Divorce in Nevada: How It Works, Step by Step (2026 Guide)
Nevada family law · Last reviewed October 27, 2026
Nevada makes divorce simple on paper. One spouse must have lived in the state for six weeks, the usual ground is incompatibility, and there's no waiting period once you file. Spouses who agree on everything can file a joint petition and are often divorced without seeing a judge. Divorce cases are heard in district court; in Clark County (Las Vegas) and Washoe County (Reno) that means the court's family division.
The law is in Chapter 125 of the Nevada Revised Statutes, with custody in Chapter 125C and child support in NAC Chapter 425. Procedure follows the Nevada Rules of Civil Procedure, including the divorce disclosure rule, NRCP 16.2.
Nevada divorce at a glance
| Question | Answer | Source |
|---|---|---|
| Residency | Either spouse, six weeks before filing, shown by a resident witness's affidavit | NRS 125.020, 125.123 |
| Grounds | Incompatibility; one year living apart; insanity for two years | NRS 125.010 |
| Waiting period | None after filing; the decree is final when entered | NRS 125.130 |
| Agreed divorce | Joint petition, signed under oath by both spouses | NRS 125.181 to 125.184 |
| Filing fee | Clark $299; Washoe $284 (complaint or joint petition) | County fee schedules |
| Time to answer | 21 days after service | NRCP 12(a) |
| Property | Community property, divided equally unless the court finds a compelling reason | NRS 123.220, 125.150 |
| Alimony | No formula; 11 statutory factors | NRS 125.150(9) |
| Child support | Percentage of the paying parent's gross income, in three tiers; no cap | NAC 425.140 |
| Custody | Best interest; joint legal custody presumed, joint physical custody preferred | NRS 125C.002 to 125C.0035 |
| Remarriage | No waiting period once the decree is filed | NRS 125.130 |
Who can file
NRS 125.020(2) sets the residency rule:
Unless the cause of action accrued within the county while the plaintiff and defendant were actually domiciled therein, no court has jurisdiction to grant a divorce unless either the plaintiff or defendant has been resident of the State for a period of not less than 6 weeks preceding the commencement of the action.
Only one of you has to qualify, and the other spouse can live anywhere. There's a narrow exception when the grounds arose in the county while both of you lived there.
The court won't take your word for it. A friend, co-worker or relative signs an Affidavit of Resident Witness, and Clark County's self-help center says it should be someone "who sees you 3-4 times per week." The affidavit must rest on the witness's personal knowledge (NRS 125.123).
You can file in the county where either of you lives, where you last lived together, or where the grounds arose; a plaintiff who has lived in Nevada for six weeks can file in any county. A joint petition may be filed in any district court.
The grounds
NRS 125.010 lists three:
- Incompatibility. This is the ground in nearly every case. Nobody has to prove fault.
- Living apart for a year. When the spouses have "lived separate and apart for 1 year without cohabitation", the court may grant a divorce at the request of either one.
- Insanity that has lasted two years before filing, with corroborating evidence. The spouse who wins may still have to support the other.
Which Nevada divorce route fits your case?
A quick sort using NRS 125.020, 125.181 and 125.123 and the court self-help pages. A starting point, not advice.
Two ways to file
The state self-help center describes them plainly. Spouses who agree on everything can file together, and "These divorces are typically approved quickly, and the parties usually do not have to appear in front of a judge." Otherwise one spouse files a complaint for divorce and serves the other.
Filing together: the joint petition
Both spouses sign a joint petition under oath, settling custody, support, property, debts and alimony, and attach the resident witness affidavit. In exchange for the speed, you give up the right to appeal, to written findings, to a new trial and to notice of the decree's entry. Either spouse can withdraw before the decree. See uncontested divorce.
Filing alone: the complaint
- File the complaint, summons and family court cover sheet, and pay the fee (or ask for a fee waiver). See forms and cost.
- Serve your spouse within 120 days. Handing the papers over yourself doesn't count unless your spouse signs a waiver of service (NRCP 4).
- The answer. Your spouse has 21 days after service to answer, or 60 days after a waiver request was sent (NRCP 12).
- Financial disclosure. Each spouse files a General Financial Disclosure Form within 30 days of service of the summons and complaint (NRCP 16.2).
- The decree. If your spouse defaults, or you settle, you submit a proposed decree, usually without a hearing. If you can't agree, the judge holds hearings and, if needed, a trial. "You are not divorced until the judge signs the Decree and it is filed with the Clerk of Court."
Money and children: how Nevada decides
Property. Nevada is a community property state. The court must "make an equal disposition of the community property of the parties" unless it finds a compelling reason and explains it in writing. See property division.
