Divorce in Nevada: Grounds, Residency, Procedure and Decree

Part of my Nevada Family Law Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes Title 11, chapters 121 through 130 (current through the 2025 legislative session and 2026 special session revisions)

In This TopicNevada Family LawTopic 5 of 15: Divorce

A Nevada divorce is governed by chapter 125 of NRS, titled “Dissolution of Marriage.” When a Nevada court with proper authority grants a decree of divorce, the decree fully and completely dissolves the marriage contract as to both spouses (NRS 125.130(2)).

This page covers the grounds for divorce, the residency and filing rules, orders the court can make while the case is pending, the joint petition (summary) procedure, and the final decree. Related issues such as property, alimony and children have their own pages, linked below.

Grounds for Divorce

Nevada law lists three causes for divorce (NRS 125.010):

1. Incompatibility (NRS 125.010(3)).
2. Living separate and apart for 1 year without cohabitation. In that case the court may, in its discretion, grant an absolute decree of divorce at the request of either spouse (NRS 125.010(2)).
3. Insanity that existed for 2 years before the case was started. The court must require corroborative evidence of the defendant’s insanity at that time. A divorce on this ground does not relieve the successful spouse from contributing to the defendant’s support and maintenance, and the court may require the plaintiff to give a bond for that support in an amount the court sets (NRS 125.010(1)).

When it appears to the court that grounds for divorce exist, the court in its discretion may grant the divorce to either party (NRS 125.120). The judge decides all questions of law and fact in a divorce proceeding under chapter 125 (NRS 125.070).

Residency and Where to File

A divorce case is started by a verified complaint filed in the district court (NRS 125.020(1)). The spouse who files is the plaintiff, and the other spouse is the defendant. The complaint may be filed in the district court of any county (NRS 125.020(1)):

• In which the cause for divorce accrued;
• In which the defendant resides or may be found;
• In which the plaintiff resides;
• In which the spouses last cohabited; or
• If the plaintiff resided 6 weeks in Nevada before the suit was brought.

There is also a residency requirement for the court’s jurisdiction. Unless the cause of action accrued in the county while both spouses were actually domiciled there, no court has jurisdiction to grant a divorce unless either spouse has been a resident of Nevada for at least 6 weeks before the case is started (NRS 125.020(2)).

Chapter 125 refers to an “affidavit to corroborate residency.” Any affidavit supporting an application for a default divorce, including an affidavit to corroborate residency, must be based on the affiant’s personal knowledge, contain only facts that would be admissible in evidence, give factual support to each allegation, and show that the affiant is competent to testify to its contents (NRS 125.123).

The Complaint and Court Procedure

The complaint, or a counterclaim or cross-claim by the defendant, may state the cause for divorce in the words of the statute (NRS 125.030(1)). If it does, either party, after the defendant appears and upon 5 days’ written demand, is entitled to a bill of particulars: a statement of the detailed facts, dates, times and occasions the other side relies on (NRS 125.030(1)).

Except for the summary proceedings described below, divorce proceedings must follow the Nevada Rules of Civil Procedure as nearly as conveniently possible (NRS 125.090). Orders may still take whatever form best serves the purpose of chapter 125 and produces substantial justice (NRS 125.090).

Referees in Some Judicial Districts

In judicial districts that do not include a county with a population of 700,000 or more, the district judge may appoint a qualified referee in a divorce, annulment or separate maintenance case, or in a case involving child support, custody or visitation (NRS 125.005(1), (6)). Subject to the limits in the order of appointment, the referee hears all disputed factual issues and makes written findings and recommendations to the judge (NRS 125.005(2)). Either party may file and serve written objections within 10 days after receiving the referee’s report (NRS 125.005(4)).

Orders While the Divorce Is Pending

On application by either party and notice to the other, the court may, in its discretion, require either spouse to pay money needed to help the other spouse (NRS 125.040(1)):

• Provide temporary maintenance for the other spouse;
• Provide temporary support for the couple’s children; or
• Carry on or defend the divorce case.

The court may make any order affecting the spouses’ property that it deems necessary or desirable for these purposes, but only after considering each spouse’s financial situation (NRS 125.040(2)).

If, after the complaint is filed, it appears probable that either spouse is about to do something that would defeat or weaken an eventual order about property or money, the court shall make a restraining order or other order needed to prevent it and preserve the status quo (NRS 125.050). The court may also award a reasonable attorney’s fee to either party, subject to the offer rules in NRS 125.141 (NRS 125.150(4)).

Children, Property and Alimony

No court may grant a divorce if there are minor children residing in Nevada who are the issue of the relationship without first providing for their medical and other care, support, education and maintenance as required by chapter 125B of NRS (NRS 125.007(1)). Every child support order issued or modified after January 1, 1990, must include an order for withholding or assignment of income, unless a party shows and the court finds good cause to postpone it or all parties agree otherwise in writing (NRS 125.007(2)). See Child Custody, Visitation and Relocation and Child Support. When another state may be involved, see Nevada’s UCCJEA overview.

In granting a divorce, the court shall, to the extent practicable, make an equal disposition of the community property, and may award alimony to either spouse as appears just and equitable (NRS 125.150(1)). The court may make an unequal disposition only if it finds a compelling reason and sets out its reasons in writing (NRS 125.150(1)(b)). These powers apply unless the action is contrary to an enforceable premarital agreement (NRS 125.150). The court must also explain, or make sure someone has explained, any decree provision disposing of pension or retirement benefits (NRS 125.150(1)(c)). Details are on Property and Debt Division and Alimony.

