Residency Requirements:
In order to file for divorce in Nevada, one spouse must have been a
resident of the state for at least 6 weeks before filing. If the cause
for divorce took place in the county of Nevada where the spouses lived
at the time of the cause, there is no time requirement.
General Divorce Procedure:
1) A summary divorce may be granted if the
residency requirement has been satisfied; the spouses are incompatible,
or they have lived separate and apart without cohabitation for 1 year;
2) there are no minor children, including
adopted, and the wife is not pregnant, or the spouses have a written
agreement regarding child support and custody; there is no community
property, or the spouses have a written agreement regarding the division
of such property and have signed any deeds, titles or other evidences
of transfer of property; both spouses waive their right to spousal
support; both spouses waived their right to:
(a) notice of entry of the final decree of divorce;
(b) appeal;
(c) a new trial;
(d) their right to request findings of fact and
conclusions of law in the divorce proceedings; and both spouses want
the court to enter the decree of divorce.
In addition, the spouse may seek the decree of divorce by default
by affidavit. The affidavit must contain the a statement that
(a) the residency requirement has been met and
(b) all the information in the affidavit is correct and true on the
personal knowledge of the affiant; and
(c)it must give facts to support allegations;
(d) affiant is competent to testify;
(e) and give factual
support for each allegation.
Each divorce filed must contain a Civil Cover sheet, a Verification
of pleadings, and request for submission, and an Affidavit of residency.
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Grounds for Nevada Divorce:
No-fault:
Nevada’s no-fault grounds for divorce include incompatibility and
living separate and apart without cohabitation for one years.
Fault-based:
Fault-based grounds include:
Fault-based grounds include insanity for two years.
Legal Separation:
A spouse may have a suit for maintenance if he/she has been deserted
for over 90 days, or if he or she has any of the grounds for a divorce.
There is no residency requirement.
Mediation or Counseling:
Nevada’s no-fault grounds for divorce include incompatibility and
living separate and apart without cohabitation for one years. There are
no provisions regarding divorce mediation.
Where to file for divorce:
Filing can take place in the county where either spouse resides,
where spouses last lived together, where the cause for divorce took
place, or where the plaintiff resided for 6 weeks immediately prior
to filing for divorce.
Title of Divorce action:
Complaint for Divorce.
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