A Nevada divorce ends a marriage and settles four questions: how property and debt are divided, whether either spouse pays support, what happens with the children, and how quickly it is all resolved. How hard those questions are depends entirely on the facts — and on whether both spouses are prepared to be reasonable.
The Jimmerson Law Firm has represented divorcing clients in Clark County since 1977. We handle uncontested matters efficiently and contested ones thoroughly, and we are candid about which one you are in.
Contested and Uncontested Divorce
An uncontested divorce is one where both spouses agree on every issue and sign a joint petition or a settlement agreement. These resolve relatively quickly and cost comparatively little. If you genuinely agree on everything, this is the right path.
A contested divorce is one where you do not. Disagreement can be narrow — one asset, one support figure — or total. Contested cases move through discovery, motion practice, often mediation, and occasionally trial. The realistic goal in most contested cases is a negotiated resolution reached from a position of strength, which is a different thing from settling because you cannot afford to fight.
We will tell you early and plainly which category your case is in. Clients who understand that from the start make better decisions than clients who find out eight months later.
How Nevada Divides Property
Nevada is a community property state. Under NRS 125.150, assets and debts acquired during the marriage are presumed to belong equally to both spouses and are divided in a manner the court finds just and equitable — usually equally, though a court may deviate where fairness requires.
Separate property — what a spouse owned before marriage, or received individually by gift or inheritance under NRS 123.130 — is generally not divided.
The complication is commingling. Separate property that has been mixed with marital property over years of marriage may lose its separate character, in whole or in part. A premarital account later used jointly, or a home bought before marriage but paid down with marital income, will often require tracing to sort out.
If your divorce involves a business, a professional practice, trust assets, stock options, or substantial investment holdings, the analysis becomes considerably more involved and the dispute usually centers on how assets are characterized and valued rather than the split ratio. See our High-Net-Worth Divorce practice.
Spousal Support
Nevada courts may award spousal support — alimony — where it is just and equitable. There is no fixed formula. Under NRS 125.150, the court weighs factors including the length of the marriage, each spouse’s income and earning capacity, the standard of living during the marriage, the contributions of each spouse, and the career or education one spouse gave up. Amount and duration are highly fact-specific, and support is one of the most negotiable terms in most settlements.
Children
Custody and support are decided by the best interest of the child standard under NRS 125C.0035. Nevada expresses a policy preference for both parents having frequent associations and a continuing relationship with the child where that serves the child’s interest. Child support is calculated under the Nevada Administrative Code guidelines based on income and the custodial arrangement.
See Child Custody for the custody analysis in detail.
Why The Jimmerson Law Firm
Clark County practice since 1977, real trial experience, and an AV rating from Martindale-Hubbell. Just as importantly: because our firm also litigates business disputes and drafts and litigates trusts, a divorce that turns out to be more complicated than it first appeared does not require you to find a second firm.
Schedule a confidential consultation. Call (702) 388-7171.
Frequently Asked Questions
How long does a divorce take in Nevada?
An uncontested divorce where both spouses sign a joint petition can be finalized in a few weeks. A contested divorce typically runs several months to a year, and a heavily contested case with significant assets or a custody dispute can take longer. The residency requirement is six weeks before filing.
How much does a divorce cost in Las Vegas?
An uncontested divorce is relatively inexpensive because there is little work to do. Contested divorces are billed hourly and the cost tracks the level of conflict, the amount of discovery, and whether experts are required. The single largest cost driver is not the lawyer’s rate — it is how much the parties fight.
Do I need a reason to get divorced in Nevada?
No. Nevada allows a divorce on the ground of incompatibility, without either spouse proving fault. Marital misconduct generally does not affect the division of community property.
Is everything really split 50/50?
Usually, but not automatically. NRS 125.150 requires a just and equitable division, which typically means equal, but a court may divide community property unequally where it finds a compelling reason. Separate property is not divided at all — which is why characterizing each asset correctly matters more than the ratio.
What happens to the house?
It depends on when it was acquired and how it was paid for. A home bought during the marriage is generally community property. Common outcomes are a sale with the proceeds divided, one spouse buying out the other’s interest, or a deferred sale where one spouse remains in the home for a defined period, often for the children’s sake.
Can we use the same lawyer?
No. A lawyer cannot represent both spouses in a divorce — the interests are adverse, even in an amicable case. One spouse can retain counsel to prepare documents while the other proceeds unrepresented, but that lawyer represents only one party and cannot advise the other.
What if my spouse and I mostly agree?
Then say so at the consultation. Where the disagreement is genuinely narrow, the sensible approach is to document what is settled and focus effort on the remaining issue rather than opening every question. Mediation is often effective in exactly this situation.
Do I have to go to court?
Most divorces are resolved without a trial. You may still have hearings on temporary orders or contested motions along the way. If the case does go to trial, it is heard by a judge in the Family Division of the Eighth Judicial District Court — Nevada does not use juries in divorce matters.
This page is for general information and is not legal advice. Every divorce is different; contact us to discuss your specific situation.
Part of our family law practice and our Las Vegas litigation practice.