Nevada Divorce Records

According to recent data, Nevada has one of the highest divorce rates in the United States, with approximately 3.8 divorces per 1,000 residents, significantly above the national average of 2.4 per 1,000.

Nevada law allows for no-fault divorces, meaning that there is no requirement to prove misconduct or wrongdoing by either spouse. Divorces are typically granted when the court finds that the spouses are incompatible and there is no reasonable prospect for reconciliation between them, without any focus on why the marriage ended (these reasons may be considered when deciding custody). However, divorces may also be granted on the grounds of separation and insanity.

Divorce costs in Nevada vary by case and are usually determined by factors like attorney fees, mediation costs, court filing fees, whether or not minor children are involved, and the extent of disputes of issues like custody, support, and property division. Nevertheless, surveys indicate that the average cost of a divorce (per person) in the state is $10,258, above the national average of $9,969.

Are Divorce Records Public in Nevada?

Divorce records in Nevada are generally considered public records under Nevada Revised Statutes Chapter 239 (the state's public records law), meaning that these records are typically accessible to the general public for inspection and copying. However, Nevada law also provides for the confidentiality of certain information within these divorce records. Examples of confidential information that are exempt from public disclosure include social security numbers and personal financial details, mediation communications, and certain details involving minor children (like custody and settlement agreements). Divorce records that have been sealed by court order are also restricted from public access.

What Is Included in Nevada Divorce Records?

Nevada divorce records consist of various types of documents created and filed during the divorce process. These records are maintained by the county clerk in the county where the divorce was granted and are generally grouped into two categories:

• Divorce Decrees: This is the official court order that legally ends the marriage and finalizes the divorce process. These documents serve as official proof of the divorce and generally include details about the divorce, such as the names of the divorcing spouses, as well as the date and location of the divorce. A divorce decree also outlines the terms of the divorce and typically details decisions regarding child custody and support, spousal support (alimony), property division, and any other court-ordered arrangements.
• Divorce Court Records/Case Files: these are all other official documents related to a specific divorce case, such as the initial complaint for divorce, the answer (from the responding spouse), counterclaims, financial disclosure forms, agreements between the parties, transcripts of hearings, motions, and court orders (including the divorce decree).

How Do I Find Nevada Divorce Records?

Nevada divorce records are maintained at the district court in the county where the divorce was filed and finalized, and certified copies of these records may be accessed by contacting the relevant county clerk's office. Common reasons for requesting certified copies of Nevada divorce records include:

• For legal name changes
• For remarriage
• To enforce or modify custody, visitation, and support agreements
• For immigration and travelling purposes
• To settle estates
• To access certain claims and benefits
• For refinancing mortgages, dividing retirement benefits, closing joint accounts, and other financial transactions

Look Up Nevada Divorce Certificate

Nevada does not issue state-level divorce certificates, and all official divorce records in the state are maintained locally with the district court that handled the divorce. However, the state's Office of Vital Records may search for and verify divorces that occurred from June 1968 to September 2005 and May 2015 to present. These searches provide information that can be used to obtain the official divorce record, such as the exact date and location of the divorce, and may be requested by submitting a Request to Search for Marriage or Divorce Records form to:

There is a $10 fee per search. Contact the Nevada Office of Vital Records at (775) 684-4242 for more information.

Look Up Nevada Divorce Decree

Nevada divorce decrees are generated and maintained at the district court that granted the divorce and may be accessed by taking the following steps:

• Identifying the specific county where the divorce took place.
• Contact the county clerk's office.
• Submit a request for a copy of the divorce decree. You typically need to provide the full names of the parties (named on the record) and the date of the divorce. Most counties offer request forms, which may be submitted in person, via mail, or online.
• Paying the applicable fees. These fees vary by county, but typically cost around 50 cents per page and $5 for certified copies.

