The Nevada Divorce Process: What You Need to Know

Emily Hong
Apr 15
5 min read

Updated: Apr 16

Written by Emily Hong, Lex Tecnica Law Clerk

Note: This constitutes free legal information for educational purposes and not legal advice. For your specific situation, always consult a licensed attorney.

Going through the Nevada divorce process is one of the hardest things a person can face - emotionally, financially, and legally. The good news? You don't need a law degree to understand how it works in Nevada. This guide breaks it all down in plain language, so you know what to expect and what your options are.

First Things First: Two Types of Divorce

In Nevada, there are two ways a divorce can go: uncontested or contested. Think of it like this:

Uncontested Divorce - The Smoother Path

An uncontested divorce means both spouses agree on everything, including things like child custody, how to split property, debts, and alimony. Because both people are on the same page, this process is faster, cheaper, and less stressful. You file together using a joint petition, and the forms can be found through the Family Law Self-Help Center.

If you and your spouse can agree on the big things, an uncontested divorce will save you a lot of time and money.

Contested Divorce - When You Don't Agree

A contested divorce happens when the spouses can't agree on one or more issues - things like who the kids live with, who gets the house, or whether alimony is owed.

Contested divorces take longer, cost more, and usually require going to court.

It starts when one spouse (called the Plaintiff) files a legal document called a Complaint. The other spouse (the Defendant) doesn't have to agree to the filing. It still moves forward.

Nevada divorce process: what you need to know

Step 1: Filing the Complaint

The Complaint is the document that officially kicks off the divorce. In it, the Plaintiff lays out:

• The reason for the divorce

• What they want for child custody and support

• How they'd like to split property and debts

• Whether they're requesting alimony

The Complaint must be notarized, meaning you sign it in front of a Notary Public and swear that everything in it is true.

To file, you'll need these documents and to pay a filing fee:

• Complaint

• Family Court Cover Sheet

• Summons

• Optional: Joint Preliminary Injunction

What Is a Joint Preliminary Injunction?

This is an optional but very useful document. It legally prevents either spouse from doing things like:

• Selling, hiding, or getting rid of shared property

• Harassing or stalking the other spouse

• Taking the kids out of Nevada with the intent to avoid court

Step 2: Serving the Other Spouse

Once you file, the Complaint must be officially "served" (delivered) to your spouse. You have 120 days to do this.

Important: you cannot serve them yourself. It must be done by:

• Someone over 18 who is not a party to the divorce

• A process server (typically ranges from $35-$75)

• A constable or private investigator

What if you can't find your spouse?

There are legal alternatives, including serving by mail, email, social media, or even publishing a notice in a local newspaper like the Nevada Legal News or Las Vegas Review Journal. A judge must approve these alternate methods first.

Step 3: The Other Spouse Responds

After being served, your spouse has 21 days to respond. They have four options:

• Agree to everything in the Complaint

• File an Answer/Counterclaim disagreeing with some or all of it

• Challenge the court's jurisdiction (talk to a lawyer first if considering this)

• Do nothing - in which case the Plaintiff typically gets everything they asked for (this is called a Default Judgment)

What Happens if They Do Nothing? (Default Judgment)

If your spouse doesn't respond, you can request a Default Judgment. This means the court will likely grant you what you asked for in your Complaint. Even after a default is entered, the other spouse can ask the court to set it aside if they can prove they were never properly served.

Children and Divorce: What You Need to Know

If you have kids, the divorce process includes decisions about custody, visitation, and child support. These decisions are always guided by one principle: the best interests of the child.

Custody: Who Does the Child Live With?

There are two types of custody to understand:

• Legal custody - who makes big decisions about the child's life (school, healthcare, religion)

• Physical custody - where the child actually lives

The court looks at many factors when deciding custody, including each parent's relationship with the child, the child's needs, and the ability of each parent to provide a stable home.

Visitation: The Noncustodial Parent's Time

If one parent has primary physical custody, the other parent (the noncustodial parent) is typically granted visitation, which is regular, scheduled time with the child. When creating a visitation schedule, be specific: include regular weekdays, weekends, holidays, and school breaks. Remember: the more detailed, the better, as it prevents future conflict.

Child Support: How It's Calculated

Child support is paid by the noncustodial parent to the custodial parent. It's meant to cover the child's needs and is based on the noncustodial parent's gross monthly income (before taxes).

Nevada uses a statutory formula based on the number of children you have. This is calculated on the first $6,000 of the monthly gross income. You can also find online child support calculators - just make sure you're entering accurate income information.

If both parents share physical custody (joint physical custody), child support is calculated from each parent's income and the higher earner pays the difference to the lower earner.

Can Child Support Change?

Yes. Either parent can request a review hearing every 3 years. The person asking for the change must show the court why it's needed - for example, a significant change in income.

When Does Child Support End?

• When the child turns 18, OR

• When the child graduates from high school (up to age 19), OR

• If the child has a disability, until they are self-sufficient

If the parent ordered to pay doesn't pay, the court can enforce it through wage garnishment, liens on property, or even intercepting tax refunds.

Moving Away After Divorce: Relocation Rules

If you have children and want to move - either out of Nevada or to a different part of Nevada - you can't just pack up and go. Nevada has strict relocation laws.

You must get either:

Written permission from the other parent OR
A court order approving the move
- To get court approval, you'll need to show:
- You have a genuine, good-faith reason for moving (not just to keep the kids away from the other parent)
- The move is in the child's best interest
- Both you and the child will genuinely benefit from the relocation

But beware: If you take your children out of Nevada without permission, you could be charged with a felony and lose custody rights. This is serious, so always get proper permission first.

Where to Get Help

You don't have to navigate this alone. Here are free and low-cost resources available in Nevada:

• Legal Aid Center of Southern Nevada- free legal help for those who qualify

• Ask-a-Lawyer Referral Program- get a brief consultation with a licensed attorney

• Self-Help Center at the courthouse- free forms and basic guidance

Going through a divorce is never easy, but understanding the process puts you in a much better position to protect yourself and your children. Knowledge is power - and you now have a solid foundation to start from.

This blog post is for general informational purposes only and does not constitute legal advice. Please consult a licensed Nevada attorney for advice specific to your situation. This article has been reviewed and approved for legal accuracy by Mike Falater, Esq. It is intended for informational purposes only and does not constitute legal advice.