Written Offers to Settle Property Rights

At any time more than 10 days before trial, a party may serve a written offer to allow a decree on the spouses’ property rights on stated terms (NRS 125.141(1)). If the offer is not accepted before trial or within 10 days after it is made, whichever comes first, it is deemed rejected and cannot be used as evidence at trial (NRS 125.141(3)).

If the party who rejected the offer does not get a more favorable judgment on those property rights, the court may order that party to pay the other side’s related taxable costs and reasonable attorney’s fees incurred after the offer, and may bar that party from recovering related costs and fees, other than preliminary attorney’s fees awarded while the case was pending (NRS 125.141(4)). In deciding, the court must consider the factors listed in NRS 125.141(5). These offers cannot include child custody, child support or spousal support; an offer that does is void in its entirety (NRS 125.141(6)).

Summary Proceeding: The Joint Petition

Nevada offers a summary procedure for divorce when spouses agree. It is available only if all of these conditions exist when the proceeding begins (NRS 125.181):

• Either spouse meets the residency and jurisdiction requirements of NRS 125.020 (NRS 125.181(1)).
• The spouses have lived separate and apart for 1 year without cohabitation, or they are incompatible (NRS 125.181(2)).
• There are no minor children of the relationship born before or during the marriage or adopted during the marriage, and the wife, to her knowledge, is not pregnant; or the spouses have signed an agreement on custody and the amount and manner of support (NRS 125.181(3)).
• There is no community or joint property, or the spouses have signed an agreement setting forth the division of community property and the assumption of community liabilities, if any, plus any deeds, titles, bills of sale or other transfer documents needed to carry it out (NRS 125.181(4)).
• The spouses waive spousal support or have signed an agreement on its amount and manner (NRS 125.181(5)).
• The spouses waive written notice of entry of the decree, appeal, requests for findings of fact and conclusions of law, and a motion for new trial (NRS 125.181(6)).
• The spouses want the court to enter a decree of divorce (NRS 125.181(7)).

The case begins with a joint petition filed in any district court and signed under oath by both spouses (NRS 125.182(1)). It must state that every condition has been met, the facts supporting jurisdiction, the grounds for divorce, the date and place of the marriage, both spouses’ mailing addresses, whether there are minor children or a known pregnancy, and whether either spouse wants a former name restored (NRS 125.182(1), (2)). An affidavit of corroboration of residency must accompany the petition, and any marital settlement agreement the spouses want approved or made part of the decree must be attached (NRS 125.182(3)).

Either spouse may revoke the joint petition at any time before final judgment by filing a notice of revocation with the clerk and mailing a copy to the other spouse by first-class mail at his or her last known address (NRS 125.183). The final judgment decides the status of the marriage and the spouses’ property rights, but it does not bar an action to set it aside for fraud, duress, accident, mistake or other grounds recognized at law or in equity (NRS 125.184).

Default Divorce

An application for a decree of divorce by default may be made by affidavit unless the court requires oral testimony of the witnesses (NRS 125.123). If there is a marital settlement agreement, it must be identified in the affidavit and attached as an exhibit (NRS 125.123).

The Decree and After

• A divorce judgment or decree under chapter 125 is a final decree (NRS 125.130(1)).
• The court must make sure both spouses’ social security numbers are placed in the records of the case and, except as a specific statute requires, kept confidential (NRS 125.130(3)).
• The court may, for just and reasonable cause, change either spouse’s name to any former name he or she has legally borne (NRS 125.130(4)).
• A valid Nevada divorce that binds both spouses may not be contested or attacked by third persons who were not parties (NRS 125.185).
• If a spouse defaults on money ordered to be paid, the court may enter judgment for the arrears plus costs and a reasonable attorney’s fee, enforceable like other money judgments (NRS 125.180).
• A party may file a postjudgment motion to divide community property or debts left out of the decree because of fraud or mistake, within 3 years after discovering the facts (NRS 125.150(3)).

Key Divorce Time Periods

Time period	What it applies to	Source
6 weeks	Nevada residency of either spouse before filing (unless the cause accrued in the county while both were domiciled there)	NRS 125.020(2)
1 year	Living separate and apart without cohabitation as a ground for divorce	NRS 125.010(2)
2 years	Insanity existing before the case is started, as a ground for divorce	NRS 125.010(1)
5 days	Written demand for a bill of particulars	NRS 125.030(1)
10 days	Objections to a referee’s report, after receiving it	NRS 125.005(4)
More than 10 days before trial	Serving a written offer on property rights; deemed rejected if not accepted before trial or within 10 days	NRS 125.141(1), (3)
3 years after discovery	Motion to divide community property or debts omitted by fraud or mistake	NRS 125.150(3)

For the other kinds of cases in chapter 125, see Annulment and Separate Maintenance.

How I Can Help

I help Nevada spouses understand the divorce process, from residency and grounds through temporary orders, joint petitions and the final decree. Whether your case is agreed or contested, I can walk you through how chapter 125 applies to your facts and what the court may consider. Request a consultation to discuss your situation.

This page provides general information about Nevada family law, based on the Nevada Revised Statutes as currently revised, and is not legal advice. Court rules, regulations (including the child support guidelines), and case law also affect family law matters. Every family is different; consult an attorney about your situation. Reading this page does not create an attorney-client relationship.