Nevada Revised Statutes Chapter 125 - Dissolution of Marriage

Nevada recognizes three grounds for divorce: incompatibility (no-fault, most common), living separate and apart for 1 year without cohabitation, and insanity existing for 2 years before filing. A divorce granted on insanity grounds does not relieve the successful party from contributing to the support of the incapacitated spouse.

Effective: 2024

Either the plaintiff or defendant must have been a Nevada resident for at least 6 weeks before filing — one of the shortest residency requirements in the nation. The complaint must be verified, and may be filed in any county where the cause arose, where either party resides, or where the parties last cohabited.

Effective: 2024

When the court finds grounds for divorce exist, it may grant the divorce to either party — not just the spouse who filed. This means even if you are the respondent, the court can award you the divorce if grounds are established.

Effective: 2024

Nevada is a community property state requiring equal (not merely equitable) division. The court must, to the extent practicable, make an equal disposition of community property. An unequal division is only permitted when the court finds a compelling reason — such as waste, fraud, or asset dissipation — and must state those reasons in writing.

Effective: 2024

Joint tenancy property is divided the same way as community property, with a presumption of equal division. If one spouse contributed separate property funds toward jointly held property, the court may reimburse that contribution — but only up to the traceable separate property amount, without interest or appreciation.

Effective: 2024

If community property or a liability was left out of the divorce decree due to fraud or mistake, either party may file a post-judgment motion to have it adjudicated. This motion must be filed within 3 years after discovering the fraud or mistake.

Effective: 2024

For pensions from Nevada's Public Employees' Retirement System or Judicial Retirement Plan, the court uses a 'time rule' — dividing only the portion earned during the marriage. The court cannot factor in post-divorce promotions or raises. Payment to the non-employee spouse may be delayed until the employee actually retires, secured by bond or life insurance.

Effective: 2024

All property acquired by either spouse during the marriage is community property, regardless of whose name is on the title or who earned the income. This includes wages, real estate, vehicles, retirement contributions, and debts. The law presumes equal ownership from the moment of acquisition.

Effective: 2024

Separate property includes anything owned before marriage, received as a gift or inheritance, or awarded as personal injury damages. The rents, interest, and profits from separate property also remain separate. Separate property is generally not subject to equal division, but the court may set apart a portion for the other spouse's support in certain circumstances.

Effective: 2024

The sole consideration in custody decisions is the child's best interest. The court evaluates 12 statutory factors including the child's wishes, each parent's willingness to foster the other parent's relationship, parental conflict, mental and physical health of parents, the child's developmental needs, sibling relationships, and any history of domestic violence or abuse. Neither parent receives preference based on gender.

Effective: 2024

Joint physical custody is presumed not to be in the child's best interest if substantial evidence shows a parent cannot care for the child for at least 146 days per year, the child was born out of wedlock with specific conditions, or clear and convincing evidence shows a parent committed domestic violence. The domestic violence presumption is rebuttable.

Effective: 2024

Joint physical custody means each parent has the child for at least 40% of the time (roughly 146 days per year). Nevada courts favor shared parenting when practical, and the custody arrangement directly affects child support calculations — joint custody uses a different formula than primary custody.

Effective: 2024

A custodial parent who wants to relocate out of state — or far enough within Nevada to substantially impair the other parent's relationship — must first seek written consent from the non-custodial parent. If consent is refused, the relocating parent must petition the court for permission.

Effective: 2024

The relocating parent bears the burden of proving the move is in the child's best interest. The court evaluates whether the parent has a sensible, good-faith reason for the move, does not intend to deprive the other parent of time, and that both the child and relocating parent will benefit from the relocation.

Effective: 2024

When parents share joint physical custody and one wants to relocate, the moving parent must obtain consent or petition the court for primary custody for the purpose of relocating. Moving without court permission is unlawful under NRS 200.359. Unreasonable refusal of consent may result in an award of attorney's fees.

Effective: 2024

Nevada uses a percentage-of-income model for child support: 18% of gross monthly income for one child, 25% for two, 29% for three, 31% for four, and 2% more for each additional child. A statutory cap applies based on income ranges, with presumptive maximums published annually. Since 2020 reforms, detailed calculation tiers are in NAC 425 administrative regulations.

Effective: 2024

Courts may deviate from the standard formula based on 9 factors: cost of health insurance, child care costs, special educational needs, age of the child, support obligations for other children, value of services contributed by each parent, public assistance received, pregnancy-related expenses, and transportation costs for visitation. The minimum order is $100 per month per child. Any deviation must be justified in written findings.

