Nevada Divorce: What You Need to Know

Ending a marriage in Nevada is called a dissolution of marriage. Although laws vary by state, in Nevada, these cases are handled by the District Court Family Division in the county where either spouse lives.

This guide explains the process of divorce in Nevada. Some of the covered topics include residency requirements, waiting periods, types of divorce, the court process, county-level filing details, and how to search for divorce records. The focus here is on the legal and procedural aspects, not on relationship advice.

How Does Divorce Work in Nevada?

To commence a divorce in Nevada, one spouse must have resided there for six weeks, often proven through a witness affidavit. Nevada allows for no-fault divorce with incompatibility usually being the most common basis to initiate a case. Other grounds for divorce include living separate and apart for at least one year or the insanity of a spouse for at least the two years prior to filing.

In Nevada, you are not required to prove that either party is at fault for the divorce. Even if fault can be shown in the form of an affair or cruel treatment or abandonment, that does not need to be proven. However, those behaviors can still impact custody or even property claims.

In addition, Nevada is one of the quickest states for divorce since there is no mandatory waiting period. An uncontested divorce can take a few weeks on the low end to complete as long as both parties have provided all paperwork required and both are ready to proceed at the court's discretion. A contested divorce can take several months or longer depending on the case and trial schedule.

Types of Divorce in Nevada

Nevada law provides several divorce options:

• Uncontested divorce (Joint Petition): This is when both spouses agree on all the terms. This makes the entire process simple and fast.
• Contested divorce: This type of divorce is filed by one spouse when disputes exist over issues like property, custody, or support.
• No-fault divorce: This is the standard basis for most divorces in Nevada. It may also be based on the fact that spouses have lived apart for one year.
• Collaborative divorce: This is the legal process where spouses and their attorneys mutually agree to resolve all matters without going to court.
• Legal separation: With a court order, Nevada allows separate maintenance for matters such as custody, support, and property orders without dissolving the marriage.

Nevada Divorce Court Process and Forms

Divorce cases in Nevada fall under the jurisdiction of the Family Division of the District Court in the county where either spouse lives. The process begins when the plaintiff files a complaint for divorce or a joint petition is filed by both spouses. The petition may be accompanied by various other essential documents, which include:

• Summons (for contested cases)
• Financial Disclosure Form
• Parenting Plan (if children are involved)
• Marital Settlement Agreement (for uncontested cases)

In a contested case, the complaint and summons must be served on the defendant. This service can be done by a sheriff, a process server, or through certified mail with a confirmed signature. Afterward, the defendant then has 20 days to file a response with the court.

Moreover, it is mandatory for both parties to submit financial disclosures to show their income, debts, and assets. If the divorce involves children, both parents must also complete a COPE (Children of Parents Experiencing Divorce) class before a judge will issue custody orders.

To settle a custody disagreement, judges often require mediation. If an agreement cannot be reached, the case will then proceed to a hearing and possibly a trial.

The divorce is finalized when the judge signs a Decree of Divorce, which ends the marriage and sets the terms for custody, child support, property division, and alimony.

City- and County-Level Filing Details

In Nevada, divorce cases are handled at the county level. Below are the details for some of the state’s largest counties:

• Clark County (Las Vegas):
  • Courthouse: Eighth Judicial District Court, Family Division, 601 N. Pecos Road, Las Vegas, NV 89101.
  • Services: The court provides direct access to the Family Mediation Center for assistance with child custody matters.
• Washoe County (Reno):
  • Courthouse: Second Judicial District Court, Family Division, 1 S. Sierra Street, Reno, NV 89501.
  • Services: Families and individuals going through a divorce can find helpful forms and packets on the court’s website.
• Carson City (Capital):
  • Courthouse: First Judicial District Court, 885 E. Musser Street, Suite 3031, Carson City, NV 89701.
  • Services: The Clerk’s Office is available to help individuals with filing procedures and answer general court-related queries.
• Elko County (Elko):
  • Courthouse: Fourth Judicial District Court, 571 Idaho Street, Elko, NV 89801.
  • Services: While the Clerk’s Office does not provide legal advice, they can help self-represented litigants with filing procedures.
• Douglas County (Minden):
  • Courthouse: Ninth Judicial District Court, 1038 Buckeye Road, Minden, NV 89423.
  • Services: In cases involving children, the court has the authority to mandate that parents attend parenting classes.

How to Search for Divorce Records in Nevada

In Nevada, while divorce records are generally public, private information like Social Security numbers, bank account details, and data about minor children is kept confidential. The District Court Clerk in the county where the divorce was finalized maintains these records, and they can be accessed in the following ways:

At the courthouse: For a fee, you can request certified copies of divorce decrees from the Clerk’s Office.

• Online: Certain counties such as Clark and Washoe, provide online searches and document requests. Nonetheless, Nevada does not have a single statewide portal for searching divorce records.
• Vital Records: The Nevada Office of Vital Records provides divorce verification, which includes information about divorces granted since 1968. This office does not issue divorce decrees.
• Third-party services: While some private record search sites may offer access to case details, only the court can issue certified documents.

A divorce record contains the names of the spouses, the date and place of the divorce, the case number, and the court’s decisions about spousal support, property, and custody. The decree of divorce is the official proof that the marriage is legally ended.

Key Points

• In Nevada, the Family Division of the District Court in the county where either spouse lives is responsible for handling divorce matters.
• The state has a residency requirement of six weeks for individuals filing for a divorce. This makes it one of the states with the shortest waiting period in the United States.
• Nevada is a no-fault divorce state which means that the most common reason to grant a divorce is that the couples are incompatible.
• It takes a short period of time to finalize uncontested divorces in Nevada.
• Parents are required to take parenting classes if their divorce case involves children.
• Upon request, individuals can obtain divorce records from the District Court Clerk’s Office. The Nevada Office of Vital Records, on the other hand, offers divorce verification.