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Nevada Marital Settlement (Divorce) Agreement

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Nevada Marital Settlement (Divorce) Agreement

Updated October 04, 2023

A Nevada marital settlement agreement is a contract that allows couples to enter into a legally binding agreement regarding the terms of their divorce. In the document, the couple will determine how their property, assets, debts, and child custody will be divided between them. If either spouse is to receive alimony or child support payments from the other party, the amount and payment schedule for these should be included as well. By entering into an agreement, couples ensure that they have some control over their divorce’s outcome and that the division of property and other interests will not be left for the court to decide.

Table of Contents

Divorce Laws

Statutes – Nevada Revised Statutes – Title 11, Chapter 125 (Dissolution of Marriage)

Alimony (§ 125.150(1)(a) and (9)) – The court may award “just and equitable” alimony to either spouse that will be paid in a single lump sum or in periodic payments by the other party. The following factors will be taken into consideration when allocating alimony:

  • The financial condition of each spouse
  • The nature and value of the respective property of each spouse
  • The contribution of each spouse to property owned by either party
  • The duration of the marriage
  • The income, earning capacity, age, and health of each spouse
  • The standard of living established during the marriage
  • The previous career of the spouse seeking alimony
  • The contribution of either spouse as homemaker
  • Property awarded to either spouse by the court in the divorce
  • The physical and mental condition of each spouse

Alimony Calculatorrightlawyers.com

Child Support (§ 125.230(1), § 425.100, and § 425.140) – Either spouse in a divorce case can be ordered to pay child support to the other party as the court deems appropriate (see Child Support Calculation Worksheet and Guidelines).

Child Support Calculatorrightlawyers.com, nvchildsupportguidelinescalculator.net

Division of Property (§ 125.150(1)(b)) – Nevada is a community property state, which means that in a divorce, all property a couple has acquired during their marriage will be divided as equally as possible between both spouses.

Grounds for Divorce (§ 125.010) – In accordance with state law, the accepted grounds for divorce are incompatibility, separation of one (1) year, and insanity. To file for divorce due to a spouse’s insanity, there must be proof of the insane spouse’s condition and its existence for a period of at least two (2) years.

Interim Support (§ 125.040) – Either spouse may be awarded temporary maintenance and/or temporary child support paid by the other party to cover their expenses and continue divorce proceedings.

Residency (§ 125.020(1)(e) and (2)) – At least one (1) spouse must have been a resident of Nevada for six (6) consecutive weeks prior to filing. The exception to the rule is if the cause of the divorce occurred in the county where the case is filed and the couple lived in the county at that time.

Separation (§ 125.010(2)) – To file for divorce on the grounds of separation, the couple must have lived separately for at least one (1) full year.

Divorce Forms

Uncontested Divorce with No Children:

Uncontested Divorce With Children:

Marital Settlement Agreement

Before beginning the legal process of divorce, a couple can draft a Marital Settlement Agreement to set out and agree to all of the terms of their divorce. This can be done with legal mediation to ensure that the arrangement is fair to both spouses. Once completed, the agreement can be used as a reference when drafting the couple’s divorce paperwork.

How to File for Divorce in Nevada (5 steps)

  1. Complete Divorce Paperwork
  2. File Divorce Paperwork with District Court
  3. Complete and Submit Decree of Divorce to Judge
  4. Finalization of Divorce
  5. Name Change

1. Complete Divorce Paperwork

In Nevada, couples are able to file joint petitions for an uncontested divorce if both spouses are in agreement regarding the terms of their separation.  This allows for a simplified court process with no required summons or hearing. To file for a joint petition for divorce, both parties must complete the following forms:

One (1) spouse who is a Nevada resident must fill out the below form to attest that the couple meets state residency requirements.

2. File Divorce Paperwork with District Court

A lawyer shows her client how to file for divorce

To begin legal proceedings, the completed paperwork must be filed with the clerk of the District Court for the county where one (1) spouse is a resident or the cause for the divorce took place. If the couple cannot afford court fees, they can request to have the costs waived by completing and filing the form linked below.

3. Complete and Submit Decree of Divorce to Judge

Once the couple’s divorce paperwork has been processed and certified by the clerk of the court, they will need to complete one (1) of the following forms:

The couple must attach a copy of the decree to a copy of their processed petition (with case number and filing date) and submit them to the judge of the district court by mail, email, e-filing, or in person. The process for submitting a divorce decree will vary depending on the county, so the petitioners should contact their court in advance to ascertain the local procedure. Additional documents and copies may be required.

4. Finalization of Divorce

A lawyer chats with judge after the final divorce hearing

Depending on the county, the judge will either file the Decree of Divorce with the court clerk or return it to the petitioners for them to file with the clerk. Once the decree has been filed with the clerk of the court, the divorce becomes final. In some cases, one (1) spouse may be required to mail a copy of the decree to the other party. If service is required, the serving party must complete and file a Certificate of Mailing (Clark County / All Other Counties) after the documents have been mailed.

5. Name Change

An iPad showing a name change form online at eforms.com

Under Nevada law, only the wife in a divorce case is permitted to legally restore their former name as a part of their divorce decree by including it in the original petition. Once a divorce has been finalized, certified copies of the decree can be used to update all personal accounts and identification.