Nevada abolished common law marriage on March 29, 1943, under NRS 122.010, meaning couples cannot create a common law marriage in the Silver State regardless of how long they live together. However, Nevada courts will recognize valid common law marriages established in the seven states that still permit them, including Colorado, Texas, Iowa, Kansas, Montana, New Hampshire, and Utah, plus the District of Columbia. If you formed a legitimate common law marriage in one of these jurisdictions and later relocated to Nevada, you must obtain a formal divorce through Nevada courts to legally end your union. There is no such thing as a common law divorce anywhere in the United States, as divorce exists only through statutory law.
Key Facts: Common Law Divorce in Nevada
| Factor | Nevada Requirement |
|---|---|
| Filing Fee | $364 (Clark County), $326-$364 (other counties) |
| Residency Requirement | 6 weeks (42 days) |
| Waiting Period | None |
| Grounds for Divorce | Incompatibility (no-fault) |
| Property Division | Community property (50/50 split) |
| Uncontested Timeline | 1-3 weeks |
| Contested Timeline | 6-18 months |
| Common Law Marriage Created in NV | Not permitted since March 29, 1943 |
| Out-of-State Common Law Marriage | Recognized under Full Faith and Credit |
Filing fee amounts as of March 2026. Verify current fees with your local district court clerk before filing.
Does Nevada Recognize Common Law Marriage?
Nevada does not permit couples to establish common law marriages within the state, but it fully recognizes valid common law marriages created in other jurisdictions. Under NRS 122.010, marriage in Nevada requires both a marriage license obtained from a county clerk and a ceremony performed by an authorized officiant. This statutory requirement has been in effect since March 29, 1943, when Nevada formally abolished common law marriage.
The distinction between creating and recognizing common law marriage is critical for couples who established their union elsewhere. The Full Faith and Credit Clause of the U.S. Constitution (Article IV, Section 1) requires Nevada to honor the public acts, records, and judicial proceedings of other states. For practical purposes, this means if you and your spouse entered into a valid common law marriage in Colorado, Texas, or another recognizing state, Nevada courts treat your marriage as legally equivalent to a ceremonial marriage when you seek a divorce.
Nevada law grandfathered common law marriages that existed before the March 29, 1943 abolition date. Under NRS 122.010(2), marriages contracted by consent alone prior to this date remain valid. While this provision has limited practical application today (given that any such marriages would be over 80 years old), it demonstrates Nevada's historical recognition of common law marriage principles.
Which States Recognize Common Law Marriage in 2026?
Only seven states plus the District of Columbia currently allow couples to form new common law marriages. Understanding where common law marriage remains valid is essential because Nevada will only recognize your marriage if it was legitimately established in one of these jurisdictions. As of 2026, the states that permit common law marriage formation are:
| Jurisdiction | Key Requirements |
|---|---|
| Colorado | Both parties 18+, mutual agreement, cohabitation, holding out as married |
| Texas | Agreement to marry, cohabitation, representation as married (or Declaration of Informal Marriage) |
| Iowa | Intent to marry, continuous cohabitation, public declaration |
| Kansas | Capacity to marry, present agreement, public holding out |
| Montana | Competent parties, mutual consent, cohabitation and repute |
| New Hampshire | Cohabitation and acknowledgment (only for estate purposes) |
| Utah | Capable parties, mutual consent, cohabitation, repute as married |
| District of Columbia | Intent to marry, cohabitation as married, community recognition |
Colorado, Montana, and Texas are the only U.S. jurisdictions that recognize both putative marriage (where one party mistakenly believes the marriage is valid) and common law marriage. Texas refers to common law marriage as informal marriage or marriage without formalities under Texas Family Code Sections 2.401 through 2.405.
Importantly, several states have abolished common law marriage in recent decades but still recognize unions created before their respective cutoff dates. South Carolina eliminated new common law marriages in 2019. Georgia stopped recognizing new common law marriages after January 1, 1997. Pennsylvania ended the practice after January 1, 2005. If you believe you had a common law marriage in one of these states, the date your marriage was established determines whether Nevada will recognize it.
