Filing for divorce in Nevada starts with residency: under NRS 125.020, at least one spouse must generally have lived in the state for at least six weeks before the case begins. From there, Nevada law offers two routes — a joint petition filed together when both spouses agree on everything, or a complaint for divorce filed by one spouse when they do not. Both are filed in the district court, and the state’s court self-help centers publish free forms for people filing without a lawyer.
Who can file for divorce in Nevada?
NRS 125.020 gives Nevada’s district courts jurisdiction over divorce and generally requires that either the plaintiff or the defendant has been a Nevada resident for not less than six weeks before the action is commenced. There is a narrow exception when the cause of action accrued in the county while both spouses were actually domiciled there, but the six-week rule covers the vast majority of cases.
Residency is corroborated by a sworn statement from someone who knows the filing spouse lives in Nevada — commonly called a resident witness affidavit. The Family Law Self-Help Center describes it as an affidavit signed under penalty of perjury by a friend, family member, or co-worker. For joint petitions, NRS 125.182 expressly requires an affidavit corroborating residency. The full details are covered in Nevada’s divorce residency requirement.
Nevada is a no-fault state, so the filing spouse does not need to prove wrongdoing — incompatibility is a sufficient ground, as explained in Is Nevada a no-fault divorce state?
What is a joint petition (summary divorce)?
The joint petition — which the statutes call a “summary proceeding for divorce” — is Nevada’s streamlined path for couples in full agreement. NRS 125.181 lists the conditions that must all exist when the case is filed, including:
- One spouse meets the jurisdictional (residency) requirement of NRS 125.020;
- The spouses are incompatible or have lived separate and apart without cohabitation for one year;
- There are no minor children of the marriage (and no pregnancy), or the spouses have signed an agreement setting custody and child support;
- There is no community or joint property, or the spouses have signed an agreement dividing it;
- Spousal support is resolved — waived or set by written agreement;
- Both spouses waive certain procedural rights (such as written notice of entry of the decree, appeal, findings of fact, and a new trial) and state that they want the court to enter the decree.
Under NRS 125.182, both spouses sign a single petition under oath stating the required facts — the date and place of the marriage, addresses, whether there are minor children or a pregnancy, and whether either spouse wants a former name restored — with any settlement agreement attached and the residency affidavit included. Either spouse may revoke the joint petition before final judgment by filing a notice of revocation (NRS 125.183), which ends the summary proceeding. When the court enters the decree, NRS 125.184 makes it a final judgment.
Because both spouses have already agreed to everything, courts typically grant properly completed joint petitions quickly, usually without a hearing.
What is a complaint for divorce (contested divorce)?
When spouses do not agree — or one spouse will not participate — one spouse files a complaint for divorce. That spouse becomes the plaintiff and the other the defendant, and the case follows the ordinary civil-lawsuit pattern: the complaint and summons must be served on the defendant (see How do you serve divorce papers in Nevada?), the defendant may file an answer, and the court decides any issues the spouses cannot settle — property, debts, alimony, custody, and support.
“Contested” describes the procedure, not necessarily the mood. Many divorces filed by complaint settle by agreement before trial, and a defendant who never responds can end up with a default decree entered against them.
Where is a divorce filed?
Divorce cases are filed in Nevada’s district courts, the trial courts to which NRS 125.020 assigns divorce jurisdiction. Each county belongs to a judicial district, and the clerk of the district court accepts the filing and collects the filing fee. In larger counties the district court has a dedicated family division that hears divorce cases. Filing fees vary by county and can be waived for people who qualify — covered in How much does a divorce cost in Nevada?
Can someone file for divorce without a lawyer?
Yes. Self-representation is common in Nevada divorces, and the courts publish official resources for it. The Family Law Self-Help Center — operated for the Clark County courts — offers free step-by-step instructions and downloadable form packets both for filing together and for filing alone. The Nevada Supreme Court also maintains a statewide self-help website with family law materials. These resources explain procedure and provide court-approved forms; they do not provide legal advice.
Does Nevada have e-filing?
Yes. Nevada’s larger district courts use electronic filing. The Family Law Self-Help Center’s materials reference the eFileNV system for submitting documents online in Clark County, and its pages link to e-filing assistance for self-represented filers. Paper filing with the clerk remains available in many courts, and practices vary by county, so each district court’s own instructions control how documents are actually submitted.
What happens after the divorce is filed?
The paths diverge based on how the case started:
- Joint petition: The court reviews the petition and proposed decree. If everything is in order, a judge signs the decree — often without a hearing — and the divorce is final when the decree is entered. Under NRS 125.130, a decree of divorce is a final judgment that completely dissolves the marriage.
- Complaint: The defendant must be served, after which they have a limited time to respond. The case then moves through disclosures, possible settlement or mediation, and hearings on any disputed issues. It ends the same way — with a decree of divorce that is final under NRS 125.130.
Timing for both paths is covered in How long does a divorce take in Nevada?, and the broader picture — property, alimony, custody, and support — is mapped out in the complete guide to divorce in Nevada.