Nevada Marital Settlement Agreement
A Nevada marital settlement agreement lets divorcing spouses divide their community property, set alimony, and address custody and child support, then have those terms approved and incorporated into the decree of divorce. Attorney review available.
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Introduction
Nevada is a community property state where the court must, to the extent practicable, make an equal disposition of community property and may order an unequal split only for a compelling reason set out in writing (NRS 125.150), which is why divorcing spouses use a marital settlement agreement, the written contract that settles their property, debts, alimony, and (by reference) custody and child support, so the terms can be approved and incorporated into the decree that ends the marriage. Nevada is a community property state: property acquired during the marriage is community property (NRS 123.220), and on divorce the court must, to the extent practicable, make an equal disposition of that community property, ordering an unequal split only if it finds a compelling reason and sets the reasons out in writing (NRS 125.150). A written agreement between spouses is how you set the division yourselves rather than leaving it to the court. Nevada has no statewide formula for alimony; the court may award alimony to either spouse as appears just and equitable (NRS 125.150), weighing the factors the statute lists, such as each spouse's income, the length of the marriage, and the standard of living during the marriage. Custody and child support follow the statewide guidelines in Nevada Administrative Code Chapter 425, stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Nevada imposes no post-filing waiting period, though at least one spouse must have lived in Nevada for six weeks before filing (NRS 125.020). DocDraft builds your Nevada marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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Nevada imposes no post-filing waiting period, though at least one spouse must have lived in the state for six weeks before filing (NRS 125.020), and a marital settlement agreement is the written contract divorcing spouses use to settle property and debt division, alimony, and by reference custody and child support, so those terms can be approved and incorporated into the decree that ends the marriage.
- 2
Nevada is a community property state: property acquired during the marriage is community property (NRS 123.220), and on divorce the court must, to the extent practicable, make an equal disposition of the community property (NRS 125.150).
- 3
The court may order an unequal division only if it finds a compelling reason and sets the reasons out in writing (NRS 125.150). A written agreement between spouses is how you set the division yourselves instead of leaving it to the court.
- 4
Nevada has no statewide formula for alimony. The court may award alimony to either spouse as appears just and equitable (NRS 125.150), weighing statutory factors such as each spouse's income, the length of the marriage, and the standard of living during the marriage.
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Child support follows Nevada's statewide guidelines in Nevada Administrative Code Chapter 425. Parents may propose an amount, but custody and child support stay subject to court approval and remain modifiable in the best interests of the children and cannot be bargained away.
- 6
A Nevada marital settlement agreement is presented to the court and, once approved, is incorporated into the decree of divorce, which turns the agreed terms into enforceable court orders.
- 7
Nevada imposes no post-filing waiting period, so an uncontested divorce can move quickly, but at least one spouse must have resided in Nevada for six weeks before filing (NRS 125.020).
Key decisions before you file
Before you file a Marital Settlement Agreement in Nevada, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Nevada Requirements for Marital Settlement Agreement
Community Property, Equal Division
Nevada is a community property state. Property acquired during the marriage is community property (NRS 123.220), and on divorce the court must, to the extent practicable, make an equal disposition of the community property (NRS 125.150).
Unequal Split Needs a Written Reason
The court may order an unequal division only if it finds a compelling reason and sets the reasons out in writing (NRS 125.150). Spouses can set the division themselves by written agreement, so a Nevada marital settlement agreement lets you agree to a division that fits your situation, subject to court review.
No Statewide Alimony Formula
Nevada has no statewide formula for alimony. The court may award alimony to either spouse as appears just and equitable (NRS 125.150), weighing statutory factors such as each spouse income and earning capacity, the length of the marriage, and the standard of living during the marriage.
Child Support Follows the Guideline
Child support follows Nevada statewide guidelines in Nevada Administrative Code Chapter 425, which set the obligation based on income and the number of children. Parents may propose an amount, but it remains subject to court approval and cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Nevada marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A Nevada marital settlement agreement must be in writing and signed by both spouses; a written agreement is how spouses alter the community property default under NRS 123.220. No statute requires notarization, but signing before a notary can help prove the signatures are genuine.
Residency and No Waiting Period
Nevada imposes no statutory post-filing waiting period, so an uncontested divorce can move quickly. Before filing, at least one spouse must have resided in Nevada for six weeks (NRS 125.020), which is a residency requirement rather than a wait after filing.
Approval and Incorporation Into the Decree
Once both spouses sign and the court approves the agreement, it is incorporated into the decree of divorce, which turns the agreed terms into enforceable court orders. The court must still review and enter the decree, and it keeps authority over custody and child support.