How to Prove a Common Law Marriage for Nevada Divorce
Nevada courts require clear and convincing evidence that your common law marriage was validly established in a jurisdiction that recognizes such unions. The burden of proof falls on the party claiming the marriage exists. You must demonstrate three core elements: mutual agreement to be married, continuous cohabitation, and public representation as a married couple.
Documentation serves as the foundation for proving your common law marriage. Strong evidence includes joint income tax returns filed as married filing jointly or married filing separately with your spouse's name and Social Security number. Joint bank accounts, mortgages, and property deeds showing both names as a married couple provide substantial proof. Insurance policies naming your partner as spouse rather than domestic partner or beneficiary further support your claim.
Affidavits represent a critical form of evidence in common law marriage cases. Personal affidavits where each spouse swears under oath that the marriage exists should include the date and location where you mutually agreed to become spouses, details of any previous marriages, and a description of your shared life as a married couple. Third-party affidavits from friends, family members, neighbors, or coworkers who can testify to your cohabitation and reputation as a married couple strengthen your case significantly.
Evidence Checklist for Common Law Marriage
| Evidence Type | Examples | Evidentiary Weight |
|---|---|---|
| Tax Records | Joint federal/state returns filed as married | Strong |
| Financial Documents | Joint accounts, shared debts, co-signed loans | Strong |
| Property Records | Joint deeds, shared mortgages, co-owned vehicles | Strong |
| Insurance | Spousal health insurance, life insurance beneficiary designations | Strong |
| Official Documents | Affidavits of common law marriage filed with county | Very Strong |
| Social Proof | Wedding announcements, holiday cards signed as family | Moderate |
| Digital Evidence | Social media posts, online profiles listing spouse | Moderate |
| Witness Statements | Affidavits from family, friends, neighbors | Moderate to Strong |
In Texas specifically, couples may file a Declaration of Informal Marriage with the County Clerk, which creates official documentation of the common law marriage. If you executed such a declaration, obtain a certified copy before filing for divorce in Nevada.
Filing for Divorce in Nevada After a Common Law Marriage
The divorce process for common law marriages in Nevada is identical to the process for ceremonial marriages. Under NRS 125.020, at least one spouse must have been a Nevada resident for a minimum of six consecutive weeks (42 days) immediately before filing. This six-week residency requirement is the shortest in the United States, which historically made Nevada a popular destination for obtaining quick divorces.
You must file your divorce complaint in the district court of the county where either you or your spouse resides. Clark County (Las Vegas) charges a filing fee of $364 for a divorce complaint or $328 for a joint petition as of March 2026. Washoe County (Reno) charges $326. Other Nevada counties fall within this $326-$364 range. If you cannot afford the filing fee, you may request a fee waiver by filing an Application to Proceed In Forma Pauperis, which is generally available if your income falls below 125% of the federal poverty level ($18,075 annually for a single person in 2026).
Nevada is a purely no-fault divorce state. Under NRS 125.010, the only grounds for divorce are incompatibility, living separate and apart for one continuous year, or insanity existing for two years. Over 95% of Nevada divorces are filed on incompatibility grounds, which requires no proof of wrongdoing by either spouse.
Steps to File for Common Law Divorce in Nevada
- Establish Nevada residency for at least 6 weeks (42 days)
- Gather evidence of your common law marriage (tax returns, affidavits, financial records)
- Complete the Complaint for Divorce (form available from district court clerk or Nevada Self-Help Center)
- File your complaint with the district court and pay the filing fee ($326-$364)
- Serve your spouse with the divorce papers (or file a Joint Petition if both spouses agree)
- Wait for your spouse to respond (20 days if served in Nevada, 30 days if served out of state)
- Negotiate settlement terms or attend court hearings as scheduled
- Receive your final Decree of Divorce from the court
Property Division in Nevada Common Law Divorce
Nevada is one of nine community property states in the United States. Under NRS 125.150, courts must make an equal disposition of community property to the extent practicable. This means all assets and debts acquired during the marriage are presumed to belong equally to both spouses and must be divided 50/50 upon divorce.
Community property includes income earned by either spouse during the marriage, real estate purchased with community funds, retirement benefits earned during the marriage, vehicles and personal property acquired during the marriage, and debts incurred for marital purposes. Separate property, which remains with the original owner, includes assets owned before the marriage, inheritances received by one spouse individually, and gifts given to one spouse specifically.
