Introduction
Nevada has long been known for its relatively straightforward divorce process, and that reputation is well-earned. With a short residency requirement of just six weeks, no mandatory waiting period after filing, and a no-fault ground that eliminates the need to assign blame, the state offers one of the most accessible paths to divorce in the United States.
However, "accessible" does not mean "simple." Nevada is a community property state, which means marital assets and debts are divided according to specific legal principles that can significantly affect your financial future. Issues involving child custody, spousal support, and complex property holdings can make even an uncontested divorce more complicated than expected.
This guide provides a comprehensive overview of divorce in Nevada, covering everything from grounds and residency requirements to property division, child custody, spousal support, and the step-by-step filing process. Whether you are just beginning to consider divorce or are ready to file, this resource will help you understand what to expect under Nevada law.
Grounds for Divorce
Nevada recognizes three statutory grounds for divorce under NRS 125.010:
Incompatibility (No-Fault)
The most commonly used ground for divorce in Nevada is incompatibility. This is a no-fault ground, meaning that neither spouse must prove the other did anything wrong. You simply need to assert that you and your spouse are incompatible and that the marriage is irretrievably broken. The vast majority of Nevada divorces are filed on this ground because it avoids the adversarial nature of fault-based claims and typically leads to a faster, less contentious process.
Insanity
A divorce may be granted if one spouse has been insane for a period of at least two years prior to the filing of the complaint. This ground requires supporting medical evidence and is rarely used in practice.
Living Separate and Apart
Nevada also permits divorce when the spouses have lived separate and apart for at least one year without cohabitation. While this ground is available, most couples find the incompatibility ground far more practical and efficient.
Choosing the Right Ground
For the overwhelming majority of couples, filing on the ground of incompatibility is the simplest and most effective approach. It does not require you to prove fault, present extensive evidence, or wait for an extended separation period. If you are unsure which ground applies to your situation, consulting with a family law attorney is advisable.
Residency Requirements
Under NRS 125.020, at least one spouse must have been a resident of the State of Nevada for a period of not less than six weeks immediately preceding the filing of the divorce complaint. This is one of the shortest residency requirements in the nation.
Residency can be established by living in any county in Nevada. The divorce must generally be filed in the county where the qualifying spouse resides. To prove residency, you may need to provide a witness affidavit or other documentation, such as a Nevada driver's license, voter registration, utility bills, or a lease agreement, confirming that you have been physically present and domiciled in the state for the required period.
If neither spouse meets the six-week residency requirement at the time of filing, the court does not have jurisdiction to grant the divorce in Nevada, and you will need to file in a state where residency requirements are satisfied.
Property Division
Nevada is a community property state, not an equitable distribution state. This distinction is critically important and directly affects how assets and debts are divided in a divorce.
Community Property vs. Separate Property
Under NRS 125.150, the court is required to make, to the extent practicable, an equal division of all community property. Community property generally includes all assets acquired and debts incurred by either spouse during the marriage, regardless of whose name is on the title or account.
Separate property — which includes assets owned before the marriage, gifts received by one spouse individually, and inheritances — remains the property of the individual spouse and is generally not subject to division. However, if separate property has been commingled with community property, tracing its origin can become complex, and it may lose its separate character.
How Division Works in Practice
The court's goal is a 50/50 split of community property. This does not mean that every asset is split in half; rather, each spouse should receive property and assume debts that are roughly equal in total value. For example, one spouse might keep the family home while the other retains retirement accounts of comparable value.
Items commonly subject to division include:
- Real estate, including the marital home
- Bank accounts and investment portfolios
- Retirement accounts, pensions, and 401(k) plans
- Vehicles and personal property
- Business interests
- Marital debts, including mortgages, credit cards, and loans
Prenuptial and Postnuptial Agreements
If the spouses entered into a valid prenuptial or postnuptial agreement, the terms of that agreement may override the default community property rules. Courts will generally uphold these agreements as long as they were entered into voluntarily, with full financial disclosure, and are not unconscionable.
Child Custody
Child custody is often the most emotionally challenging aspect of any divorce. Nevada courts make custody decisions based on the best interests of the child, considering a wide range of factors.
Types of Custody
Nevada law distinguishes between legal custody (the right to make major decisions about the child's upbringing, including education, healthcare, and religious training) and physical custody (where the child lives on a day-to-day basis). Both legal and physical custody can be awarded jointly or to one parent.