Alimony. Either spouse can be awarded alimony, as a lump sum or monthly payments, after the court weighs 11 factors. There's no formula. See alimony.
Child support. A percentage of the paying parent's gross monthly income: for one child, 16% of the first $6,000, 8% of the next $4,000 and 4% above $10,000. See child support.
Custody. The child's best interest, judged on 12 listed factors. Joint legal custody is presumed and joint physical custody preferred when a parent has shown an intent to build a meaningful relationship with the child. See custody.
Separate maintenance and annulment
Separate maintenance is Nevada's legal separation: a court order for support and property without ending the marriage. Anyone with grounds for divorce, or whose spouse deserted them 90 days ago, can ask for it (NRS 125.190). You don't need one before a divorce.
Annulment declares that a valid marriage never existed, for reasons such as bigamy, close kinship, lack of understanding or fraud (NRS 125.290 to 125.350).
Domestic violence
A protection order is a separate case and can be sought at any time. Domestic violence also weighs heavily in custody: a finding by clear and convincing evidence creates a presumption against giving that parent physical custody. The National Domestic Violence Hotline is 1-800-799-7233.
After the decree
- Finality: "A judgment or decree of divorce granted pursuant to the provisions of this chapter is a final decree." There's no interim stage. The divorce takes effect on the date the decree is filed with the clerk, which can differ from the date the judge signs it.
- Remarriage: no waiting period, once the decree is filed.
- Name: the decree can restore a former name (NRS 125.130(4)).
- Records: certified copies come from the county clerk where the divorce was granted; the state's Office of Vital Records only verifies that a divorce happened. See records.
- Changes: custody, child support and alimony that hasn't accrued can be modified on changed circumstances.
What's new in Nevada divorce law
The six-week rule and the grounds haven't changed. What has:
| Effective | Change | Law |
|---|---|---|
| July 1, 2025 | Limits on removing a child from a protective parent to improve a relationship with the other parent; conditions for court-ordered reunification treatment; expert evidence in abuse cases | SB 275, ch. 414 (NRS 125C.243 to 125C.247) |
| Sept. 30, 2025 | Washoe County's current fee schedule ($284 to file, $202 to answer) | Second Judicial District Court |
| Oct. 1, 2025 | Divorce hearings are no longer private on demand; family law proceedings are presumptively open, and the automatic sealing rule is gone | SB 432, ch. 505 (NRS 121.100, 121.110; NRS 125.080 and 125.110 repealed) |
| 2026 | New low-income child support schedule ($998 to $1,995 a month) | NAC 425.145; Administrative Office of the Courts |
| July 1, 2026 | Child support and family "masters" renamed judicial officers | AB 344, ch. 328 |
| Aug. 28, 2026 | Clark County fee schedule revised; divorce fees unchanged at $299 and $217 | Eighth Judicial District Court |
Common myths about divorce in Nevada
| Myth | What the law says |
|---|---|
| Nevada has a waiting period. | No. Once a court has jurisdiction, nothing in Chapter 125 makes you wait. |
| Both of us must live in Nevada. | No. Either spouse's six weeks is enough (NRS 125.020). |
| We have to separate first. | No. Incompatibility needs no period of separation (NRS 125.010). |
| My spouse has to sign. | Only for a joint petition. A complaint goes forward after service, with or without an answer. |
| I can ask to seal my divorce file. | Not automatically anymore. Since 2025 a judge must find a compelling interest (NRS 121.110). |
| Child support is capped. | No. The top tier applies to all income over $10,000 a month (NAC 425.140). |
| Joint custody is guaranteed. | No. Joint legal custody is presumed and joint physical custody preferred, but the child's best interest decides. |
Frequently asked questions
How long do you have to live in Nevada to get a divorce?
Six weeks before filing, and only one spouse has to meet it. A resident witness signs an affidavit confirming it.
How much does a divorce cost in Nevada?
The filing fee is $299 in Clark County and $284 in Washoe County, the same for a complaint or a joint petition. An answer costs $217 in Clark and $202 in Washoe. Fees can be waived for people who can't afford them.
Is there a waiting period for divorce in Nevada?
No. A joint petition can be approved as soon as the judge reviews it, and a default can be requested once the 21-day answer period has run.
Is Nevada a no-fault divorce state?
Yes. The usual ground is incompatibility, and fault doesn't control property division. Domestic violence still matters a great deal in custody.
Can I get divorced in Nevada without a lawyer?
Yes. The state and county self-help centers publish the forms and guided interviews for both joint petitions and complaints. If you have a house, a pension, a business or a custody dispute, get advice before you sign.
Do I have to go to court for a divorce in Nevada?
Often not. Joint petitions are usually approved on the papers, and a default or settled case can be submitted with a request for summary disposition. Contested cases need hearings.