Nevada Divorce Laws: Residency, Alimony, and Custody Explained

Thinking about divorce in Nevada? Known for its relatively quick and flexible divorce system, Nevada has specific rules around residency, property division, alimony, and child custody.

This guide walks you through what matters most in 2025 to help you plan ahead.

Residency Requirement & Filing Grounds

Nevada is a no-fault divorce state—you can file on the grounds of incompatibility alone. If incompatibility is not cited, a one-year separation is required before divorce can proceed.

To file:

• At least one spouse must have lived in Nevada for six continuous weeks before filing, with intent to make it their home.
• If minor children are involved, they must have lived in Nevada for six months prior to filing for the court to exercise jurisdiction over custody and support matters
• Residency is proven via an affidavit from a witness who can verify your residence in Nevada .

---

Property Division

Nevada is a community property state. All assets and debts acquired during the marriage are considered community property and are generally split 50/50 unless spouses agree otherwise

Some deviation from an equal split may occur if there is proof of financial misconduct or if property is separate (like gifts or inheritances)

Alimony (Spousal Support)

Alimony in Nevada is not automatic, but the court may award support if it deems it “just and equitable”. Factors considered include:

• Marriage length (support after short marriages is rare)
• Financial condition and earning capacity of both spouses
• Standard of living during marriage
• Contributions as homemaker or support of partner’s career/education

Types of support:

• Temporary (pendente lite)—during the divorce process
• Rehabilitative—to help obtain work-training or education
• Periodic—ongoing payments, often for up to half the marriage duration in medium-length marriages
• Lump-sum or permanent—less common and generally reserved for long marriages or special circumstances

Adjustments may be made if the payer’s income changes substantially (usually ~20%) or if the recipient remarries or dies.

Child Custody & Support

Custody

• Nevada courts prioritize the best interests of the child and generally favor joint legal and joint physical custody when possible
• Joint physical custody requires that the child spend at least 40% of time with each parent—often interpreted as 146 days per year
• If concerns like abuse or neglect are present, courts may award sole legal or physical custody and potentially supervised visitation .
• Mediation is typically required before custodial decisions are finalized.

Support

• Child support is determined via a statutory formula based on gross monthly income and number of children.
• For example, one child: each parent pays 16% of the first $6,000, 8% of income between $6,000–$10,000, and 4% above $10,000. Two children: parents pay 22%, 11%, and 6% respectively.
• Adjustments may be made for special medical needs, child transportation, and shared custody time differences.
• Support typically continues until the child turns 18, or 19 if still in high school. Support for disabled children may extend longer .

Final Thoughts

Nevada offers a relatively streamlined divorce process—in part due to low residency requirements and no-fault grounds. That said, the court carefully evaluates property division, support, and custody decisions based on fairness and the best interest of children.

Given the flexibility but complexity of the process, consulting a qualified family law attorney remains advisable for tailored guidance.

About The Author