For common law marriages, the date of marriage becomes crucial for property division purposes. Nevada courts will consider your common law marriage to have begun on the date you satisfied all requirements in the state where it was formed. This might be the date you moved in together and held yourselves out as married, the date you filed a Declaration of Informal Marriage (in Texas), or the date established through other evidence.
Community vs. Separate Property Comparison
| Property Type | Treatment in Divorce | Examples |
|---|---|---|
| Community Property | Divided 50/50 | Marital home purchased together, joint savings, retirement contributions during marriage |
| Separate Property | Retained by owner | Inheritance, premarital assets, personal gifts |
| Commingled Property | May become community | Separate funds deposited in joint account |
| Joint Tenancy Property | Divided as community | Property titled jointly during marriage |
Under NRS 125.150(1)(b), courts may deviate from equal division only for compelling reasons, which must be stated in writing. Compelling reasons include financial misconduct such as waste or secretion of community assets, charging substantial credit card debt after separation, negligent destruction of community property, or unauthorized gifts of community assets.
Spousal Support in Nevada Common Law Divorce
Alimony is not automatic in Nevada divorces, including those involving common law marriages. Under NRS 125.150, courts may award alimony to either spouse as appears just and equitable after considering eleven statutory factors. The length of your common law marriage directly impacts the likelihood and duration of any alimony award.
Nevada courts consider the following factors when determining alimony: the financial condition of each spouse, the nature and value of each spouse's property, each spouse's contribution to any property held jointly or separately, the duration of the marriage, each spouse's income and earning capacity, the age and health of both spouses, the standard of living during the marriage, each spouse's career before the marriage, any specialized education or training obtained during the marriage, any contributions to the other spouse's education or career advancement, and the physical and mental condition of each spouse as it relates to earning capacity.
For common law marriages, proving the duration of the union becomes particularly important for alimony determinations. Short-term marriages (under 5 years) rarely result in long-term alimony awards. Marriages lasting 5-10 years may qualify for limited-duration alimony. Marriages exceeding 10 years have a higher likelihood of resulting in longer-term or even permanent alimony awards.
Child Custody and Support in Nevada Common Law Divorce
Children born during a common law marriage are treated identically to children born during ceremonial marriages. Nevada courts determine custody based on the best interests of the child standard under NRS 125C.0035. Both parents have equal rights to custody regardless of the type of marriage.
Important jurisdictional consideration: Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Nevada requires children to have resided in the state for at least six months before the court can exercise jurisdiction over custody matters. This six-month requirement is separate from the six-week residency requirement for filing divorce. If your children have not lived in Nevada for six months, you may be able to file for divorce in Nevada but will need to address custody in the state where the children have resided.
Child support in Nevada follows the percentage of gross income model. The non-custodial parent typically pays 18% of gross monthly income for one child, 25% for two children, 29% for three children, 31% for four children, and an additional 2% for each additional child. Courts may deviate from these percentages based on factors including the cost of health insurance, childcare expenses, and any special needs of the children.
Timeline and Cost for Nevada Common Law Divorce
Nevada offers one of the fastest divorce timelines in the United States because it has no mandatory waiting period between filing and finalization. An uncontested common law divorce where both spouses agree on all terms can be completed in as little as 1-3 weeks. Contested divorces involving disputes over property, support, or custody typically take 6-18 months.
Nevada Divorce Cost Breakdown
| Expense Category | Estimated Cost Range |
|---|---|
| Filing Fee | $326-$364 |
| Service of Process | $50-$125 |
| Attorney Fees (Uncontested) | $500-$3,500 |
| Attorney Fees (Contested) | $5,000-$30,000+ |
| Mediation (if used) | $100-$350/hour |
| Document Preparation Services | $200-$500 |
| E-filing Fees | $3.50 per document |
| Total (Uncontested, Pro Se) | $400-$600 |
| Total (Uncontested with Attorney) | $1,000-$4,000 |
| Total (Contested with Attorney) | $10,000-$50,000+ |
The Joint Petition process under NRS 125.181 offers the fastest path to divorce. Both spouses file together as co-petitioners, submit their complete settlement agreement covering all property and custody terms, and receive a final decree within 10-14 business days without attending a court hearing if paperwork is properly completed and both spouses waive their right to appear.