Look Up Nevada Divorce Court Records

While full divorce case files are not typically accessible to the public in Nevada, interested parties may obtain copies of specific divorce court records from the case file by submitting a written request to the county clerk in the county where the divorce was granted. You will typically need to provide details on the record, such as the names of the divorcing couple and an approximate date of the divorce, and also pay the stipulated fees. Some counties also offer online access to court records (note that availability may be limited). Contact the appropriate county clerk's office for more details, including fees, request requirements, and online availability.

Can You Seal Divorce Records in Nevada?

Nevada courts may allow divorce records to be sealed at the request of one of the parties involved in the case. This is usually done to protect the privacy or safety of these (or other) parties.

Individuals who wish to seal their divorce records in Nevada must file a motion with the court that handled the divorce proceedings. The motion should clearly state the reasons for the request and provide supporting documentation. The court will review the motion, weighing the need for confidentiality against the public's right to access the records, and may hold a hearing to this effect. If the court finds sufficient justification, it will issue an order to seal all or part of the records; this order will outline the extent of the restriction and who can access them.

Once a divorce record is sealed, it will no longer be publicly accessible and may only be viewed by authorized parties, such as the parties named on the record, their attorneys, certain government agencies, and individuals with a court order granting them access to the record.

How Long Does a Divorce Take in Nevada?

The timeline for a divorce in Nevada largely depends on whether the divorce is contested or uncontested. Uncontested divorces can typically be finalized within a few weeks to a couple of months after the initial filing, while contested divorces typically take considerably longer, ranging from several months to over a year or more, depending on the extent of the issues being disputed.

Note that even though Nevada law does not impose a mandatory waiting period before a divorce can be finalized, courts typically require proof that at least one of the spouses had resided in Nevada for at least six weeks before the divorce papers were filed.

Does Nevada Require Separation Before Divorce?

No, Nevada does not require a mandatory period of legal separation before a couple can file for divorce. Notwithstanding this, divorces may be granted on the grounds of separation if a couple has lived separate and apart for at least one year without cohabitation.

How Are Assets Split in a Nevada Divorce?

Nevada is a community property state, meaning that assets acquired by either spouse during the marriage (community property) are considered equally owned by both parties. Per Nevada law, courts are required to split community property equally between spouses in the event of a divorce, but may grant an unequal split if there is a compelling reason to do so. Some reasons for this include if one spouse has significantly fewer financial resources or earning potential, or if one spouse wasted or hid assets before the divorce.

It should be noted that assets owned before marriage, as well as inheritances and gifts received during the marriage, are considered separate property and typically remain with the original owner, unless they were mixed (commingled) with marital assets.

Who Gets Custody of a Child in Divorce in Nevada?

In Nevada, child custody decisions are generally based on the best interests of the child. Historically, courts often explicitly favored mothers in custody cases, particularly for younger children. However, this is no longer the case, with modern Nevada child custody statutes aiming for frequent associations and a continuing relationship with both parents. To this end, gender-based preferences are prohibited, and each parent is evaluated equally in custody determinations.

Nevada recognizes two primary forms of custody:

• Legal Custody: This refers to the right to make major decisions about a child's upbringing, including education, healthcare, and religious practices. Legal custody may either be awarded jointly, where both parents share equal decision-making responsibilities, or solely, where one parent has full authority over major decisions regarding the child.
• Physical Custody: This deals with the time the child spends in their parents' care. There are three different physical custody arrangements in Nevada:
• Joint Physical Custody: Here, the child spends at least 40% of the time (approximately 146 days per year) with each parent.
• Primary Physical Custody: Here, one parent has the child more than 60% of the time, making them the custodial parent.
• Sole Physical Custody: Here, the child resides exclusively with one parent, while the other may be granted visitation rights.

Under Nevada law, joint custody (both legal and physical) is presumed to be in the child's best interest, but actual parenting time varies based on individual circumstances. Nevertheless, recent surveys indicate that fathers are typically awarded equal parenting time (50%) with mothers, much higher than the national average of 35%.