Don't see an Answer to your Question?

If both parties sign the documents, it takes approximately 1-3 weeks for a divorce to be granted – if there are no children or property division involved, it’s about two weeks. If only one party signs, it takes 6-8 weeks when the Defendant can be served in person, and approximately 16-18 weeks when the Defendant must be served by Publication (when he or she cannot be found).

One of the parties to the divorce must have resided in Nevada a minimum of six weeks before filing a divorce. If it’s a Complaint (1 signature), the Plaintiff must be the resident. In the case of a Joint Petition (both sign), only of the parties needs to live in Nevada. The other party can live anywhere else in the world.

The most-often used valid reason used in a divorce in Nevada is incompatibility. Other reasons, also valid, but hardly ever used as reasons because incompatibility simplifies the process, are:

• The parties have lived separate and apart for 1 year without cohabitation
• Insanity existing for 2 years prior to the commencement of the action

You may remarry as early as the day after your Nevada divorce becomes final.

Yes, you may, provided you are a Nevada resident. When the Defendant cannot be found, a skip/trace must be performed to try and find the Defendant. When this search fails to find the whereabouts of the Defendant, an Affidavit of Due Diligence is obtained and the Summons is then published in a newspaper once a week for five (5) weeks (service by Publication), and also sent by first class mail to the Defendant’s last-known address. If the Defendant fails to respond to the mail service or the Publication service, a Default is filed 21 days after the last date of publication, and your divorce is granted by Default.

Yes. There are court filing fees and costs associated with filing your divorce forms. These change periodically. At the time of this writing, the total of the divorce filing fees plus the filing costs are $326 for a Joint Petition and $364 for a Complaint.

Please visit the Nevada Divorce Child Custody Laws page of our website.

To leave the State of Nevada once you have filed a divorce, you must either get the written consent of your spouse or a court order. If you leave the state before a divorce action has been filed, it is assumed that the permission of the other spouse was obtained. That said, if the child(ren)’s habitual residence has been Nevada and you do leave the state with your child(ren) before a divorce action has been filed and your spouse then files a Complaint for Divorce asking for physical custody, a judge might well order the children back to Nevada, especially if it appears that the intent behind the move was malicious towards the other parent rather than moving because of work or to be nearer to family for help with the child(ren). The jurisdiction of children under the Uniform Child Custody Jurisdiction Act is the state where the children have lived for the majority of the 6 months immediately preceding divorce filings.

In many cases, even when parents share physical custody, one parent will pay some child support. In Nevada, child support is calculated according to a specific formula which you’ll find on our Child Support page.

If the pay raise is more than 20%, it should reported to Child Support Division, or if you pay directly, update the monthly amount you pay. Technically,  Family Court wants W-2s and income tax returns exchanged between the parents every year. If you do not update your child support voluntarily, it will be addressed next time the parent who receives it asks the court for an adjustment. Child support is eligible for adjustment every three years.  Most judges will adjust the amount from the time of the filing for the adjustment, but some judges might make it retro-active to when the payer had a significant raise if payer did not disclose it.