What is the Process for Getting a Divorce in Las Vegas?
It is one of the most stressful things a person can go through.
We know that. We’ve seen it. For over 30 years, our team at The Law Offices of Michael I. Gowdey has sat down with good people from Las Vegas, Henderson, and North Las Vegas, all of whom are facing this exact moment.
They’re scared. They’re angry. They’re confused. And they are worried about two things: their kids and their money.
You might feel like your whole life is spinning out of control.
Our job is to help you take back the wheel.
This page is here to help. We are a team of experienced lawyers. We are going to walk you through the entire Nevada divorce process, one step at a time. We’ll use plain English, not confusing lawyer-talk.
We want to give you the facts you need to make the best possible decisions for your new beginning.
You have questions. We have answers. Let’s start with the basics.
What Are the “Grounds for Divorce” in Nevada?
This is the first question everyone asks. “Do I have to prove my spouse cheated?” “Do I have to prove they were cruel?”
The answer in Nevada is no.
Nevada is a “no-fault” divorce state. This is a good thing. It makes the process much simpler and less painful.
You do not have to prove why you are getting divorced. You only need to meet one of these three simple “grounds”:
- Incompatibility: This is the most common one. It’s the legal term for “We just don’t get along anymore.”
- You have lived separate and apart for one year.
- Insanity (that existed for at least two years before you filed).
In over 99% of the cases our team handles, the reason for the divorce is “incompatibility.” You simply tell the court that you and your spouse can no longer live together, and the court will grant the divorce. You don’t have to air your dirty laundry. You don’t have to fight about why it ended.
You just have to move forward with the how.
Contested vs. Uncontested Divorce: What’s the Difference?
This is the next big step. Your divorce will go down one of two roads.
Think of it as the “easy way” and the “hard way.”
The "Easy Way": Uncontested Divorce (Joint Petition)
This is the best way to get a divorce.
An uncontested divorce, which we usually file as a “Joint Petition,” means you and your spouse agree on everything.
- You agree on how to split your property.
- You agree on how to divide the debts.
- You agree on child custody and the visiting schedule.
- You agree on child support and alimony (if any).
You are not fighting. You are just asking the court to sign off on the deal you already made.
Our team can help you draft a clear, strong “Decree of Divorce” that has all of these agreements in it. We file the joint paperwork with the court. In many cases, you never even have to see a judge. A judge will sign your decree in their office, and you will be divorced.
It is the fastest, cheapest, and least painful way to move on with your life.
The "Hard Way": Contested Divorce (Complaint)
This is what most people think of when they hear the word “divorce.”
A contested divorce means you and your spouse do not agree on one or more of the big issues.
- You can’t agree on who gets the house.
- You can’t agree on who gets the kids.
- You can’t agree on how much alimony should be.
- Maybe your spouse is hiding money.
- Maybe your spouse won’t even talk to you.
In this case, one person has to “sue” the other for divorce. You (the “Plaintiff”) file a Complaint for Divorce. Your spouse (the “Defendant”) is served with the papers and has 21 days to file a Response.
This is a lawsuit. And it’s a fight you should never try to handle on your own.
The other side will have a lawyer. And that lawyer’s only job is to get the best deal for their client, not for you.
When your case is contested, you need an experienced lawyer on your side. Our team has been fighting for clients in the Clark County courts for over 30 years. We know the judges. We know the other lawyers. We know how to protect you. We are not afraid to go to trial.
Our whole job is to protect your money, your kids, and your future.
What is the Step-by-Step Process for Filing for Divorce in Clark County?
It can be confusing. The forms, the deadlines, the court rules… it’s a maze.
Here is a simple, step-by-step look at how a typical divorce case moves through the Clark County court system.
Step 1: Meet the Residency Requirement
Before you can file anything, you must prove you are a Nevada resident. This is a huge deal in Las Vegas. You (or your spouse) must have lived in Nevada for at least six weeks before filing.
