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OverviewUpdated 2026-02-27

Nevada Family Law Guide — Divorce, Custody & Support

Divorce, custody, support, and property division under Nevada law — grounds, process, timelines, and what to expect

Jump to:
Uncontested Divorce — Requirements & StepsDivorce With Children — Custody & SupportCustody Modification — How to FileChild Support — Calculation & EnforcementTemporary Orders in Nevada Family Cases — What to KnowFamily Law — How Service of Process WorksFamily Law — Contempt & Enforcement ActionsProtection Orders — How to Get One
Family Law and Divorce

Family law covers divorce, child custody, child support, property division, and spousal support — and in many cases, several of these issues are decided at the same time. Whether you are filing, responding to a petition, or seeking to modify an existing order, the process moves through a structured series of stages. The decisions you make early — especially around temporary orders and documentation — directly shape the final outcome.

1
💬
Intake
facts + posture
2
📄
Filing
county + service
3
⚖️
Temporary Issues
orders pending case
4
🤝
Agreement / Hearing
negotiation or court
5
✅
Final Order
enforceable terms
Key Issues
👨‍👩‍👧
Custody
physical & legal custody
💵
Child Support
income-based calculations
🏠
Property Division
marital vs. separate assets
⚖️
Spousal Support
duration & amount factors
📋
Temporary Orders
interim relief while pending
High-level illustration only. Stages vary based on issues, county, and whether the matter is contested.

Of all family law matters, divorce is the most common — and typically the most consequential. A divorce case can involve every other area of family law at once: custody, child support, property division, and spousal support. That is why most family law overviews begin here. Even if your situation involves only one of those issues, understanding the divorce framework helps, because the same statutes, standards, and court procedures apply across the board.

Grounds for divorce in Nevada §125.010

Nevada allows no-fault divorce based on incompatibility §125.010. No-fault means neither party must prove the other did something wrong — the marriage has simply broken down. Nevada also recognizes fault-based grounds including insanity existing for 2+ years before filing, living separate and apart without cohabitation for 1+ year, and others.

The divorce process — step by step

1
Establish eligibility
Either the plaintiff or the defendant must have been a resident of Nevada for at least 6 weeks before filing, unless the cause of action accrued in the county while both spouses were domiciled there §125.020. The petition must be filed in the correct county.
2
File the petition
One spouse files a petition for divorce and serves it on the other spouse §125.400.
3
Temporary orders (if needed)
Courts may issue temporary orders for maintenance, child support, cost of suit, and property during pendency of the divorce. §125.040. These remain in effect until the final order.
4
Discovery and negotiation
Both parties exchange financial information and attempt to resolve custody, support, and property issues — either directly, through attorneys, or in mediation.
5
Final hearing or agreement
If the parties agree, the court reviews and approves the settlement. If not, the judge hears evidence and makes the decisions.
6
Waiting period
no mandatory waiting period §125.010.

Contested vs. uncontested divorce

UncontestedContested
DefinitionBoth spouses agree on all issuesSpouses disagree on one or more issues
TimelineShorter (after waiting period) §125.010Longer
Court involvementCourt reviews agreementCourt decides disputed issues
Who decidesThe spouses, by agreementThe judge, based on evidence and statute §125.010

Key areas the court addresses

Child custody §125C.0035

Courts determine custody based on the best interests of the child, considering factors including the child's wishes (if of sufficient age and capacity), any nomination of a guardian by a parent, domestic violence history, and which parent is more likely to allow frequent contact.

Child support §425.140

Nevada uses an percentage-of-income model. Based on percentage of obligor's gross monthly income.

Property division §125.150

Nevada follows community property — equal division. The court divides marital property based on what is fair, considering the length of the marriage, each spouse's contributions, and economic circumstances.

Spousal support §125.150

Courts may award alimony based on financial condition, estate, and earning capacity of each spouse; length of marriage is a key factor.

What changes the outcome?

  • Quality and completeness of financial documentation
  • Timing of filing, responses, and temporary-order requests
  • Existing court orders or pending cases
  • Whether children are involved (adds custody and support layers)
  • Willingness to negotiate versus taking issues to trial
⚠If a court date is approaching, a temporary order has been entered, or you have been served with papers, timing is critical. Missed deadlines can limit available remedies.
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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

Legal authoritiesStatutes referenced on this page
NRS § 125.010
Grounds for divorce
Nevada recognizes both fault-based grounds (insanity existing for 2+ years before filing, living separate and apart without cohabitation for 1+ year) and no-fault grounds (incompatibility).
  • No-fault: incompatibility
  • Fault grounds include insanity existing for 2+ years before filing, living separate and apart without cohabitation for 1+ year
View →
Verified 2026-09-24 · quarterly review
NRS § 125.010
Divorce on incompatibility
Either party may obtain a divorce on the ground of incompatibility, which requires no proof of fault.
View →
Verified 2026-09-24 · quarterly review
NRS § 125.020
Residency requirement
Either the plaintiff or the defendant must have been a resident of Nevada for at least 6 weeks before filing, unless the cause of action accrued in the county while both spouses were domiciled there
View →
NRS § 125.010
Waiting period
Minimum no mandatory waiting period.
View →
Verified 2026-09-24 · quarterly review
NRS § 125.400
Service of process
Process shall be served in the same manner as in actions at law; the court retains jurisdiction upon substituted or constructive service
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Verified 2026-09-24 · quarterly review
NRS § 125.040
Temporary orders
Courts may issue temporary orders for maintenance, child support, cost of suit, and property during pendency of the divorce.
View →
NRS § 125C.0035
Custody — best interests standard
Courts determine custody based on the best interests of the child, considering factors including the child's wishes (if of sufficient age and capacity), any nomination of a guardian by a parent, domestic violence history, and which parent is more likely to allow frequent contact.
View →
Verified 2026-09-28 · quarterly review
NRS § 425.140
Child support guidelines
Nevada uses an percentage-of-income model — both parents' incomes are combined, and support is apportioned based on each parent's share.
  • Based on percentage of obligor's gross monthly income
  • Tiered schedule (NAC 425.140): one child — 16% of the first $6,000 of monthly gross income, 8% of $6,001–$10,000, 4% above $10,000; two children — 22%/11%/6%
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NRS § 125.150
Property division
Nevada uses community property — equal division to divide marital property.
View →
Verified 2026-09-24 · quarterly review
NRS § 125.150
Spousal support / alimony
Courts may award alimony based on financial condition, estate, and earning capacity of each spouse; length of marriage is a key factor
View →
Verified 2026-09-24 · quarterly review
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →