How to File for Divorce in Nevada

Nevada divorces are filed in District Court. Nevada is a community property state; most assets and debts acquired during the marriage are divided equally unless you agree otherwise or the court finds a reason to deviate. Nevada offers fast timelines for uncontested cases and permits joint petitions when both spouses agree.

Requirements to File

At least one spouse must have lived in Nevada for six weeks before filing, and a resident witness must be able to attest to that residency. File in the District Court for the county where either spouse resides. There is no separation requirement to start.

Step-by-Step Process

Step 1: Choose your path and prepare forms. For uncontested cases, consider a Joint Petition with a signed Marital Settlement Agreement. Otherwise, prepare a Complaint for Divorce, Summons, and financial disclosures. With children, include a Parenting Plan.

Step 2: File with the clerk. File at the District Court (many counties support e-filing). Pay the filing fee or request a fee waiver if needed. You’ll receive a case number and filed copies.

Step 3: Serve your spouse (if not filing jointly). Use personal service by sheriff or process server, or mail with acknowledgment where allowed. If you cannot locate your spouse after diligent efforts, request publication or another alternate service.

Step 4: Observe timelines and disclosures. A respondent typically has 20 days after service to answer. Exchange complete financial information early; some courts require parent education in cases with minor children.

Step 5: Settlement or hearing. If you settle, submit your Settlement Agreement, child-related orders if applicable, and a proposed Decree of Divorce for review. If disputes remain, the court may set case management, mediation, and hearings.

Step 6: Final decree. The judge signs a Decree of Divorce covering property/debt division, alimony if any, legal/physical custody and parenting time, child support, and any name change. Obtain certified copies for records and accounts.

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FAQs

Is there a waiting period in Nevada?
No general waiting period applies; uncontested cases can finalize quickly once paperwork is complete.

Which court handles divorces in Nevada?
The District Court in the county where either spouse resides.

Do we need a resident witness?
Yes. A resident witness must attest that at least one spouse has lived in Nevada for six weeks before filing.