Uncontested Divorce in Nevada: The Joint Petition, Default and Summary Disposition
Nevada family law · Last reviewed October 27, 2026
Most Nevada divorces never reach a courtroom. The law gives agreeing spouses a summary proceeding: a joint petition both of you sign under oath, which a judge can approve on the papers. A case that starts with a complaint can end just as quietly, by default or by a signed agreement.
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.
The joint petition
NRS 125.181 allows the summary procedure only when every one of these conditions exists when you file:
- One of you meets the six-week residency rule.
- You have lived apart for a year or you are incompatible.
- You have no minor children together and the wife, to her knowledge, isn't pregnant, or you've signed an agreement on custody and on the amount and manner of support.
- You have no community or joint property, or you've signed an agreement dividing it and assigning the debts, and signed the deeds, titles and other transfer papers it needs.
- You both waive spousal support, or you've agreed on its amount and manner.
- You both waive written notice of entry of the decree, an appeal, findings of fact and conclusions of law, and a new trial.
- You both want the court to grant the divorce.
The petition must be "signed under oath by both spouses" (NRS 125.182). It states the date and place of the marriage, both mailing addresses, whether there are children or a pregnancy, and whether either of you wants a former name back. The statute opens:
A summary proceeding for divorce may be commenced by filing in any district court a joint petition, signed under oath by both spouses, stating that as of the date of filing, every condition set forth in NRS 125.181 has been met
A resident witness affidavit must go with it, and any marital settlement agreement is attached as an exhibit. Clark County's forms must be signed before a notary.
What you give up
The decree on a joint petition "constitutes a final adjudication of the rights and obligations of the parties with respect to the status of the marriage and the property rights of the parties" (NRS 125.184). You can't appeal it. You can still ask a court to set it aside "for fraud, duress, accident, mistake or other grounds recognized at law or in equity."
Changing your mind
Either spouse can revoke the joint petition at any time before the decree is entered, by filing a notice of revocation with the clerk and mailing a copy to the other spouse by first-class mail (NRS 125.183). That ends the summary proceeding.
Filing a joint petition in Clark County
Clark's Family Law Self-Help Center lists four steps: fill out the forms, file them, turn in the decree to the judge, and send a copy of the final decree to your spouse. The forms are the family court cover sheet, the confidential information sheet, the affidavit of resident witness, the joint petition and the decree. Its guided interview, Guide and File, can prepare them.
The fee is $299, or you can apply for a waiver; for a joint petition "both spouses must complete separate applications". E-filing through eFileNV adds $3.50. After filing, you send the decree to your assigned department with the filed petition attached. The center warns that your divorce is final on the date the decree is filed, not the date the judge signs it.
Filing in Washoe County
Washoe's Resource Center publishes numbered packets: D-2 (joint petition, no minor children) and D-4 (joint petition, with minor children). If you filed a complaint and later agree on everything, packets C-1 and C-2 convert the complaint into a joint petition. The fee is $284. See forms.
When one spouse files: a settled case
If you started with a complaint and then settle, your spouse files an answer and pays the answer fee, and you both sign the decree. Clark's center says that in that situation you "can usually submit the Decree to the judge for approval without a hearing."
When your spouse doesn't answer: default
Your spouse has 21 days after service to respond (NRCP 12); a spouse who signed a waiver of service has 60 days from when the request was sent. After that you can ask the clerk to enter a default (NRCP 55). Nevada allows the decree itself to be granted on affidavits: "An application for a decree of divorce by default may be made by affidavit unless the court requires oral testimony of the witnesses" (NRS 125.123).
In Clark County, a plaintiff who wants no hearing files a request for summary disposition and a supporting affidavit, along with the resident witness affidavit and the confidential information sheet, then sends the proposed decree to the judge. A default decree normally gives you what the complaint asked for. If your spouse had appeared in the case, you must first send a notice giving seven days to respond.
Ignoring the papers is a poor strategy for the other spouse. The state self-help center puts it bluntly: "If you do not, the court could enter a default against you, and your spouse may be able to get everything they asked for in their complaint."
If you can't find your spouse
Service must happen within 120 days of filing. If your spouse can be reached but not located, the judge can allow alternative service, such as email or text. If your spouse can't be found at all, the judge can allow publication once a week for four weeks, after you show a diligent search (NRCP 4.4). Default then follows the usual course.
Frequently asked questions
How long does an uncontested divorce take in Nevada?
Nevada has no waiting period, so a joint petition takes as long as the clerk and judge need to review it. Clark's self-help center notes that mailed filings take three to four weeks to process; e-filing is faster.
Do we have to go to court for a joint petition in Nevada?
Usually not. The state self-help center says the parties usually don't have to appear in front of a judge.
Can we file a joint petition if we have children?
Yes, if you've agreed on custody, visitation and child support and put that agreement in the petition. The judge still reviews it. If you agree on support that differs from the guidelines, the agreement must state both incomes and the guideline amount, among other things (NAC 425.110).
What if my spouse won't sign the joint petition?
File a complaint for divorce on your own and have your spouse served. If your spouse doesn't answer within 21 days, you can seek a default decree.
Can a joint petition divorce be appealed?
No. Both spouses waive the right to appeal, to a new trial and to findings when they file. A decree can still be set aside for fraud, duress, accident or mistake.