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NEVADA DIVORCE BASICS AND OVERVIEW
This is a divorce reference guide to understanding divorce in Nevada. Each state has its own requirements, laws, and documentation, so we decided to gather it all in one location to make it easy and quick for you to find the information you need before, during and after your divorce.
Divorce in Nevada Made Easy (See Nevada Divorce Help Center)
- Time Frame: After the papers are filed with the court it normally takes one to two weeks for an uncontested divorce to be granted after the papers are filed with the court. When the other party is personally served, divorce normally takes six weeks.
- Where to File: District Court. "In the district court for __________ County, Nevada." (See Nevada Court Addresses)
- Statute Statutes: Nevada Revised Statures, Chapter 25.
- Name of Action: Complaint for Divorce.
- Name of Parties: Plaintiff, the filing party, and defendant, the other party.
- No-Fault or Fault and No-Fault Only: No-Fault and General Grounds.
- Primary Documents Filed: Complaint for Divorce and Decree of Divorce. (See NV Forms List With Explanations)
- Physical Separation Required: Yes.
- Separation Time to File: No.
- Legal Separation Permitted: Yes. A legal separation is also called a separate maintenance agreement. The couple lives in different residences but remain married, but the majority of the marital ties are severed. A legal separation can be executed quickly if both spouses agree.
- Grounds: No Fault, which means living separate and apart for one year without cohabitation or incompatibility; and general, which means insanity existing for two years prior to the commencement of the filing. (See Nevada Laws for Divorce)
- Residency Requirement: One of the spouses must live in Nevada for at least six weeks immediately before filing for divorce.
- Mediation Required: No legal provisions exist in Nevada for divorce mediation.
- Counseling Required: There are no legal requirements for marriage counseling in Nevada.
- Parenting Classes Required: Divorcing parents with minor children must attend a COPE class before the conclusion of their case. This class educates parents about helping children cope with the stresses of divorce and deals with how children of different ages react to divorce.
- Filing Fee: About $300. (See NV Filing Fee Waiver Form)
- Where to File for Child Support: A resident of Nevada may receive child support enforcement from the Department of Health and Human Services, which located deadbeats who have violated child support orders, helps them set up new child support cases, and helps in paternity cases.
- Child Support Guidelines Model: Nevada utilizes a percentage of income formula that determines the amount of child support as a percentage of the income of the parent obligated to pay the child support.
- Property Division: Community property division, with a dual property regime.
- Appreciation of Separate Property: The appreciation of separate property is marital.
- Attendance at Hearing: Not required.
- Fault Considered in Property Division: No.
- Waiting period after Divorce for Remarriage: None.
- Ways to Serve Spouse: In Nevada personal service means delivery to the defendant personally, or by leaving the divorce papers at his or her dwelling house or usual place of abode with some person of suitable age and discretion residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process. Service by Publication is permitted when the defendant resides out of the state, or conceals himself or herself.
- Learn More About Nevada Divorce.
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