A one-signature divorce in Nevada is possible: one spouse can file for and obtain a divorce without the other spouse’s agreement, participation, or signature. You file a Complaint for Divorce in district court, have your spouse served, and if they do not respond within 21 days, you can ask the court to grant the divorce by default. Nevada’s six-week residency requirement and no-fault grounds make this one of the fastest unilateral divorce paths in the country.
Six Weeks of Residency Before You Can File
At least one spouse must have physically lived in Nevada for a minimum of six weeks immediately before the Complaint is filed.1Nevada Legislature. Nevada Code 125.020 – Verified Complaint; Residence or Domicile; Jurisdiction of District Court Nevada is unusually lenient here. Most states require you to be “domiciled” in the state, meaning you consider it your permanent home. Nevada only requires physical presence for six weeks, even if your permanent home is somewhere else.
You prove residency through an Affidavit of Resident Witness. This is a sworn statement from someone who lives in Nevada, is at least 18, and has personally seen you living in the state during the required six-week period. The witness states how often they see you, how they know you, and the specific date you began residing in the state.2State of Nevada Self-Help Center. Affidavit of Resident Witness The affidavit gets filed alongside your divorce papers. Without it, the court lacks jurisdiction to hear the case.
No-Fault Grounds
Nevada is a no-fault state, so you do not need to prove your spouse did anything wrong. The ground nearly everyone cites is incompatibility. You are telling the court the marriage is not working, and that is enough.3Nevada Legislature. Nevada Code 125.010 – Causes for Divorce
Two other grounds exist but are rarely used: living separate and apart without cohabitation for at least one year, and insanity existing at least two years before filing (which requires corroborating evidence and may still leave the filing spouse owing support).3Nevada Legislature. Nevada Code 125.010 – Causes for Divorce
What to Put in the Complaint
The Complaint for Divorce launches the case. It identifies both spouses, states the grounds, and lays out what you want the court to order regarding property, debts, and (if applicable) children. This document matters more than any other, because in a default the court will generally grant what you asked for. Everything you leave out, you may lose; everything you ask for aggressively may draw judicial scrutiny.
Gather your financial information before drafting. List real estate, bank accounts, retirement accounts, vehicles, and other assets acquired during the marriage, along with mortgages, credit card balances, and loans. Nevada is a community property state. The court must divide community property equally to the extent practicable, and a judge can only deviate from an equal split for a compelling reason stated in writing.4Nevada Legislature. Nevada Code 125.150 – Alimony, Adjudication of Property Rights If your Complaint asks for an unequal split, expect the court to look closely at the justification.
Along with the Complaint, you prepare a Summons and a Civil Cover Sheet. Standardized forms are available through the Nevada Family Law Self-Help Center or your local district court clerk’s office. You sign under penalty of perjury. That single signature is what triggers the litigation. No input or signature from the other spouse is needed.
Filing Fees and Where to File
Bring the signed Complaint, Summons, and supporting documents to the clerk’s office in the appropriate district court. The clerk stamps everything with a case number and department assignment, officially opening the case.
Fees vary by county. In Clark County (Las Vegas), the fee for a divorce complaint is $299.5Clark County Courts. Eighth Judicial District Court Fees In Washoe County (Reno), it is $284.6Washoe Courts. Divorce, Legal Separation, and Annulment Packets If you cannot afford the fee, you can file an Application to Proceed In Forma Pauperis to ask the court to waive it.7State of Nevada Self-Help Center. Court Fees and Fee Waivers
Serving Your Spouse
After filing, you must legally notify your spouse that the case exists. This is service of process, and Nevada’s rules are strict. You cannot hand the papers to your spouse yourself. The documents must be delivered by someone who is at least 18 and is not a party to the case: a sheriff, constable, or private process server.8Nevada Legislature. Nevada Rules of Civil Procedure – Rule 4 Professional process servers typically charge starting around $95, with rush service costing more.
The server can deliver the papers in three ways: handing them directly to your spouse, leaving them at your spouse’s home with someone of suitable age who lives there, or delivering them to an authorized agent.9Nevada Legislature. Nevada Rules of Civil Procedure – Rule 4.2 After delivery, the server completes an Affidavit of Service that gets filed with the court. That proves your spouse was notified and starts the clock on their response deadline.
If You Cannot Find Your Spouse
Nevada allows service by publication, but only after you demonstrate “due diligence” in searching. Contact friends, family, employers, and coworkers who might know your spouse’s location. Search social media, check with the Post Office for forwarding addresses, and exhaust every reasonable avenue.10State of Nevada Self-Help Center. How to Serve the Divorce Papers The judge will want to see you genuinely tried.
If the court authorizes publication, the notice must run at least once a week for four consecutive weeks in a court-approved newspaper.11Nevada Legislature. Nevada Rules of Civil Procedure – Rule 4.4 A judge will not approve this unless you show that normal service methods are impracticable.
The 21-Day Response Window
Once your spouse is served, they have 21 calendar days to file a response with the court.12State of Nevada Self-Help Center. Responding to the Divorce Papers A response can be an Answer addressing each claim in your Complaint, a Counterclaim making their own requests, or both. This window is the fork in the road.
If your spouse files a response, the default path ends. The case becomes either uncontested (if you both agree on terms) or contested (if you disagree on anything). Contested cases involve negotiation, possible mediation, and often a hearing. That is a different process with a significantly longer timeline.
Getting the Default Decree
If the 21 days pass with no response, you can ask the clerk to enter a default against your spouse, which formally records that they chose not to participate. Under Nevada’s rules, this requires showing by affidavit or other evidence that the other party failed to plead or defend.13Nevada Courts. Nevada Rules of Civil Procedure – Rule 55
After the clerk enters the default, you apply to the court for a default divorce decree. NRS 125.123 specifically governs default divorce applications in Nevada.14Nevada Legislature. Nevada Code NRS 125 – Dissolution of Marriage The court can grant the divorce on the written record or schedule a brief hearing. If the judge finds your proposed terms consistent with Nevada law, they sign the Decree of Divorce. The decree is final and effective immediately. Nevada has no mandatory waiting or cooling-off period.
Because your spouse did not contest, the court will generally grant what you asked for in the Complaint: your proposed property division, custody arrangement, and support terms.12State of Nevada Self-Help Center. Responding to the Divorce Papers That is why the Complaint carries so much weight.
How Long the Whole Process Takes
- Residency: Six weeks of physical presence in Nevada before you can file.
- Filing and service: A few days to a couple of weeks, depending on how quickly you can locate your spouse and have them served.
- Response window: 21 calendar days after service.
- Default entry and decree: A few additional weeks after the 21 days expire, depending on the court’s schedule.
In the simplest cases, with no children and a cooperative or absent spouse, a default divorce can be finalized within a few months of establishing residency. Cases involving minor children, service by publication, or complex property take longer.
If You Have Minor Children
A one-signature path still works when children are involved, but the Complaint must include detailed proposals for physical custody (where the children live), legal custody (who makes major decisions about education, healthcare, and welfare), child support, and health insurance coverage.
Nevada courts also require both parents to attend a parenting education class, often called a TransParenting class, when the divorce involves minor children. The class focuses on reducing conflict during the separation and helping children adjust. Filing of completion certificates is typically due within 45 days after the Answer is served. Fees for court-approved parenting classes are generally modest, often under $85.
Even on a default track, the court will scrutinize custody and support terms to ensure they serve the children’s best interests. Judges do not rubber-stamp custody arrangements simply because the other parent failed to show up. Your proposals need to be reasonable, and the court may require a hearing before signing the final decree.