Nevada Uncontested Divorce: From Start to Divorce Decree

For those seeking a Nevada uncontested divorce decree, there are specific steps to take. Matters are much easier if there are no minor children involved and if issues regarding property have already been agreed upon.

No-Fault Jurisdiction

Nevada provides no-fault grounds for a divorce under NRS 125.010. They are:

(1) incompatibility;

(2) living separate and apart without cohabitation for 1 year; and in some cases

(3) insanity, if the insanity existed for at least 2 years before filing for the divorce.

Residence-Domicile Requirement

NRS 125.020(2) provides that unless the cause of action accrued within the county while the plaintiff and defendant were actually domiciled therein, no court has jurisdiction to grant a divorce unless either the plaintiff or defendant has been resident of the State for a period of not less than 6 weeks preceding the commencement of the action.

Where to File

NRS 125.020(1) provides that a divorce can be filed by verified complaint to the district court of any county:

(a) In which the cause therefor accrued;

(b) In which the defendant resides or may be found;

(d) In which the parties last cohabited; or

(e) If plaintiff resided 6 weeks in the State before suit was brought.

Summary Proceeding

NRS 125.181 states that a marriage can be dissolved by summary decree if the following conditions exist at the time the proceeding commence:

1. Either party has met the jurisdictional requirements of NRS 125.020.

2. The husband and wife have lived separate and apart for 1 year without cohabitation or they are incompatible.

3. There are no minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage and the wife, to her knowledge, is not pregnant, or the parties have executed an agreement as to the custody of any children and setting forth the amount and manner of their support.

4. There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement.

5. The parties waive any rights to spousal support or the parties have executed an agreement setting forth the amount and manner of spousal support.

6. The parties waive their respective rights to written notice of entry of the decree of divorce, to appeal, to request findings of fact and conclusions of law and to move for a new trial.

7. The parties desire that the court enter a decree of divorce.

Final Judgment Entry

NRS 125.184 states:

1. Entry of the final judgment upon a petition for a summary proceeding for divorce constitutes a final adjudication of the rights and obligations of the parties with respect to the status of the marriage and the property rights of the parties and waives the respective rights of the parties to written notice of entry of the judgment or decree, to appeal, to request findings of fact and conclusions of law and to move for a new trial.

2. A final judgment entered pursuant to this section does not prejudice or bar the rights of either of the parties to institute an action to set aside the final judgment for fraud, duress, accident, mistake or other grounds recognized at law or in equity.

Find an Attorney

If you seek an uncontested divorce in Nevada, a lawyer can help you overcome any possible obstacles. Find an attorney experienced with Nevada's divorce laws to make the process smoother.

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