Nevada Divorce

Residency Requirements

To file for divorce in Nevada, one of the parties must have been a resident of the state for at least 6 weeks preceding the commencement of the action.


Grounds for Divorce

A divorce in Nevada may be obtained for any of the following causes:

1. Insanity existing for 2 years prior to the commencement of the action.
2. When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.
3. Incompatibility.


Division of Property

In granting a divorce, the court shall make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.


Spousal Support

In granting a divorce, the court may award alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:

a) The financial condition of each spouse;
b) The nature and value of the respective property of each spouse;
c) The contribution of each spouse to any property held by the spouses;
d) The duration of the marriage;
e) The income, earning capacity, age and health of each spouse;
f) The standard of living during the marriage;
g) The career before the marriage of the spouse who would receive the alimony;
h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;
i) The contribution of either spouse as homemaker;
j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and
k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.


Child Custody

In determining custody of a minor child, the sole consideration of the court is the best interest of the child. The courts may grant joint custody and no preference is given to either parent for the sole reason that the parent is the mother or the father of the child. In determining the best interest of the child, the court shall consider among other things:

a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her custody.
b) Any nomination by a parent or a guardian for the child.
c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
d) The level of conflict between the parents.
e) The ability of the parents to cooperate to meet the needs of the child.
f) The mental and physical health of the parents.
g) The physical, developmental and emotional needs of the child.
h) The nature of the relationship of the child with each parent.
i) The ability of the child to maintain a relationship with any sibling.
j) Any history of parental abuse or neglect of the child or a sibling of the child.
k) Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.
l) Whether either parent or any other person seeking custody has committed any act of abduction against the child or any other child.


Child Support

Child support in Nevada is determined by use of a formula. Parties can agree to the amount of child support as long as it is consistent with the state guidelines and any deviation from the formula is fair and justified. Income for the purpose of calculating child support includes, but is not limited to: wages, salaries, bonuses, and commissions; any money from which support may be withheld; any other money due as a pension, unemployment compensation, a benefit of disability or retirement, or as a return of contributions and interest; and any compensation of an independent contractor.


Sources (Nevada state statutes)


Nevada Resources


Laws & Courts:

Nevada Law – state statutes, Title 11, Chapters 122 through 130.
Court Rules of Nevada – Includes rules for all courts, from the Nevada State Legislature.
Court Library – supreme Court rules and opinions, as well as links to several other Nevada court sites.

Additional Resources:

State Bar – legal news, public information brochures, and answers to frequently asked legal questions (from the State Bar of Nevada).
Children’s Rights Council – national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents’ marital status.

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Additional Links

The State Resource pages are provided for informational purposes only. Do not take any actions based upon the information contained within the State Resource pages without first consulting an attorney licensed in your state. We at strive to keep our information up-to-date; however state laws are not static and subject to change without notice.