You can’t just say you lived here. You have to prove it. You will need a friend, a family member, or a co-worker to sign an “Affidavit of Resident Witness.” This is a sworn statement from someone who can say, “Yes, I have seen Michael Gowdey living in Las Vegas every week for the last six weeks.”
This is a strict rule. We make sure this is the first thing we lock down.
Step 2: File the First Papers
If you have an uncontested divorce, we file a Joint Petition. If you have a contested divorce, we file a Complaint for Divorce.
We file this with the Clark County Family Court. This is what officially starts your case.
Step 3: Serve Your Spouse
If you filed a contested “Complaint,” the court doesn’t just tell your spouse. You have to.
This is called “Service of Process.” You cannot just mail the papers or hand them to your spouse yourself.
You must have a neutral third party (like a professional process server or the Sheriff’s deputy) hand-deliver the “Summons” and “Complaint” to your spouse. This is their legal notice that they are being sued for divorce.
Step 4: The 21-Day Deadline (The Response)
Once your spouse is served, a clock starts ticking.
They have 21 days to file a formal “Answer” with the court.
- If they do file an Answer: The case is officially “contested.” We now move on to the next steps of fighting for your side.
- If they do not file an Answer: This is a big deal. If they ignore the lawsuit for 21 days, we can ask the judge for a “default.” A default means you win… by default. The judge can grant you everything you asked for in your Complaint (within reason).
Step 5: The Court Process (Discovery and Case Management)
This is where the real legal work happens. This is the “fight” in a contested divorce. It’s called “discovery.”
“Discovery” is the legal process of discovering all the facts.
- We will make your spouse answer a list of written questions (called “Interrogatories”).
- We will demand they turn over their bank statements, tax returns, and credit card bills.
- We will take their “Deposition,” which means we make them answer our questions, face-to-face, under oath, with a court reporter.
This is how we find hidden money. This is how we prove they are a bad parent. This is how we build your case.
Step 6: The Trial or The Settlement
Here’s a secret: More than 90% of all divorce cases settle before a trial.
Usually, after we’ve gathered all the evidence in “discovery,” the other side sees how strong our case is. They don’t want to go to trial.
We will then go to “mediation” or just negotiate a “Settlement Agreement.” This is a contract that lays out every detail.
If the other side is still unreasonable? That’s fine. We go to trial. Our award-winning team will stand up in front of the judge, present your case, and fight for you.
Step 7: The Final Decree of Divorce
This is the last piece of paper. Whether you settle or go to trial, the judge will sign a “Decree of Divorce.”
This is the document that makes you officially divorced. It is the final, legal, binding court order. It says who gets the house, who has the kids, and what the child support is.
This is the most important document of your case. Our lawyers make sure it is written perfectly to protect you for years to come.
Nevada is a Community Property State (What Does This Mean?)
This is the single most important financial part of your divorce.
Nevada is one of only nine “community property” states in the country. This one law will change your entire future.
Here is what it means in plain English:
“All property and all debt that you (or your spouse) got during the marriage belongs to both of you. 50/50.”
It is a simple, 50/50 split.
It doesn’t matter if your name is on the bank account. It doesn’t matter if the car is only in your spouse’s name. It doesn’t matter if you were a “stay-at-home” parent and your spouse earned all the money.
If it was earned or bought during the marriage, it is community property.
So, What is "Separate Property"?
You do get to keep your “separate property.” This is the stuff that is 100% yours. It includes:
- Anything you owned before the marriage. (That 401k you had before the wedding.)
- Any gift given just to you. (The jewelry your parents gave you for your birthday.)
- Any inheritance you received. (The money your grandmother left you in her will.)
The “Commingling” Trap: This is where it gets messy. What if you took that $50,000 inheritance (your separate property) and put it into your joint bank account? And then you used that account to pay the mortgage for 10 years?
You just “commingled” your money. You mixed it all together. And you may have just accidentally turned your separate $50,000 into community property.
A good lawyer knows how to “trace” that money and fight to get it back for you.
Who Gets the House, the Car, and the Credit Card Bills?