Frequently Asked Questions
Can I get a common law divorce in Nevada if I was never ceremonially married?
No, there is no such thing as a common law divorce in any U.S. state. If you formed a valid common law marriage in one of the seven states that recognize them (Colorado, Texas, Iowa, Kansas, Montana, New Hampshire, or Utah) and now live in Nevada, you must obtain a formal, statutory divorce through Nevada courts. Nevada will recognize your common law marriage as valid but requires the same divorce process used for ceremonial marriages.
How long do I have to live in Nevada before filing for divorce from a common law marriage?
Under NRS 125.020, at least one spouse must have been a Nevada resident for a minimum of six consecutive weeks (42 days) immediately before filing for divorce. This is the shortest residency requirement in the United States. You must provide an Affidavit of Resident Witness from another Nevada resident who can attest to your residency.
What evidence do I need to prove my common law marriage was valid?
Nevada courts require clear and convincing evidence including joint tax returns filed as married, joint bank accounts and property deeds, insurance policies naming your partner as spouse, affidavits from both spouses swearing the marriage exists, and third-party affidavits from friends or family who witnessed your life as a married couple. If you filed a Declaration of Informal Marriage in Texas or similar documentation in another state, obtain certified copies.
How is property divided in a Nevada common law divorce?
Nevada is a community property state requiring 50/50 division of marital assets under NRS 125.150. All property and debt acquired during your common law marriage is presumed community property and must be divided equally. Separate property (owned before marriage, inheritances, personal gifts) remains with the original owner. Courts may deviate from equal division only for compelling reasons stated in writing.
Does Nevada have a waiting period for divorce?
No, Nevada has no mandatory waiting period between filing and finalization of divorce. Once you meet the 6-week residency requirement, an uncontested divorce can be completed in as little as 1-3 weeks. This makes Nevada one of the fastest states for obtaining a divorce in the United States.
Can I get alimony from a common law marriage divorce in Nevada?
Yes, courts may award alimony in common law divorce cases under the same criteria applied to ceremonial marriage divorces. Under NRS 125.150, courts consider eleven factors including marriage duration, each spouse's financial condition, earning capacity, and contributions to the marriage. The length of your common law marriage significantly impacts alimony determinations.
What if my spouse claims we were never common law married?
The party asserting the common law marriage exists bears the burden of proving it with clear and convincing evidence. You must demonstrate all three elements: mutual agreement to be married, continuous cohabitation, and holding out as married to the community. Gather documentary evidence (tax returns, joint accounts, insurance records) and witness affidavits. If disputed, the court will conduct a hearing to determine whether a valid common law marriage existed.
How much does a common law divorce cost in Nevada?
The filing fee ranges from $326-$364 depending on county, with Clark County (Las Vegas) charging $364. An uncontested divorce handled without an attorney costs approximately $400-$600 total. Uncontested divorces with attorney assistance typically cost $1,000-$4,000. Contested divorces involving property disputes or custody battles can cost $10,000-$50,000 or more in attorney fees.
What if we established our common law marriage in a state that has since abolished it?
Nevada will recognize your common law marriage if it was validly established before that state's abolition date. South Carolina eliminated new common law marriages in 2019, Georgia after January 1, 1997, and Pennsylvania after January 1, 2005. If your marriage was formed before the applicable cutoff date and met all requirements at that time, Nevada will recognize it as valid for divorce purposes.
Do I need a lawyer for a common law divorce in Nevada?
An attorney is not legally required, but professional assistance is strongly recommended when common law marriage validity may be disputed, significant assets or debts require division, children are involved and custody or support is contested, or one spouse objects to the divorce terms. The Nevada State Bar Lawyer Referral Service can connect you with qualified family law attorneys.
Disclaimer: This guide provides general information about common law marriage divorce in Nevada and is current as of May 2026. Filing fees, court procedures, and legal requirements may change. This content is not legal advice and does not create an attorney-client relationship. Consult with a licensed Nevada family law attorney for guidance specific to your situation.