Divorce Laws in Nevada: Complete 2026 Guide

Nevada recognizes three statutory grounds for divorce under NRS 125.010. The most commonly used ground is incompatibility, which is a no-fault ground meaning that neither spouse must prove the other did anything wrong. A spouse simply needs to allege that the parties are incompatible — that they can no longer live together as a married couple and there is no reasonable prospect of reconciliation. Nearly all modern Nevada divorces are filed on this basis. The second ground is that the spouses have lived separate and apart for one year without cohabitation (NRS 125.010(2)). This is also a no-fault ground and may be used when one spouse wishes to demonstrate a prolonged period of separation. The court has discretion to grant an absolute decree of divorce at the suit of either party when this one-year separation is proven. The third ground is insanity existing for two years prior to the commencement of the action (NRS 125.010(1)). This ground is rarely used. If divorce is granted on insanity grounds, the court requires corroborative evidence and the successful party is not relieved from contributing to the support and maintenance of the defendant spouse. The court may also require the plaintiff to post a bond to secure such support. It is important to note that Nevada is a purely no-fault state — there is no option to file on traditional fault-based grounds such as adultery, cruelty, or abandonment. The Nevada Self-Help Center confirms that 'the person asking for a divorce does not have to prove that anybody did anything wrong.' This no-fault framework extends to alimony determinations as well, where marital misconduct generally is not a factor the court considers. Because incompatibility is such a broad and easily established ground, contested divorces in Nevada typically focus not on whether a divorce should be granted, but rather on the terms — how property should be divided, whether alimony is appropriate, and what custody arrangement serves the children's best interests.

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 commencement of the divorce action. This is one of the shortest residency requirements in the entire United States and is a primary reason Nevada has historically been a popular state for obtaining a divorce. There is no county-specific residency requirement — only the six-week state residency must be met. The only exception to the six-week requirement is if the cause of action (the reason for divorce) occurred within a Nevada county while both spouses were actually domiciled there. In that narrow circumstance, the six-week residency period may not apply. Otherwise, the filing spouse must prove Nevada residency through an Affidavit of Resident Witness — a sworn statement by another Nevada resident confirming that they have personal knowledge of the filing spouse's physical presence in Nevada for at least six weeks. Nevada law defines 'residence' as physical presence, following the Nevada Supreme Court's ruling in Senjab v. Alhulaibi. Under NRS 10.155, residence for purposes of filing a lawsuit means the place where a person 'has been physically present' during the entire period claimed. The court previously required intent to remain in Nevada (domicile), but the Senjab decision clarified that mere physical presence satisfies the statute. For military service members, special rules apply. If a service member lived in Nevada before being stationed elsewhere and their Leave and Earnings Statement (LES) still shows Nevada, they may file for divorce in Nevada even while deployed. However, they still need a resident witness who can attest to their Nevada residency. Importantly, the six-week residency requirement applies only to the divorce itself. If minor children are involved, Nevada requires the children to have lived in the state for at least six months before the court will exercise jurisdiction over custody and visitation matters under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in NRS Chapter 125A.

Nevada is a community property state, not an equitable distribution state. Under NRS 125.150, the court is required to make, to the extent practicable, an equal disposition of the community property of the parties. This means that all assets and debts acquired during the marriage are presumed to belong equally to both spouses and are generally split 50/50 in a divorce. Community property includes virtually all income earned, property purchased, and debts incurred by either spouse during the marriage, regardless of whose name is on the title or account. This encompasses real estate, vehicles, bank accounts, retirement accounts, business interests, and household items. In contrast, separate property — which is not subject to division — includes property owned by a spouse before the marriage, gifts received by one spouse individually, inheritances, and personal injury awards. While the general rule is equal division, the court has discretion under NRS 125.150(1)(b) to make an unequal disposition of community property if it finds a 'compelling reason' to do so. However, the court must set forth in writing the specific reasons for making an unequal division. Examples of compelling reasons may include one spouse's economic waste or dissipation of community assets, fraud, or other egregious conduct affecting the marital estate. Property held in joint tenancy is treated the same as community property for division purposes under NRS 125.150(2). The court also has authority to set apart a portion of one spouse's separate property for the other spouse's support if the circumstances warrant it. Retirement benefits, pensions, and similar assets earned during the marriage are also subject to division, with special provisions under NRS 125.155 addressing public employee retirement benefits. Given these rules, spouses are encouraged to reach a property settlement agreement on their own, which the court can then approve and incorporate into the divorce decree. If they cannot agree, the court will hold an evidentiary hearing and apply the community property framework to divide the marital estate.