This is the hard part of the 50/50 rule.
The House: The house is usually the biggest asset. You have three choices:
- Sell the House: You sell the house, pay off the mortgage, and split the profit 50/50. This is the cleanest, easiest way.
- One Spouse Buys Out the Other: You want to stay in the house with the kids. Let’s say the house has $200,000 in equity (profit). You would have to “buy out” your spouse’s half by giving them $100,000 (usually by refinancing the mortgage).
- Co-Own the House: We almost never recommend this. It’s too messy.
The “Stuff” (Cars, Furniture, etc.): The court does not want to argue about your pots and pans. You and your spouse will be asked to make a list and divide it. If you can’t, the judge will just order it all sold and the cash split.
The Debt (The Part Everyone Forgets): This is a critical, little-known fact. Community property also means community DEBT.
That $20,000 credit card bill that your spouse racked up? That car loan? That casino marker?
If the debt was taken on during the marriage, it belongs to both of you. 50/50.
It doesn’t matter if your name isn’t on the credit card. This is a huge shock for many of our clients.
Our job is to find all the debt. We make a list of everything you own and everything you owe. We put it all in one big “pot.” And we fight to make sure that pot is divided fairly.
How is Alimony (Spousal Support) Calculated in Nevada?
This is another huge point of fear. “Will I have to pay alimony?” or “Will I get alimony?”
First, let’s be clear: Nevada does not have a simple “alimony calculator” like it does for child support. There is no formula.
This makes it very tricky. It all comes down to a judge’s decision.
The judge does not care about who cheated. Alimony is not a punishment.
The only thing the judge cares about is: “Does one spouse have a financial need? And does the other spouse have the ability to pay?”
The law (NRS 125.150) gives the judge a list of factors to look at:
- How long was the marriage? (A 20-year marriage is very different from a 2-year one.)
- The age and health of each spouse.
- The income and earning potential of each spouse.
- The education and career of each spouse.
- Did one spouse give up their career to stay home and raise the kids? (This is a big factor.)
- The standard of living you had during the marriage.
Our lawyers know these factors. We know how to make the best argument for you, whether you are the one paying or the one receiving support.
What Makes a Las Vegas High-Net-Worth Divorce Different?
A divorce is a divorce. But when there are millions of dollars on the line, the fight changes.
Our team has experience with high-net-worth and high-profile clients in Las Vegas. These cases are not just “divorces.” They are complex, financial investigations.
We don’t just “split the property.” We have to find it first.
This involves:
Finding Hidden Assets
We hire “forensic accountants” to follow the money. We look for secret bank accounts, offshore accounts, and big, “undisclosed” purchases.
Business Valuation
What is your spouse’s medical practice worth? What about their casino-host business? We hire experts to put a hard dollar value on it. That value is community property.
Dividing Complex Property
How do you split a pension? Stock options? Casino “points” and markers? This is complex.
Privacy
We know how to use “confidential” filings and private mediation to keep your name out of the public record.
This is a high-stakes financial battle. You need a lawyer who has been there before.
What Should I Know About a Military Divorce (Nellis AFB)?
Las Vegas is a proud military town. We have a deep respect for the service members at Nellis Air Force Base.
A military divorce has all the same Nevada rules (community property, etc.), but it has an extra layer of federal law on top.
This is very specific. A lawyer who doesn’t understand this can make a huge mistake.
Serving Papers
How do you “serve” a complaint on a spouse who is deployed? There are special rules (the SCRA, or Servicemembers Civil Relief Act) that protect them.
Dividing the Retirement
This is the big one. A military pension is a huge asset. A federal law called the USFSPA says how it can be divided. If your lawyer doesn’t file the right paperwork with the “DFAS” (Defense Finance and Accounting Service), you could get nothing.
Child Custody
What about a “parenting plan” when one parent can be deployed to the other side of the world? We build custom plans that handle this.
Our team knows both the Nevada laws and the federal military laws. We know how to protect our service members and our military spouses.
