Is there a waiting period to get a divorce in Nevada?
No. There is no waiting period.
Who can get divorced in Nevada?
One of the spouses must have been a Nevada resident for 6 weeks before filing for divorce. It does not matter where you married, as long as at least one spouse is a true Nevada resident.
I heard people can come to Nevada for a "quickie divorce." How do I do this?
This is a false rumor! To get divorced in Nevada, one spouse must be a bona fide Nevada resident with the intent to continue living in Nevada indefinitely. The court requires proof of Nevada residency prior to granting a divorce. Married people who live in other states cannot get divorced in Nevada.
My spouse cheated on me / spent all our money / went to jail / has a drug problem. It should be easy to win my case since my spouse did so many terrible things, right?
Nevada is a "no-fault" divorce state. This means that no one has to prove that either spouse did anything wrong to cause the divorce. All that has to be proved to the judge is that you are now incompatible (meaning you just don't get along) and that there is no chance for reconciliation. The reasons that led up to the divorce are usually not important to the judge, though they may be factors in deciding child custody if the issues affect the child.
I want a divorce but my spouse says he will never sign the paperwork. What do I do?
Nevada does not require both spouses to agree to the divorce. Although a divorce can be done quicker and easier when the spouses agree, one spouse can file for divorce on their own. This allows one spouse to file and possible get a final divorce without the other's signature. See How to File for Divorce On Your Own for more information about how to do this.
Can the judge just give me custody and child support orders? I am married but I don't want a divorce.
When people are married, judges do not get involved in child custody issues unless it is part of a divorce, annulment, or separation case. A divorce and an annulment will end the marriage, while a separation does not.
The house, the car, the bank accounts, etc., are all in one spouse's name. Does that mean that spouse gets to keep everything in the divorce?
Nevada is a "community property" state. This means that just about all property (and debt!) acquired during the marriage by either spouse belongs equally to both spouses, no matter whose name the property is titled under. During a divorce, the property and debts are equally divided. Spouses may be ordered to transfer titles or refinance property so that it is listed solely under that person's name after the divorce.
There are exceptions to this general rule. Legal advice is strongly recommended if you are unsure whether property is considered community property or not.
How are the retirement accounts and pensions handled in a divorce?
Typically, any retirement funds that are built up during the marriage are divided evenly between the spouses. But, retirement funds that existed before the marriage and retirement funds contributed after the divorce belong only to the spouse who owns the retirement plan.
The rules and calculations for retirement funds are tricky, and any division of retirement accounts typically requires additional court orders that are not included on this website. You are encouraged to seek legal advice before the divorce if you have questions or concerns about your rights to any retirement funds.
How long do I have to be married to get alimony (spousal support)? How much can I get?
There is no magic number of "years married" to get an alimony award. The judge considers many factors, including how long the marriage lasted, the lifestyle of the parties during the marriage, and each spouse's age, health, career, and earning capacity.
Similarly, there is no specific alimony calculation to determine how much one will receive. Alimony is decided on a case-by-case basis.
Can I change my name?
Yes, either spouse can ask to return to their former name as part of the divorce. The divorce decree will include the official order changing the name. Most businesses and agencies want to see a "certified copy" of the divorce decree in order to change the name on any accounts or identification. You can get a certified copy of the decree from the Clerk of Court.
My ex will not follow the terms of our Decree of Divorce. What do I do?
There are different options depending on the kind of order not being followed. There may be an agency to help you enforce the decree of divorce, or you may need to come back to court so the judge can find out what's happening. To learn about your options, please visit the How to Enforce the Order page.