Nevada law authorizes the court to award alimony (spousal support) to either spouse under NRS 125.150. The statute provides that the court may award alimony 'in a specified principal sum or as specified periodic payments, as appears just and equitable.' Alimony is not an automatic entitlement in Nevada; it is awarded on a case-by-case basis after the court weighs multiple statutory factors. Under NRS 125.150(9), the court must consider eleven specific factors when determining whether to award alimony and in what amount: (a) the financial condition of each spouse, (b) the nature and value of each spouse's property, (c) each spouse's contribution to any property held jointly or by either spouse, (d) the duration of the marriage, (e) the income, earning capacity, age, and health of each spouse, (f) the standard of living during the marriage, (g) the career before the marriage of the spouse who would receive alimony, (h) the existence of specialized education or training attained by each spouse during the marriage, (i) the contribution of either spouse as homemaker, (j) the property award granted in the divorce, and (k) the physical and mental condition of each party as it relates to their financial condition and ability to work. The court may also consider any other factor it deems relevant, but it must not consider marital fault or misconduct. Nevada recognizes several types of spousal support: temporary support (paid during the divorce proceedings under NRS 125.040), rehabilitative alimony (to help a spouse obtain education or training to become self-sufficient, as specifically addressed in NRS 125.150(10)), lump-sum alimony (a one-time payment), periodic alimony (monthly payments for a set duration), and permanent alimony (typically reserved for long-term marriages where a spouse cannot become self-supporting due to age or health). While there is no rigid statutory formula, a common practice guide among Nevada attorneys is the 'Tonopah Formula,' an unofficial guideline that provides a starting point based on income disparity and marriage length. Alimony may be modified upon a showing of changed circumstances. Under NRS 125.150, a change of 20% or more in the gross monthly income of the paying spouse constitutes changed circumstances requiring a court review. Alimony payments generally terminate upon the death of either spouse or the remarriage of the receiving spouse. For divorces finalized after December 31, 2018, alimony is not tax-deductible for the payor and not taxable income for the recipient under federal law.

In Nevada, all child custody determinations are governed by the 'best interest of the child' standard under NRS 125C.0035. The court distinguishes between two types of custody: legal custody (the right to make major decisions about the child's health, education, and welfare) and physical custody (where the child lives on a day-to-day basis). Nevada law favors joint custody arrangements for both legal and physical custody whenever possible. Under NRS 125C.0035(2), the court must not give preference to either parent solely based on the parent's sex. The statute directs the court to award physical custody in the following order of preference: (1) to both parents jointly, (2) to either parent, (3) to a person in whose home the child has been living in a wholesome and stable environment, (4) to a relative within the fifth degree of consanguinity, or (5) to any other suitable person. If the court declines to award joint physical custody when a parent has requested it, the court must state its reasons in writing. Joint physical custody in Nevada is generally defined as each parent having the child at least 40% of the time (approximately 146 days per year). Primary physical custody means one parent has the child more than 60% of the time. Under NRS 125C.003, joint physical custody is presumed not to be in the child's best interest if: (a) a parent cannot adequately care for the child for at least 146 days per year, (b) the child is born out of wedlock and certain conditions apply, or (c) there is clear and convincing evidence that a parent has engaged in domestic violence. In determining the best interest of the child, NRS 125C.0035(4) requires the court to consider and make specific findings on numerous factors, including: the wishes of the child (if of sufficient age and maturity), any nomination of a guardian by a parent, which parent is more likely to foster a continuing relationship with the other parent, the level of conflict between parents, the ability of parents to cooperate, the mental and physical health of the parents, the child's physical and developmental needs, the child's relationship with each parent and siblings, and whether any party has committed domestic violence or abduction. In contested custody cases, certain Nevada counties — notably Clark County (Las Vegas) — require parents to attend mediation through the Family Mediation Center before the case can proceed to trial, unless there is a history of domestic violence. Parents with minor children are also typically required to complete a parenting education course.

