Nevada Divorce Law
(DISCLAIMER: The information below here or anywhere on this website shall not be construed as legal advice. If you need the legal advice please contact a local Nevada attorney at law)
Below are some of the general requirements dictated by Nevada statutes in regards to divorce and/or annulment.
Grounds for Divorce: (N.R.S 125.010)
- Incompatibility. (most of our clients pick this as their ground for divorce)
- Insanity for 2 years previous to the action.
- Husband & wife have lived separate & apart from each other for more than one year.
Residency Requirement: (N.R.S. 125.020)
- In order to file for a divorce in Nevada… you or your spouse must have lived in the state of Nevada for at least 6 weeks.
- Nevada does NOT have any waiting period!
Many states have a waiting period (the time a couple must wait AFTER filing for divorce at the courthouse, until they can have a judge sign their divorce decree that will terminate their marriage)
Many customers are able to get their divorce finalized within two weeks of filing for divorce at the courthouse!
Types of Divorce:
- Joint Petition for Divorce (uncontested): Both you and your spouse agree to the divorce and will both sign the Nevada divorce paperwork we prepare.
- Complaint for Divorce (contested): Your spouse does not agree to the divorce and you need to have them served and wait for them to respond back to the court.
If they do NOT respond back within 20 days you can ask the court clerk to issue a default. When that is approved, you can submit to have your divorce finalized.
If your spouse responds back with an answer, the court will schedule a case management conference within 90 days. If your spouse responds back with an answer & counterclaim against your complaint, you will need to respond back within 20 days.
- Service by Publication (missing spouse): You have not seen your spouse for a long time and have tried every diligent & reasonable way to find out where they reside at, to no avail.
You will need to publish in the court approved local newspaper that you are seeking a divorce from your spouse. This will need to run once a week for a total of FOUR weeks.
Once this time period has ended, your spouse will then have 20 days to respond to the court. If they do not respond, you can seek to finalize your Nevada divorce.
Court Filing Fees:
- Court filing fees are what you pay the court in order to file your divorce paperwork with the county. The fees vary from county to county. Below are a few of the filing fees from the more popular counties (as of January 11, 2013):
- Carson City – $284
- Clark County (Las Vegas) – $289
- Nye County – $264
- Washoe County (Reno) – $279
- For primary physical custody — where ONE parent has custody of the minor child(ren) over 60% of the year (219+ days)
- 1 child – 0.18% of gross monthly income of the other parent.
- 2 children – 0.25% of gross monthly income of the other parent.
- 3 children – 0.29% of gross monthly income of the other parent.
- Each additional child – 0.02% of gross monthly income of the other parent.
- For joint physical custody — where EACH parent has custody of the minor child(ren) for at least 40% of the year (146 days at minimum)
- 1 child – 0.18% of gross monthly income of the each parent.
- 2 children – 0.25% of gross monthly income of the each parent.
- 3 children – 0.29% of gross monthly income of the each parent.
- Each additional child – 0.02% of gross monthly income of the each parent.
- You will then subtract the amount each parent is obligated to pay for child support and the parent who makes the most money shall pay the difference in this amount to the other parent.
- If you have minor children and live in Clark County, you will need to take the COPE parenting class, before a judge will grant your divorce. Below are some places that you can look at to take this course.
As of January 11, 2012, it costs $40 to take the classes in-person… although we have listed an online class that charges $25 below: