nevada requires that one of the parties reside in-state for at least six weeks before filing for divorce.
In a 2021 decision, the Nevada Supreme Court held that residence and domicile are separate concepts in the law and under the Nevada divorce statutes.
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.
Nevada divorce law requires a party to prove residence in the state for a six-week period before filing the divorce action.
Nevada courts don’t 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.
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.
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.
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.
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.
You don’t 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.
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.
According to NRS 125.010, the following grounds for divorce exist:
You may notice that domestic violence is not grounds for divorce in Nevada. Neither is adultery or extreme cruelty. However, this doesn’t mean you cannot include this information in your divorce complaint. It may be important to the outcome of your case.
According to NRS 125.555, the court may issue a temporary order of protection if your spouse is abusing you or your minor children. You must submit an affidavit outlining your spouse’s behavior to get this type of court order.
One of the reasons so many people go to Las Vegas to get married is that there are very few restrictions on marriage in Nevada. You can also get a quick divorce in Nevada, regardless of the length of the marriage. Many uncontested divorces become final within one to three weeks of filing.
For a quicker divorce, some parties file a joint petition. In Nevada, this is called a summary proceeding for divorce. The petition, along with any written agreement and the requisite filing fee are all the court requires to process your divorce.
Once you submit your divorce papers and written agreement to the court clerk, they will file them and assign a case number. Oftentimes, the court will issue the final decree without a court hearing.
In some circumstances, the parties may agree to an uncontested divorce after a contested divorce case has been filed or pending with the court. The parties agree to divorce terms and sign a marriage settlement agreement. If the court approves your agreement, it may grant a divorce with or without a court hearing.
With a contested divorce, the parties disagree on the material terms of divorce. This is why it takes so much longer to complete the divorce process in this type of case.
Some of the issues you and your spouse may disagree on include:
When you file your complaint for divorce, you must serve the complaint on your spouse. Your spouse has 21 days to file their answer. Once the judge receives both parties’ divorce papers, they will set a court hearing.
Prior to trial, the court may order the parties to attempt mediation to settle the case. If mediation does not succeed, the case will proceed to trial.
Divorce trials occur before the family court judge. There are no juries. At trial, the two of you, or your divorce attorneys, can present evidence and make arguments to the judge. The judge will decide whatever issues you and your spouse disagree on.
In cases with custody issues, the judge will base their decision on what is in the best interest of the child. After the judge hears both sides, they will issue their final decree.
To avoid letting a judge decide, between the time you file your complaint and trial, your divorce lawyer will negotiate a settlement agreement with your spouse’s attorney. Compromises often work better for both sides.
Nevada is a community property state. The Nevada Family Law courts divide marital property down the middle. They may be unable to do this without forcing a sale of some community property. For example, you may have to sell the marital home and split the proceeds.
Your divorce lawyer can negotiate a fair division of property with your spouse. For example, they may agree that you can keep the house if your spouse doesn’t have to pay alimony. You can negotiate a fair agreement between the parties.
When parties fail at negotiation, the case goes to the judge at trial. The outcome is no longer up to the parties.
Navigating the divorce process can be an emotional and legal drain. Issues arise in divorce proceedings, such as spousal support, child custody, and child visitation. The State of Nevada provides a self-help center on the state website to answer your questions about the divorce process.
You may find that speaking with an attorney about your case can make things easier. A family law attorney can provide legal advice focused on your specific situation. You can get started today and reach out to a Nevada divorce lawyer near you.
Contact a qualified attorney.
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