How to Fill Out and File the Nevada Joint Petition for Divorce

A Nevada joint petition for divorce lets you and your spouse file one signed document together and, in most cases, finish the divorce without ever setting foot in a courtroom. The process is called a summary proceeding for divorce under NRS 125.181 through 125.184, and it works only when the two of you agree on every term: property, debts, support, and custody if you share minor children.¹ You file a six-form packet, pay roughly $284 to $299 depending on the county, and no attorney is required.

Do You Qualify

Every one of the following must be true. If even one fails, you cannot use the joint petition and will need to file through the standard contested or uncontested divorce process.

At least one spouse has lived in Nevada for six continuous weeks before filing.²
You and your spouse have either lived separate and apart for at least one year without cohabiting, or you are incompatible.¹
There are no minor children born to or adopted by both of you, and the wife is not pregnant to her knowledge, or you have a written agreement covering custody and child support.
There is no community or joint property, or you have executed an agreement dividing it all, including the titles, deeds, or bills of sale needed to carry that agreement out.
Both of you waive spousal support, or you have an agreement specifying the amount and payment schedule.
Both of you waive your rights to written notice of entry of the decree, to appeal, to request findings of fact and conclusions of law, and to move for a new trial.
Both of you want the court to enter the divorce decree.

Incompatibility is the common ground. It means you both acknowledge the marriage isn’t working, and it does not require proving fault or waiting out a year of separation.

The Forms You File

The Nevada Self-Help Center provides fillable PDFs for the entire packet, with separate versions depending on whether you share children.³ The Center also offers a guided online interview that fills in the forms from your answers. Six documents make up a complete filing:

Family Cover Sheet with basic identifying information about both spouses and any children.
Confidential Information Sheet listing both Social Security numbers. The clerk seals it from public view.
Affidavit of Resident Witness, a sworn statement from a third party confirming the Nevada residency.
Joint Petition for Divorce, the main document setting out every agreed term.²
Request for Submission asking the judge to decide the case without a hearing.
Decree of Divorce, the proposed final order. Both spouses sign it before filing so the judge can review and countersign.⁴

If you have a separate marital settlement agreement covering property, debts, or support, attach it to the petition as an exhibit.²

What Goes in the Petition

The petition is signed under oath and must contain the information required by NRS 125.182:

Which spouse meets the six-week residency, the county they live in, and the basis for filing there.
Which ground you are relying on: incompatibility or one year of living apart.
The date and location of the marriage.
Current mailing addresses for both spouses.
Whether there are minor children or a known pregnancy, and, if children exist, your agreed custody and child support terms.
How you are dividing community property and debts. For detailed terms, reference the attached marital settlement agreement rather than crowding the petition.
Whether both of you waive spousal support, or the agreed amount and payment schedule.
Whether either spouse wants a former legal name restored, and what that name is. Nevada law allows any former name either spouse has legally used, not only a maiden name.²

Both spouses must sign the finished petition in front of a notary public.⁴ You don’t both need to use the same notary at the same time, but each signature must be notarized. Nevada notary fees are modest, typically a few dollars per signature. The Decree of Divorce and the Affidavit of Resident Witness also require notarization.

The Resident Witness Affidavit

This is where first-time filers often stumble. The court will not accept your petition without a separate sworn statement from someone other than either spouse confirming that at least one of you has physically been in Nevada for six weeks or longer.⁴ Your witness can be a friend, neighbor, coworker, or landlord, anyone with personal knowledge that you’ve been present in the state. The witness lists their name and contact information and describes how they know you’ve been living here. The affidavit must be notarized.

Where to File, and What It Costs

Submit the complete packet to the District Court Clerk in the county where you meet the residency requirement. Clark County (Eighth Judicial District Court) charges $299 for a joint petition.⁵ Washoe County (Second Judicial District Court) charges $284.⁶ Other counties vary slightly because the total combines a base statutory fee under NRS 19.013 with smaller surcharges.

If neither of you can afford the fee, each spouse must file a separate Application to Proceed In Forma Pauperis. The court won’t process a joint petition’s fee waiver unless it receives one application from each spouse.⁷

Clark County accepts electronic filings through Odyssey File & Serve.⁸ Other counties offer e-filing on their own platforms. You can also file in person at the clerk’s window, or by mail. The Family Law Self-Help Center estimates mail filings take roughly six to eight weeks to process.⁹

After You File

Once the clerk accepts your petition and assigns a case number, submit the pre-signed Decree of Divorce along with a filed copy of the petition to the judge for review. Check with your local court on the delivery method; some counties use a specific drop-off process.⁴

Because you filed the Request for Submission with the packet, the judge decides the case on paper. You likely will not appear in court. The judge confirms that every condition of NRS 125.181 is met, that the petition is properly completed and notarized, and that any property or custody terms are lawful. If something is wrong, the court returns the paperwork for corrections rather than signing.

