Frequently Asked Questions About Divorce in Reno, NV

At least one of the parties must have resided in Nevada for at least six weeks before filing for a divorce.

The Court requires proof of residency, in the form of an Affidavit of Resident Witness. The individual who signs this sworn Affidavit in front of a notary, must be a Nevada resident who knows you, and can attest that you have resided in Nevada for at least six weeks prior to the date of filing for the divorce.

Nevada is a “no-fault” state. This means that you do not need to prove your spouse did anything “wrong” in order to obtain a divorce. The most common ground for divorce in Nevada is “incompatibility.” This simply means that the parties no longer get along and there is no chance of a reconciliation.

Other grounds include: Insanity of one party for two years prior to the date of filing, or that spouses have lived separate and apart for more than one year.

That depends on the situation. A Joint Petition (meaning, both parties have agreed on all issues and submit the Petition for Divorce jointly) can be completed in a matter of days or weeks. A contested matter, in which issues must be litigated and may end up at trial could take months or even years.

Yes, as part of the divorce process you can change your name in the state of Nevada.

A legal separation in Nevada refers to a formal arrangement where a married couple lives apart while remaining legally married. Under Nevada law, a “legal separation” is defined as a situation where a married couple has lived separate and apart for 30 days or more and has no present intention of resuming a marital relationship.

A legal separation does not dissolve the marriage but allows the couple to address issues such as property division, child custody, and support while living apart. It is distinct from divorce, as the marital status remains intact, and the separation can be terminated if the couple reconciles

If you cannot locate your spouse to serve them divorce papers in Nevada, you may request the court’s permission to serve them by publication. To obtain such an order, you must file a motion and provide evidence showing that you exercised due diligence in attempting to locate your spouse. This includes affidavits or declarations detailing your efforts to find and serve them, the last-known address of your spouse, and confirmation that you are unaware of any other address where they might be found.

A joint petition for divorce in Nevada is a legal process that allows both spouses to jointly file for a divorce under a summary proceeding. To initiate a joint petition, both spouses must sign the petition under oath, confirming that all conditions outlined in 125.181. Summary proceeding for divorce are met. These conditions include jurisdictional requirements, grounds for divorce, and agreements on matters such as child custody, property division, and spousal support, if applicable.

In Nevada, it generally does not matter who files for divorce first, as the legal process and the court’s decisions are not influenced by which party initiates the divorce. Nevada law provides that either party may file for divorce in the county where they reside, where the other party resides, or where the parties last cohabited, provided that at least one party has been a resident of Nevada for six weeks prior to filing. However, in cases involving jurisdictional disputes or concurrent filings in different states or countries, the timing of the filing may become relevant.