Nevada Divorce Information
and FAQ
The State of Nevada permits divorces to be granted on several
grounds: Incompatibility; living separate and apart for one year
without cohabitation; and insanity of a party which existed for at
least two years prior to filing for divorce. NRS 125.010
Residency requirements At least one of the parties to the divorce
action must have resided in Nevada for at least six weeks prior to
the filing of the action, or the cause of the divorce must have
arose in the county in Nevada where the parties actually lived at
the time of the happening of the cause.
The divorce action may be filed in any county where: the cause
for divorce arose; where the defendant resides or may be found;
where the plaintiff resides, or; where the parties last cohabited.
NRS 125.020
Name of court and title of action/parties An action for divorce
is filed in District Court. The action initiating the divorce is
called a Complaint for Divorce, while the title of the action
granting the divorce is called the Decree of Divorce. The filing
party is referred to as the Plaintiff, and the other party to the
action is referred to as the Defendant. NRS 125.020 Legal separation
If there exists grounds for a divorce, or if a party has been
deserted by the other spouse for a period of ninety days, that party
may file an action for separate maintenance and support for himself
and any children of the marriage. NRS 125.190
Simplified divorce procedure A summary proceeding for divorce may
be commenced by the filing of a joint petition if;
1. Either party meets the jurisdictional requirements of Nevada;
2. The parties have lived separate and apart for one year without
cohabitation or they are incompatible;
3. The parties have no minor children and the wife is not
pregnant; or the parties have executed an agreement which covers all
issues of custody and support;
4. There is no community or joint property/debts of the marriage,
or the parties have executed an agreement which sets forth the terms
of the division of any community property/debts;
5. The parties waive any rights to alimony, or the parties have
executed an agreement which sets forth the terms of any such
alimony;
6. The parties waive their rights to written notice of entry of
the Decree of Divorce, to appeal, to request Findings of Fact and
Conclusions of Law, and to move for a new trial, and;
7. The parties desire that the court enter a decree of divorce.
NRS 125.181
Mediation There are no requirements in Nevada for mediation.
Alimony In granting a divorce, the courts in Nevada may award
alimony to either party in lump sum or in periodic payments as the
court deems equitable and just. Factors the court will consider in
granting alimony include:
1. Whether the payor spouse has obtained greater job skills or
education during the marriage; 2. Whether the payee spouse provided
financial support to the payor spouse while the payor obtained job
skills or education.
The order to pay alimony to a spouse terminates upon the death of
either spouse or the remarriage of the spouse receiving alimony. NRS
125.150
Distribution of property Nevada is a community property state in
which the court will divide all property of the marriage equally,
unless the court finds a compelling reason to not do so. The reasons
for not equally dividing the community property must be in writing.
NRS 125.150 Child Custody In determining the custody of a child of
the marriage, the best interests of the child is the court's sole
consideration. There is a presumption that joint custody would be in
the best interests of the child. Among the factors the court will
consider in determining the best interests of the child are:
1. The wishes of the child; 2. The wishes of the parents; 3.
Whether either parent has engaged in acts of domestic violence
against the child, other parent, or any other person residing with
the child..
Preference shall not be given to either parent in making custody
determinations based upon the sex of the parties. NRS 125.480
Child support Nevada has established child support guidelines
which are presumed to be the correct amount of child support due
unless there is a showing that the needs of the child would not be
met by the application of the guidelines. In such cases the court
shall set forth the reasons for deviating from the guidelines and
include in its ruling the amount that would have been awarded under
the guidelines. The following factors shall be considered by the
court when adjusting the amount of support: 1. The cost of health
insurance (every support order must include provisions for health
insurance of the child); 2. The cost of child care; 3. Special
educational needs of the child; 4. The age of the child; 5. The
responsibility of the parents for the support of others; 6. The
value of services contributed by either parent; 7. Any public
assistance paid to support the child; 8. Any reasonable expense
relating to the mother's pregnancy; 9. The cost of transportation
relating to visitation; 10. The amount of time the child spends with
each parent; 11. Necessary expenses for the child's benefit; 12. The
relative income of each parent. NRS 125B.080
Name change The court may change the name of the wife to any
former name she may have borne upon the granting of a divorce. NRS
125.130 Access to records relating to the child Access to records
and other information relating to the child shall not be denied to a
parent solely because that parent is not the child's custodial
parent. NRS 125.520
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