Getting Divorced in Nevada: A Guide for Non-Lawyers

Verify that you meet Nevada's residency requirements. At least one spouse must have been a resident of Nevada for a minimum of six weeks before filing for divorce. You'll need to provide proof of residency, which can be established through a Nevada driver's license, voter registration, or an affidavit from a Nevada resident who can testify to your presence in the state.

Nevada is a no-fault divorce state. The most common ground is 'incompatibility,' meaning the couple cannot get along. You can also file based on separation for over one year or insanity existing for two years prior to filing. Decide which ground applies to your situation, though incompatibility is typically the simplest option.

Collect documents related to all assets, debts, income, and expenses, including bank statements, tax returns, pay stubs, mortgage documents, credit card statements, retirement account statements, vehicle titles, and property deeds. These will be needed for the Financial Disclosure Declaration and property division negotiations.

This is the document that initiates the divorce process. Include information about both spouses, marriage date, grounds for divorce, children (if any), and a general statement about property and debt division. In Nevada, you must also state that at least one spouse has been a resident for at least six weeks before filing.

The Summons notifies your spouse that a divorce action has been filed and that they have 21 days to respond if served in Nevada, or 35 days if served outside of Nevada. The Summons must be prepared according to Nevada's specific format requirements.

File the Petition for Dissolution of Marriage and Summons with the appropriate Nevada District Court in the county where either you or your spouse resides. You'll need to pay a filing fee (approximately $300, though it varies by county). If you cannot afford the fee, you can apply for a fee waiver by filing an Application to Proceed in Forma Pauperis.

Your spouse must be legally served with the divorce papers. In Nevada, this can be done through: 1) Personal service by a sheriff or process server, 2) Acceptance of service (if your spouse agrees to accept the papers voluntarily), or 3) Publication (if your spouse cannot be located). Service must be properly documented with the court through a proof of service form.

If you're the respondent (non-filing spouse), you must file a Response within 21 days of being served (if in Nevada) or 35 days (if outside Nevada). If you're the petitioner, review your spouse's Response when received. The Response indicates whether the respondent agrees with the requests in the Petition or wishes to contest certain aspects.

Both spouses must complete and exchange a Financial Disclosure Form within 30 days after the Response is filed. This document requires detailed information about income, expenses, assets, and debts. In Nevada, this disclosure is mandatory even in uncontested divorces. Be thorough and honest, as penalties for hiding assets can be severe.

Nevada is a community property state, meaning assets and debts acquired during marriage are typically divided equally (50/50). Work with your spouse to determine how to divide property, keeping in mind that separate property (owned before marriage or received as gifts/inheritance) typically remains with the original owner. If you cannot agree, the court will make these decisions for you.

If you and your spouse can agree on property division, debt allocation, spousal support, and other issues, document these agreements in a Marital Settlement Agreement. This comprehensive document should address all financial aspects of your divorce and will be submitted to the court for approval.

If you have minor children, create a detailed Parenting Plan that addresses legal custody (decision-making authority), physical custody (where children will live), and visitation schedules. Nevada courts prioritize the best interests of the child when approving parenting plans. Include provisions for holidays, vacations, transportation, and communication between parents and children.

Nevada uses specific guidelines to calculate child support based on the gross monthly income of both parents and the custody arrangement. Complete the Child Support Worksheet using the Nevada child support formula. As of 2020, Nevada uses a percentage-of-income formula that considers both parents' incomes and the number of children.

If retirement accounts or pensions need to be divided, a QDRO is required. This specialized court order instructs retirement plan administrators how to divide these assets. Consider hiring a specialized attorney or QDRO preparation service, as these documents are complex and mistakes can be costly.

In many Nevada counties, mediation is required if spouses cannot agree on child custody issues. Even if not required, mediation can be a cost-effective way to resolve disagreements. Mediators are neutral third parties who help facilitate agreements but don't make decisions for you.

If your divorce is uncontested (you agree on all issues), Nevada may allow you to finalize without a hearing. For contested issues, prepare for court by organizing documents, reviewing testimony, and dressing professionally. Be respectful, concise, and honest when addressing the court.

The Final Decree of Divorce is the document that legally ends your marriage and contains all court orders regarding property division, custody, support, and other issues. Review it carefully before it's finalized. Once signed by the judge, obtain certified copies from the court clerk for your records and for implementing various aspects of the decree.

If child support or spousal support is ordered, Nevada typically requires a Wage Withholding Order. This document directs the paying spouse's employer to withhold support payments from their paycheck and send them directly to the receiving spouse or the state's collection agency. This ensures consistent payment and proper record-keeping.

After divorce is finalized, update your name (if changed), address, beneficiary designations on insurance policies and retirement accounts, wills/estate plans, emergency contacts, and other personal records. Notify relevant institutions of your divorce and any name changes, including Social Security Administration, DMV, banks, creditors, and insurance companies.

Understand how divorce affects your tax filing status. Your status is determined by your marital status on December 31. If divorced by year-end, you must file as single or head of household (if qualified). Determine who will claim children as dependents based on your divorce decree or IRS rules. Consider consulting a tax professional for your first post-divorce tax return.