To obtain a divorce in the state of Nevada you must have been a resident of Nevada for more than six weeks. The residency requirement for parties with children is longer, as Nevada needs to be the children’s home state for 6 months or more. The court requires proof of residency.

Nevada is a no-fault state. This means that the spouse who files for divorce doesn’t need to prove that the other spouse was in any way at fault and a spouse does not get more favorable treatment in the divorce if the other spouse was at fault. The spouses, or just one of the parties, need to believe and state that they longer compatible as spouses and reconciliation is not possible.

Nevada is a community property state, which means that in most instances, assets that are acquired by the couple during the marriage are owned by both. This includes earnings and debts.  There are exceptions to the community property rule for gifts, inheritance, written agreements, and items obtained before the marriage. Other exceptions may also apply.

If there is no chance of reconciliation, the divorcing party can use any of the  below reasons to file for Divorce in Nevada:

  1. Insanity for two years before the divorce action is filed.  When the court grants divorce on grounds of insanity, this does not relieve the person who petitioned for the divorce from responsibility in contributing to the support and maintenance of the allegedly insane spouse.
  2. Incompatibility with no chance of reconciliation: Incompatibility is often the chosen ground for divorce because there are no special requirements for the spouse to prove anything.
  3. When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an absolute decree of divorce at the suit of either party.

At Jacovino Law our attorneys are compassionate and have a reputation for excellence. If you want to end your marriage and want a strong advocate on your side, contact us at (702) 776-7179 or schedule a consultation at