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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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Filing for Divorce in Nevada

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. Learn more in our guide to the divorce petition (/legal-document/divorce-petition).

Meeting Nevada's Residency Rule

Before you file, at least one spouse must have lived in Nevada for six weeks, holding the intent to make Nevada home under NRS 125.020. That six-week window ranks among the shortest in the country. Nevada adds no statutory waiting or cooling-off period, so once the clerk processes your paperwork a decree can issue in days to a few weeks.

Choosing Your Grounds

Nevada is a pure no-fault state. Under NRS 125.010 you may seek a divorce on only three grounds: incompatibility, living separate and apart for at least one year without cohabitation, or insanity existing for two years before suit. Nevada recognizes no traditional fault grounds such as adultery or cruelty. Most couples cite incompatibility, which requires no separation at all, so spouses who still share a home can file right away. Choosing incompatibility keeps the process simple, since you need not prove wrongdoing by either spouse.

Picking the Right Forms

The forms depend on whether both spouses agree. When you agree, you file a single Joint Petition for Divorce as Petitioner and Co-Petitioner, and no summons is required. When you file alone, you submit a Complaint for Divorce and a Summons, naming a Plaintiff and a Defendant. The joint route drives Nevada's fast, uncontested divorces, because it skips service, an answer deadline, and any waiting period.

Where You File and What It Costs

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, though the amount varies somewhat by county. Low-income filers can ask the court for a fee waiver. Because no mandated waiting period applies, the court's processing speed, not a statutory delay, sets your timeline.

Dividing Community 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 when the facts warrant. Property a spouse owned before marriage, or received by gift or inheritance, usually stays separate. Settle this equal-division default before you sign a joint petition, because the agreement you file controls how the court splits your community estate.

Moving Your Case Forward

Confirm your six-week residency, choose incompatibility as your ground, and file in the correct District Court. These three steps keep a Nevada divorce on its famously fast track. With no cooling-off period in the way, an organized, uncontested filing can move from submission to signed decree faster than in nearly any other state.

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

A divorce petition is the document you file to open a divorce case and ask the court for a decree ending your marriage. In Nevada it takes one of two forms. When one spouse files alone, it is a Complaint for Divorce filed with a Summons. When both spouses agree, it is a Joint Petition for Divorce with no summons required. Both are filed with the District Court, Family Division, of the county where either spouse resides.

In Nevada there is no practical difference, because Nevada calls the action a divorce rather than a dissolution of marriage. NRS Chapter 125 governs divorce, and the document you file is a Complaint for Divorce or a Joint Petition for Divorce. Some other states use the term dissolution of marriage for the same process, but in Nevada you should use the word divorce on your paperwork.

At least one spouse must have resided in Nevada for a minimum of six weeks before filing, with the intent to make Nevada their home, under NRS 125.020. This six-week threshold is one of the shortest in the country, which is why many people file for divorce shortly after establishing residency here.

Nevada is pure no-fault. Under NRS 125.010, the grounds are incompatibility, living separate and apart for at least one year without cohabitation, and insanity existing for two years before suit. Nevada recognizes no traditional fault grounds, so you cannot file on adultery or cruelty. Most petitioners cite incompatibility because it requires no proof of wrongdoing.

Generally no. Spouses are not required to live separate and apart before filing. The only exception is when you rely specifically on the ground of living separate and apart for at least one year, which requires a prior period of separation. If you file on incompatibility instead, no separation is needed and you can file while still sharing a home.

Nevada imposes no statutory waiting or cooling-off period, so a divorce can be finalized as soon as the court processes the paperwork. An uncontested Joint Petition for Divorce can conclude in days to a few weeks. The timeline depends mostly on the court's processing speed rather than any mandated delay.

The first-appearance filing fee is approximately $299 in Clark County, and the exact amount varies somewhat by county. Low-income filers can ask the court for a fee waiver. Budget for possible additional costs, such as service of process, when you file a Complaint for Divorce rather than a Joint Petition.

Nevada is a community property state. Under NRS 125.150, the court generally divides property and debts acquired during the marriage equally between the spouses, subject to its discretion to adjust that split where the facts warrant. Property a spouse owned before marriage, or received by gift or inheritance, usually remains separate.