Joint Custody Presumption
Nevada courts generally favor joint custody arrangements when both parents are fit and capable. Joint physical custody does not necessarily mean an exact 50/50 time split, but it does mean that each parent has significant, meaningful time with the child.
Factors Considered
When determining custody, the court evaluates factors such as:
- The wishes of the child (if the child is of sufficient age and maturity)
- The child's relationship with each parent and other family members
- Each parent's ability to provide a safe, stable environment
- The mental and physical health of each parent
- The child's adjustment to home, school, and community
- Any history of domestic violence, abuse, or substance abuse
- Each parent's willingness to foster a positive relationship between the child and the other parent
Child Support
Child support in Nevada is calculated according to statutory guidelines based on the non-custodial parent's gross monthly income. The percentage varies depending on the number of children: 18% for one child, 25% for two children, 29% for three children, 31% for four children, and an additional 2% for each additional child. Adjustments may be made based on the needs of the child, the income of both parents, and other relevant factors.
Spousal Support (Alimony)
Spousal support, also known as alimony, is not automatically awarded in every Nevada divorce. The court has broad discretion to award support based on the circumstances of the case.
Factors Considered
Under NRS 125.150, the court may consider factors including:
- The financial condition of each spouse
- The length of the marriage
- The standard of living established during the marriage
- Each spouse's earning capacity, education, and job skills
- The age and health of each spouse
- Contributions of one spouse to the education or career of the other
- The property awarded to each spouse in the divorce
Types of Alimony
Nevada courts may award temporary alimony (during the divorce proceedings), rehabilitative alimony (to support a spouse while they obtain education or training), or permanent alimony (typically reserved for long-term marriages where one spouse cannot become self-sufficient). The court may also award a lump-sum payment in lieu of ongoing support.
Filing Process
Here is a general overview of the steps involved in filing for divorce in Nevada:
Step 1: Prepare the Complaint
The divorce process begins with the filing of a Complaint for Divorce. This document identifies the parties, states the grounds for divorce, and outlines what you are requesting in terms of property division, custody, support, and other relief.
Step 2: File with the Court
File the Complaint for Divorce with the clerk of the district court in the county where the residency requirement is met. You will need to pay the filing fee at this time.
Step 3: Serve the Other Spouse
The filed Complaint must be formally served on your spouse according to Nevada's rules of civil procedure. Service may be accomplished through personal delivery by a process server, by acceptance of service, or by other methods approved by the court.
Step 4: Response
After being served, your spouse has 20 days (or 30 days if served out of state) to file a response. If your spouse does not respond, you may be able to obtain a default judgment.
Step 5: Discovery and Negotiation
In contested cases, both parties exchange financial disclosures and other relevant information. Many cases are resolved through negotiation, mediation, or settlement conferences without the need for a trial.
Step 6: Trial or Final Hearing
If the parties reach an agreement, the court will review the settlement and, if it is found to be fair and equitable, enter a Decree of Divorce. If no agreement is reached, the case proceeds to trial, where a judge will make final decisions on all contested issues.
Timeline and Costs
Filing Fee
The filing fee for a divorce in Nevada ranges from approximately $284 to $364, depending on the county. As of February 2026, you should verify the exact fee with your local clerk's office, as fees are subject to change.
Waiting Period
Nevada has no mandatory waiting period after filing. This means that an uncontested divorce can potentially be finalized very quickly — in some cases, within a few weeks of filing.
Overall Timeline
- Uncontested divorce (no children, no property disputes): Potentially finalized in as little as 2–4 weeks.
- Uncontested divorce with children or property: Typically 1–3 months, depending on the complexity of the agreement and the court's schedule.
- Contested divorce: Can take 6 months to over a year, particularly if the case involves complex property, custody disputes, or goes to trial.
Additional Costs
Beyond the filing fee, additional costs may include attorney's fees, mediator fees, court reporter fees, service of process costs, and fees for financial experts such as appraisers or forensic accountants. The total cost of a divorce varies widely based on the complexity and contentiousness of the case.
Legal Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and procedures are subject to change, and individual circumstances vary significantly. The information presented here is based on Nevada law as of the date of publication and may not reflect the most current legal developments. Filing fees, court procedures, and statutory provisions should be verified with the appropriate court or a qualified attorney. You should consult with a licensed Nevada family law attorney before making any legal decisions regarding your divorce. No attorney-client relationship is created by reading this guide.