Nevada Marital Settlement (Divorce) Agreement Form [PDF]

The Nevada marital settlement agreement form is a legal document that married couples use if they want to initiate an uncontested divorce process. This document guides couples on how to address matters like child support, alimony, or a parenting plan.

Married couples who choose to draft the agreement do so mostly because they want to handle the divorce negotiations by themselves. To create the document, they need to obtain a marital settlement agreement template and customize it to their needs.

Divorce Forms

The divorce forms must be filed with the district court in the county where the spouses reside. The filing fee in Nevada varies depending on the county, but it is no less than $200. The waiting period for finalizing the divorce is at least one week.

Divorce Laws and Legal Requirements in Nevada

Divorce laws and legal requirements in Nevada are designed to give direction to both spouses during the divorce process and provide legal protection.

Divorce Laws and Legal Requirements

Alimony: Section 125.150(1)(a) and (9) of the Nevada Revised Statutes states that the court can order one spouse to pay alimony to the other in regular payments or one bigger payment. When determining the amount and duration of the support, the court will consider factors such as marriage length, financial circumstances, or the living standard established in marriage.
Child support: Sections 125.230(1) and 425.100 of the Nevada Revised Statutes state that the court will decide on arrangements concerning child support. They will take into account the paying spouse’s income and the child's needs.
Division of property: The marital property in Nevada is distributed in a way that the court considers fair, as stated in Section 125.150(1)(b). This means that the property is not always divided equally between spouses. Additionally, the division of property can be addressed in a divorce settlement agreement but agreed terms still need the judge’s approval.
Grounds for divorce: According to Section 125.010 of the Nevada Revised Statutes, divorce can be granted in cases where there is evidence that one spouse has been mentally incapacitated for at least two years, spouses live separately, and they’re incompatible.
Interim support: During a divorce process, the court may order temporary financial support to be paid to one spouse by the other spouse, as stated in Section 125.040 of the Nevada Revised Statutes.
Residency: According to Section 125.020(1)(e) of the Nevada Revised Statutes, the plaintiff must have lived in the state for at least six weeks before filing for divorce. If the reason they decided to file for divorce did not occur in the county where they live, then one of them must have lived in the state for six weeks.
Separation: Couples who wish to file for divorce on the grounds of separation have to live apart for at least one year, as stated in Section 125.010(2).

How to File For a Divorce in Nevada in 5 Steps

To file for divorce in Nevada, spouses should follow these five simple steps.

#1. Fill Out Divorce Forms

The first thing to do is for spouses to obtain and fill out the necessary divorce forms. The most important is a divorce complaint or petition for divorce. Spouses who reach an agreement on all divorce matters can pursue an uncontested divorce process.

This process is easier and faster than the contested divorce process, where the judge makes decisions on divorce matters, and additional hearings will be needed for both spouses to make statements and provide evidence to support them.

Here is a list of documents spouses will need for an uncontested divorce

Joint petition for divorce
Without children (Clark County / Washoe County / Other Counties)
With children (Clark County / Washoe County / Other Counties)
Family court/civil cover sheet (Clark County / Washoe County / Other Counties)
Request for submission and index of exhibits (Washoe County)
Affidavit of resident witness (Clark County / Washoe County / Other Counties)
Confidential information sheet for spouses with children (Clark County / Other Counties Except Washoe County)

#2. File Divorce Forms

Divorce forms must be filled out, signed, notarized, and filed with the district court clerk in the county where one spouse is a resident. Upon receiving the divorce forms, the clerk will ask the spouses to pay the filing fee. The amount varies in different counties, usually between $200 and $300.

However, if spouses are unable to pay the filing fee, they should ask the clerk how to file for a fee waiver. The judge will then review the request and accept it or deny it. If the request is denied, then spouses must find a way to pay the filing fee, or their case will be dismissed.

Filing fee waiver form (Clark County / Washoe County / Other Counties)

#3. Submit Decree of Divorce

When the court clerk files the divorce forms and assigns a case number, spouses must fill out and submit a decree of divorce. The spouses need to attach the petition for divorce to the decree, along with any additional documents needed by the court in their county.

Spouses should ask the court clerk which additional documents they should submit to the judge and how to do that because it is not the same in every county. Usually, the judge will need a marital settlement agreement if spouses make it a separate document.

Decree of divorce
- Without children (Clark County / Washoe County / Other Counties)
- With children (Clark County / Washoe County / Other Counties)

#4. Obtain Decree of Divorce

The judge will now review the divorce forms, especially the marital settlement agreement, to make sure that the negotiated terms are fair to both sides. A divorce decree must be signed by both spouses before the divorce can be granted.

If everything is in order, the judge will sign the decree and file it with the court clerk or give the decree to spouses to file it. The divorce is considered final on the date that the decree was filed with the court clerk, not the date when the judge signed it.

Additionally, one spouse will have to mail a copy of the decree to the other spouse, fill out the Certificate of Mailing (Clark County / Other Counties), and file it with the court.

#5. Change Name

With a decree of divorce, the name can be changed on an identity card, passport, driver’s license, or any other personal document. In Nevada, only a wife can change a name or restore her last name. This is done by requesting a change in the divorce petition.

Additionally, she should notify banks, employers, utility companies, and other relevant organizations about the name change. It is also important to inform friends, family, and coworkers about the change. Updating social media profiles is also important to consider nowadays. However, if she did not ask for a name change in the divorce petition, then she must do so in a separate case.