Effective: 2024

Child support orders can be reviewed at any time based on changed circumstances. A 20% or greater change in gross monthly income automatically qualifies as a change in circumstances requiring review. Each parent must be notified at least every 3 years that they may request a review of the order.

Effective: 2024

The court may award alimony to either spouse as a lump sum or periodic payments, as appears just and equitable. Nevada recognizes four types: temporary support during the divorce, rehabilitative alimony for education or job training, fixed-term alimony with a set end date (most common), and permanent alimony for long marriages where self-sufficiency is not possible.

Effective: 2024

Courts must consider 11 statutory factors when determining alimony: each spouse's financial condition, property value, contributions to marital property, marriage duration, income and earning capacity, age and health, standard of living during marriage, specialized education or training, homemaker contributions, property awarded in the divorce, and each party's physical and mental condition as it relates to employability.

Effective: 2024

The court must specifically consider whether to grant alimony for the purpose of obtaining education, training, or skills related to a job, career, or profession. This is designed to help a dependent spouse become self-supporting after divorce, and is one of the most frequently awarded forms of alimony in Nevada.

Effective: 2024

Alimony payments that have not yet accrued may be modified upon a showing of changed circumstances. A 20% or more change in the paying spouse's gross monthly income is automatically deemed a changed circumstance requiring review. The court must also consider whether the payer's income has dropped so much that they cannot afford the ordered amount.

Effective: 2024

While a divorce is pending, the court may order either spouse to pay money for three purposes: temporary maintenance for the other spouse, temporary child support, or funds to enable the other spouse to carry on or defend the lawsuit. The court must consider the financial situation of both parties before issuing such orders.

Effective: 2024

Divorce proceedings must conform to the Nevada Rules of Civil Procedure as closely as possible, except for summary proceedings under NRS 125.181–125.184 (divorce) and NRS 125.443–125.449 (annulment), which follow simplified procedures.

Effective: 2024

Nevada allows a simplified (summary) divorce when all conditions are met: either party meets the 6-week residency requirement, the grounds are incompatibility or 1-year separation, there are no minor children or the parties have a signed custody/support agreement, and there is no community property or the parties have a signed property division agreement. Both parties must waive alimony or agree in writing.

Effective: 2024

A summary divorce begins with a joint petition signed under oath by both spouses, filed in any district court. The petition must state the jurisdictional facts, grounds for divorce, and include an affidavit corroborating residency. This is the fastest path to divorce in Nevada — there is no mandatory waiting period after filing.

Effective: 2024

A Nevada divorce decree is final and absolute — it fully dissolves the marriage. The court may also order a name change for either party to any former name they have legally borne. The decree includes duties concerning social security numbers of both parties.

Effective: 2024

The court has broad enforcement powers over divorce judgments and orders, including appointing a receiver, requiring security, issuing execution against property, ordering the sale of real or personal property, and punishing disobedience as contempt of court. These powers apply to orders made before or after the final judgment.

Effective: 2024

Any restraining order issued during a divorce that functions as a domestic violence protection order must contain notice about bail restrictions. A person arrested for violating such an order will not be admitted to bail for at least 12 hours if the violation involved a threat of harm, the person previously violated a protection order, or the person had a BAC of 0.08+ or prohibited substance at the time.

Effective: 2024

Violating a temporary protection order issued in a divorce case is a misdemeanor. A second violation of an extended order is a gross misdemeanor. Two or more prior violations of an extended order elevates the offense to a category D felony. These penalties mirror the domestic violence protection order framework in NRS Chapter 33.

Effective: 2024

A prenuptial agreement is unenforceable if the challenging spouse proves it was not signed voluntarily, was unconscionable at execution, or that they were not given fair disclosure of the other party's finances and did not waive that right. Courts also refuse to enforce provisions that would leave a spouse eligible for public assistance.

Effective: 2024

Nevada adopted the Uniform Collaborative Law Act, allowing divorcing spouses to resolve disputes through a collaborative process. Both parties and their lawyers sign a participation agreement committing to good-faith negotiation without court intervention. If the collaborative process fails, both lawyers must withdraw and the parties must hire new counsel for litigation.

Effective: 2024

When a parent falls behind on child support payments, the unpaid amount can be recorded as a lien against their real and personal property. NRS 125B.142 provides that recording a support order after arrearage creates an automatic lien. NRS 125B.144 gives full faith and credit to child support liens recorded in other states.

Effective: 2024

Federal disability benefits awarded to a veteran for service-connected disabilities cannot be attached, levied, seized, assigned, or divided in a divorce. The court cannot even consider these benefits when dividing community property. Military retirement pay earned during the marriage is subject to community property division under the federal Uniformed Services Former Spouses' Protection Act (USFSPA).

Effective: 2024