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Nevada Divorce Petition

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Introduction

In Nevada, the pleading that opens your case is called a Complaint for Divorce, or a Joint Petition for Divorce when both spouses agree, and it asks the District Court, Family Division, to legally end your marriage. Before you can file, at least one spouse must have resided in Nevada for six weeks with the intent to make Nevada home, under NRS 125.020, one of the shortest residency thresholds in the country. Nevada is a pure no-fault state under NRS 125.010, so you file on incompatibility, living separate and apart for at least one year, or insanity existing for two years before suit, never on adultery, cruelty, or any traditional fault ground. Because incompatibility requires no separation at all, most couples can file as soon as the six-week residency is met, and with no statutory waiting or cooling-off period, an uncontested joint petition can conclude in days to a few weeks.

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Key Things to Know

  1. 1

    Definition: Nevada does not use a single form called a divorce petition; instead you open the case with a Complaint for Divorce or, when both spouses agree, a Joint Petition for Divorce, the pleading that asks the District Court, Family Division, for a decree ending your marriage.

  2. 2

    Residency: At least one spouse must have lived in Nevada for six weeks before filing, with the intent to make Nevada home, under NRS 125.020. That six-week window is among the shortest residency thresholds in the country.

  3. 3

    Grounds: Nevada is pure no-fault under NRS 125.010. The only grounds are incompatibility, living separate and apart for at least one year without cohabitation, or insanity existing two years before suit. Adultery and cruelty are not grounds.

  4. 4

    Separation and timing: You do not have to live apart before filing unless you rely on the one-year separation ground, and incompatibility requires no separation at all. Nevada imposes no waiting or cooling-off period, so a decree can issue as soon as the court processes the paperwork.

  5. 5

    Forms and terminology: A one-sided case uses a Complaint for Divorce and a Summons, naming a Plaintiff and a Defendant. A mutual case uses a Joint Petition for Divorce with no summons, naming a Petitioner and a Co-Petitioner. Nevada calls the action a divorce, not a dissolution of marriage.

  6. 6

    Court and fee: You file in the District Court, Family Division, of the county where either spouse resides or where the cause of action arose. The first-appearance filing fee runs about $299 in Clark County and varies somewhat by county.

  7. 7

    Property: Nevada is a community property state. Under NRS 125.150 the court generally divides property and debts acquired during the marriage equally, subject to its discretion to adjust that split where the facts warrant.

Key decisions before you file

Before you file a Divorce Petition in Nevada, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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Nevada Requirements for Divorce Petition

  • Residency (State)

    Spouses must meet the residency requirement: At least one spouse must have resided in Nevada for a minimum of 6 weeks before filing, with intent to make Nevada their home (NRS 125.020)..

  • Residency (County)

    Must file in the correct county District Court Family Division.

  • Grounds for Divorce

    Must properly plead grounds: Pure no-fault. Per NRS 125.010, the grounds are: (1) incompatibility; (2) living separate and apart for at least 1 year without cohabitation; and (3) insanity existing for 2 years prior....

  • Waiting Period

    Mandatory waiting period: None. Nevada imposes no statutory waiting or cooling-off period; a divorce may be finalized as soon as the paperwork is....

  • Required Forms

    Must file correct state forms: For a contested/one-sided filing: 'Complaint for Divorce' and 'Summons.' For an uncontested filing by both....

  • Property Division

    Property is divided according to: Community property state. Community property is generally divided equally, subject to the court's discretion (NRS... laws.

  • Filing Fee

    Filing fee is typically Approximately $299 (Clark County first-appearance/filing fee; varies somewhat by county). unless waived.

  • Service of Process

    The Respondent must be properly served with the summons and petition.

Frequently Asked Questions