The divorce is not final the moment the judge signs. It becomes final when the signed decree is filed with the clerk. Some judges file the decree automatically; others return the signed original to you to file. If the first page carries a date stamp in the upper-right corner, the clerk has already filed it. If not, take the original to the clerk’s office yourself. After filing, mail a copy to the other spouse and then file a Certificate of Mailing to prove the copy was sent. Decree submissions by mail add another four to six weeks per the Family Law Self-Help Center.⁹ In-person and e-filed submissions move faster, subject to the judge’s caseload.

Backing Out Before It’s Final

Either spouse can revoke the petition at any time before the judge files the final decree. File a written notice of revocation with the clerk of the court where the case was opened, then mail a copy to the other spouse by first-class mail at their last known address.² The summary proceeding ends immediately. The filing fee is not refunded.

Once the Decree Is Final

Entry of the decree fully adjudicates the status of the marriage, property rights, and any support or custody terms. Because both spouses waived appeal rights by signing the petition, the decree is binding right away.¹ The only route to challenge it afterward is a separate action to set it aside based on fraud, duress, accident, or mistake.²

Certified Copies

Order at least one certified copy from the clerk. You’ll need it for name changes, financial accounts, refinancing, and other administrative work. Clark County charges $3 per certified copy.⁵

Name Changes

If your decree restores a former name, start with the Social Security Administration. Most other agencies and banks require your Social Security card to match before they’ll update your records. Begin online or complete Form SS-5 and bring your certified decree and ID to a local Social Security office.¹⁰ Then move on to your driver’s license, bank accounts, passport, and the rest.

Retirement Accounts

If your settlement divides an employer-sponsored retirement plan such as a 401(k) or pension, the decree alone is not enough. Federal law requires a Qualified Domestic Relations Order, a separate court order directing the plan administrator to pay a portion of benefits to the non-participant spouse.¹¹ Without a valid QDRO, the plan can only pay benefits under its own terms, regardless of what the decree says. Get the QDRO drafted and approved before or right after the divorce is final; fixing retirement division mistakes later is difficult and sometimes impossible. Nevada’s Public Employees’ Retirement System has its own qualification process for QDROs that pay an alternate payee.¹²

Health Insurance

A spouse covered under the other’s employer-sponsored health plan loses eligibility when the divorce is final. If the employer has 20 or more employees, the former spouse can elect COBRA continuation coverage for up to 36 months. Notify the plan administrator within 60 days of the divorce. The enrollee pays the full premium plus a 2 percent administrative fee, which bridges the gap until new coverage is in place.

A Note on Taxes

Property transferred to your former spouse as part of the divorce, whether a house, investment account, or vehicle, does not trigger a taxable gain or deductible loss, provided the transfer happens within one year of the divorce or is related to the settlement. The receiving spouse takes the original tax basis, so any gain is deferred until they sell. This rule does not apply if the receiving spouse is a nonresident alien.¹³

Spousal support under agreements executed after December 31, 2018, is neither deductible by the payer nor taxable income to the recipient on federal returns. The Tax Cuts and Jobs Act made that change permanent, and it applies to any joint petition filed today.

1
Nevada Legislature. Nevada Code 125.181 – Summary Proceeding for Divorce: Conditions
2
Nevada Legislature. Nevada Code Chapter 125 – Dissolution of Marriage
3
State of Nevada Self-Help Center. Divorce Forms
4
State of Nevada Self-Help Center. Filing for Divorce Together
5
Eighth Judicial District Court. Filing Fee List
6
Washoe Courts. Filing Fee Schedule
7
State of Nevada Self-Help Center. Court Fees and Fee Waivers
8
Eighth Judicial District Court. Electronic Filing
9
Family Law Self-Help Center. Filing for Divorce Together
10
Social Security Administration. How Do I Change or Correct My Name on My Social Security Number Card?
11
U.S. Department of Labor. Qualified Domestic Relations Orders Under ERISA: A Practical Guide to Dividing Retirement Benefits
12
Nevada PERS. PERS Benefits and Qualified Domestic Relations Orders
13
Office of the Law Revision Counsel. 26 U.S. Code 1041 – Transfers of Property Between Spouses or Incident to Divorce