Nevada Divorce Laws

When you make the decision to file for divorce in the state of Nevada, the first step in the process should be learning more about the state’s divorce laws. By doing so, you will know what to expect with the upcoming process.

Who Can File for Divorce and On What Grounds

In order to file for divorce, you must first meet Nevada’s residency requirements. These are rather lenient, however. In order to file for divorce in Nevada, you must have been a resident of the state and county where you will be filing for six weeks prior to the action.

Nevada is a no-fault divorces state. Couples can file for a no-fault divorce on grounds of incompatibility or after living apart for a period of one year without cohabitation. Fault cases of divorce are based on insanity, which must exist for two years prior to filing for divorce. While other “faults” may exist, such as adultery or criminal convictions, they are easily added to the “incompatibility” reason under the no-fault divorce clause.

Those who are in the military can file for divorce in Nebraska if they are stationed there and meet the residency requirements. That said, they must also follow the laws regarding military divorces. These can be complicated, so many will use an attorney to ensure they follow them appropriately.

Division of Property

Nevada is a Community Property state. This means that all property acquired during the marriage is considered “community” property, and will be divided equally by the courts if the parties cannot agree to the division on their own.

In some instances, a piece of property will be acquired or improved by the specific contribution of one of the members of the marriage. In these instances, the courts may reimburse the party for his or her contribution if the property is awarded to the other individual. Factors considered when determining if a reimbursement is required may include:

  • Length of the marriage
  • Intention of the parties to place the property in joint tenancy
  • Any other factors the courts deem necessary to make a just decision

Child Custody

Whenever possible, the Nevada family courts will protect the child’s best interests in a child support case, and often this means joint custody. However, preference will not be given for primary physical custody based solely on the gender of a parent. Factors that can be considered include:

  • The child’s wishes, provided the child is old enough to make these wishes
  • Nomination by a parent or guardian for the child
  • Whether or not the parent or any other adult seeking custody has been accused of domestic violence against the child or the other parent


In some instances, Nevada courts will deem that one spouse should pay support to the other in a divorce case. Factors considered when making this decision may include:

  • Merits of the spouses
  • Post-divorce financial condition of the spouses
  • Property being used for support
  • Need for alimony so a spouse can obtain training for a job or career
  • Whether the payer has obtained greater job skills or education during the marriage
  • Whether the spouse receiving support provided financial support when the other spouse obtained training for a career

Nevada uses the Percentage of Income Formula when determining child support amounts. This formula calculates the support based on an established percent of the non-custodial parent’s income. Sometimes they will deviate from this amount, and will consider the following factors when making this determination:

  • Child care expenses
  • Cost of health insurance
  • Educational needs of the child
  • Child’s age
  • The parent’s responsibility to support others
  • Any value of services the parent provides
  • Public assistance the child receives
  • Pregnancy expenses
  • Cost of transportation for visitation times
  • Length of time the child spends with each parent
  • Any expenses necessary for the child’s benefit.
  • Incomes of both parents