How Do I File for Divorce in Nevada

Learn about the necessary forms and processes to file for a divorce in Nevada.

Divorce in Nevada is a relatively straightforward process. To ensure your case runs smoothly, however, it is important to comply with state rules and requirements. This article provides an overview of obtaining a divorce in Nevada and identifies the documents you'll need to get your case started.

Residency Requirements and Reasons for Divorce

Nevada is exclusively a no-fault divorce state, which means that you don't address the reasons behind the divorce in your complaint. Instead of assigning blame to either side, you can choose from one of two no-fault grounds: incompatibility or living apart for at least one year. Before you can file, either you or your spouse must have lived in the state for at least six weeks. The filing party can choose to file in one of three counties: the county in which he or she currently resides, the county where the other person resides, or the county where the parties last lived as a married couple.

Preparing Your Forms

There are three routes to divorce in Nevada. If you and your spouse agree on all the issues surrounding your divorce, you can file a Joint Petition. Sometimes, however, you just can't agree right off the bat. In that case, you must file a regular Complaint for Divorce.

If you file a joint petition, you will also need the following documents:

  • Decree of Divorce (original and 3 copies)
  • Affidavit of Resident Witness
  • Certificate of Service or Waiver, and
  • Child Welfare and Identification Sheet (if there are minor children).

If you and your spouse cannot agree and you end up filing a complaint, you must also file the following in addition to the documents above:

  • Summons

Depending on the issues and details involved in your particular case, your county might require additional documents. Common documents include a Family Court Cover Sheet and Joint Preliminary Injunction. Many states now require the filing party to include some sort of court-generated cover sheet in domestic relations cases. The injunction form is useful if you worry that your spouse will transfer or sell jointly owned assets while the divorce is pending.

Nevada also offers a third type of divorce known as a "summary divorce" or "summary default divorce by affidavit." This method is by far the fastest, most inexpensive form of divorce. To qualify, both parties must be in complete agreement regarding all issues surrounding the divorce. Both sides must also waive their right to spousal support or agree to an amount in writing. You must also forego the right to appeal, the right to a new trial, and the right to receive notice of the final decree of divorce.

To file a summary divorce, you must file a special kind of affidavit with the court and attach a copy of your settlement agreement. The affidavit must state:

  • That you satisfy the residency requirements
  • That the information contained in the affidavit is true
  • That the facts stated in the affidavit are admissible in court
  • That the affidavit contains factual support for each allegation, and
  • That you are competent to sign the affidavit.

If the court accepts the affidavit and approves the settlement agreement, it will grant the divorce without holding a hearing.

Filing Your Forms

Once you have determined which type of divorce to file, assemble all the appropriate forms and take them to the clerk of court's office in the county where you wish to file. Each county requires a different number of copies, but keep at least one copy for your personal records.

Serving Your Forms

Nevada law requires the filing party to "serve" the documents on the non-filing spouse. "Service of process" can be accomplished through a third-party process server, sheriff's service, or mail. You can also publish notice in a local newspaper as a last resort, however, you must be able to show the court that you are unable to locate your spouse.

Upon receipt of the documents, the defending spouse has 20 days under Nevada law to file one of the following responses:

  • Answer to Complaint for Divorce
  • Answer to the Complaint for Divorce and Counterclaim (with children)
  • Answer to Complaint for Divorce and Counterclaim (with no children)

If you and your spouse reach an agreement before the case moves forward, you can file a settlement agreement and present it to the court. In most cases, divorcing couples find they prefer deciding how to split up their property instead of having a judge decide on their behalf. Settlement typically saves you money and allows you more control over your case.

Financial Disclosures

Under Nevada law, anyone filing an action for divorce, annulment, custody, or separate maintenance must file a Financial Disclosure Form, which lists your assets and debts. The form must be filed within 45 after service of the original Complaint and served on the other party.

More Information & Resources

See our topic area on Nevada Divorce & Family Laws for more information on the divorce process and related legal issues.

Clark County Family Court Forms

Legal Aid Center of Southern Nevada

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