Below is basic information about divorce in Nevada.
What are the residency requirements for divorce in Nevada?
You can file for divorce at the district court in any county in Nevada where:
- you live;
- your spouse lives or can be found;
- you and your spouse last lived together; or
- the cause of your divorce happened even if neither you nor your spouse ever lived in Nevada.*
You or your spouse must have lived in Nevada for at least six weeks before you file for divorce.*
* NV ST § 125.020
What are the grounds for divorce in Nevada?
Grounds are legally acceptable reasons for divorce. You can get a divorce in Nevada if:
- you and your spouse live separate and apart for one year without cohabitation;
- you and your spouse are incompatible (can’t get along); or
- your spouse experiences insanity for two years before filing for divorce if there is supporting evidence of your spouse’s insanity (Note: If you are divorced due to your spouse’s insanity, the judge can still find that you may need to support your spouse through alimony.)*
* NV ST § 125.010
What are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps that a person may have to follow to obtain a divorce:
- First, you or your spouse must meet the residency requirements of the state you want to file in.
- Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
- Third, you must file the appropriate divorce papers and have copies sent to your spouse - for the exact rules for serving the papers, contact your local courthouse or an attorney.
- Fourth, if your spouse disagrees with anything in the divorce papers, then s/he will have the opportunity to file papers telling her/his side. In his/her response, the other party may express his/her opinion challenging the divorce, asking that it be granted under different grounds or letting the judge know that s/he agrees to the divorce. If your spouse contests the divorce, then you may have a series of court appearances to sort the issues out. Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. (Speak to a lawyer in your state about how long you have to wait to see if your spouse answers before you can continue with the divorce.)
- Fifth, if there are property, assets, a pension, debts, or anything else that you need divided, or if you need financial support from your spouse, then these issues may have to be dealt with during the divorce or else you may lose your chance to deal with these issues. The issues may be worked out during settlement negotiations and incorporated into the divorce decree or in a series of court hearings during the divorce. Custody and child support may also be decided as part of your divorce.
Where can I find additional information about divorce in Nevada?
We hope the following links to outside sources may be helpful. Please note that WomensLaw.org is unrelated to the below organizations and cannot vouch for the accuracy of their sites. We provide these links for your information only.
The Nevada State Bar Association has an informational brochure about divorce, with information about grounds, residency requirements, child support, alimony, property division and more. They also list frequently asked questions about divorce in Nevada.
Clark County Courts offers links to information and divorce forms from the family law self-help center. However, if you are not filing in Clark County, you may want to call the court in which you will be filing to confirm that the forms and information given by the Clark County Courts website apply to your county as well.