The first step in filing for divorce in Nevada is determining which filing method to use. If both spouses agree on all terms — grounds, property division, custody, and support — they can file a Joint Petition for Divorce under NRS 125.181–125.184. If there is any disagreement, the filing spouse must file a Complaint for Divorce and serve the other spouse. Forms are available through the Nevada Self-Help Center (selfhelp.nvcourts.gov), which offers both downloadable forms and guided online interviews that generate completed forms based on the user's answers. For a Joint Petition, both spouses sign the petition along with a marital settlement agreement addressing all issues. An Affidavit of Resident Witness must also be filed to prove at least one spouse has lived in Nevada for six weeks. The completed forms are filed with the District Court clerk in the county where either spouse resides. In Clark County (Las Vegas), the filing fee is approximately $364, and in Washoe County (Reno), it is approximately $284 as of recent schedules, though fees vary by county. Filing can generally be done electronically through the eFileNV system, which charges a small per-transaction processing fee of approximately $3.50. For a Complaint for Divorce, the filing spouse prepares the Complaint, a Summons, and the Affidavit of Resident Witness. After filing with the District Court, the filed documents must be personally served on the other spouse (the defendant). The court does not serve the papers — it is the filing party's responsibility. Service can be done through a process server, the sheriff, or any neutral adult who is not a party to the case. The defendant has 21 days after service to file an Answer and Counterclaim. After filing (in either method), the case proceeds based on its complexity. Joint petition cases are often approved without a hearing. Complaint-based cases may involve temporary orders for support or custody, financial disclosures, court-ordered mediation for custody disputes, and ultimately a trial if the parties cannot settle. If the defendant fails to respond within the 21-day window, the filing spouse may request a default divorce. If you cannot afford the filing fee, Nevada courts allow you to apply for a fee waiver by filing an Application to Proceed In Forma Pauperis. Divorce cases in Nevada are heard in the District Courts, which are courts of general jurisdiction. Nevada has 11 judicial districts spread across the state's 17 counties. The most active courts for family law matters are the Eighth Judicial District Court in Clark County (Las Vegas), which is the state's largest, and the Second Judicial District Court in Washoe County (Reno). Both of these courts have dedicated Family Court divisions or departments that exclusively handle divorce, custody, support, and other domestic relations cases. Within the District Court, family law cases are typically assigned to a specific judicial department. In Clark County, the Family Division of the Eighth Judicial District Court is located at the Family Courts and Services Center in Las Vegas. In Washoe County, the Second Judicial District Court handles family law matters at the courthouse in Reno. Rural counties may not have dedicated family divisions, but their District Courts still have jurisdiction over all divorce cases filed within that county. Appeals from District Court divorce decisions go to the Nevada Supreme Court or the Nevada Court of Appeals. In 2014, Nevada established the Court of Appeals as an intermediate appellate court to help manage the Supreme Court's caseload. Family law appeals — including those involving property division, alimony, and custody — may be assigned to either the Court of Appeals or the Supreme Court. The appellate court reviews District Court decisions for abuse of discretion, errors of law, or lack of substantial evidence supporting the findings.

Nevada has no mandatory waiting period or 'cooling-off' period after a divorce is filed. This is one of the most distinctive features of Nevada's divorce law and sets it apart from many other states that impose 30-day, 60-day, or even longer waiting periods before a divorce can be finalized. Once the six-week residency requirement is satisfied and the divorce papers are filed, the court can enter a divorce decree as soon as the judge reviews and signs the order. For joint petition (summary) divorces where both spouses agree on all terms, finalization can occur in as little as one to three weeks, since no service of process is required and no court hearing is typically necessary. For contested cases filed via a Complaint for Divorce, the timeline depends on the procedural requirements of service and response. After the complaint is filed, it must be served on the other spouse, who then has 21 days to file an answer. If the defendant does not respond, the filing spouse can request a default judgment. If the defendant contests the case, the matter proceeds through discovery, possible mediation, and potentially trial, which can take several months to over a year depending on complexity. In practical terms, an uncontested divorce where both parties cooperate can be completed in approximately 2–4 weeks. A contested divorce with service on a cooperative spouse typically takes 6–8 weeks. If the defendant cannot be located and must be served by publication, the process can take 16–18 weeks or longer. There is no mandatory separation period required before filing, and spouses do not need to live apart before or during the divorce proceedings.