How Our Las Vegas Divorce Lawyers Can Help You
This is a lot of information. It’s overwhelming. You don’t have to do this alone.
Our firm is different. We don’t just “handle” your case. We fight for you.
With over 30 years of award-winning experience, our team knows the Las Vegas courts. We know the system.
But here is our biggest strength: We see the whole picture.
A divorce is never just a divorce. It often spills over into other parts of your life.
- What if there was domestic violence in your marriage? Our Criminal Law team knows how to get a Temporary Protective Order (TPO) to keep you and your kids safe today. This will be the most important factor in your child custody case.
- What if your spouse is lying, or is a danger to your kids? We bring our high-level criminal investigation skills to your family case. We know how to find the proof.
- What if your spouse is facing criminal charges? How does a DUI or a drug charge affect their right to see the kids? We know exactly how.
You are not just hiring a “divorce lawyer.” You are hiring an entire team of experienced trial lawyers. We are the protectors you need.
When you’re searching for the “best divorce lawyer near me” in Las Vegas, you’re not just looking for a law firm. You’re looking for a shield. You’re looking for a sword. You’re looking for an answer.
We are here to be all three.
Key Takeaways: What to Remember
- Nevada is “No-Fault.” You don’t have to prove cheating. You just have to say you are “incompatible.”
- Uncontested is Best. If you can agree on everything, a “Joint Petition” is the fastest, cheapest way.
- You Must Live Here. You need to be a resident for at least 6 weeks before you file.
- Nevada is a 50/50 State. All property and all debts from the marriage are “community property” and are split 50/50.
- Alimony Has No Formula. A judge decides based on need and ability to pay.
- 90% of Cases Settle. You will likely not go to trial. You will settle your case in mediation or negotiations.
- A Lawyer is a Protector. Your spouse will have a lawyer. You need one, too.
FAQS
10 Common Questions Our Las Vegas Divorce Team Hears
1. How much does a divorce cost in Las Vegas?
Answer: This is the #1 question. The truth is, it depends. An uncontested “Joint Petition” where you agree on everything is a flat, low fee. A contested case that goes to trial for a year can cost many, many thousands. The more you and your spouse can agree on, the less it will cost.
2. How long does a divorce take?
Answer: An uncontested divorce can be done in as little as 1-3 weeks. A simple contested divorce might take 4-6 months. A complex, high-net-worth case? It could take over a year.
3. Do I have to go to court?
Answer: For an uncontested “Joint Petition,” almost never! A judge will sign your papers, and you’re done. For a contested case, you will have to go to court for hearings, and maybe, a trial. But we will be with you every step of the way.
4. Can I get a legal separation instead?
Answer: Yes. Nevada does allow for “Separate Maintenance.” This is a court order that works just like a divorce—it divides property and sets up custody—but you are still legally married. People do this for religious reasons or to keep a spouse on their health insurance.
5. My spouse cheated. Do I get more of the money?
Answer: No. Nevada is a “no-fault” state. The judge does not care who cheated. It will not affect the 50/50 split of your money. It only matters if your spouse wasted community money on the affair (like buying them a car or a condo).
6. I was a stay-at-home mom. Will I be "punished" for not working?
Answer: Absolutely not. In fact, it’s the opposite. The law says that contributing to the home (raising kids, cleaning, supporting your spouse’s career) is just as valuable as earning a paycheck. You are entitled to your 50% of the community property and you will have a very strong case for alimony.
7. When can I start dating?
Answer: We get this question a lot. Our legal advice is: Wait. Wait until your divorce is final. Dating now can make your spouse angry. It can make them want to fight. It can make a simple case hard. Just be patient.
8. Can I change the locks on my house?
Answer: NO! If it is the “marital home” (where you lived together), it belongs to both of you, even if your name is the only one on the deed. If you lock your spouse out, a judge will be furious with you. Do not do it.
9. My spouse is hiding money. What can I do?
Answer: This is what we are good at. We will file a “Motion to Compel.” We will get a court order for their bank records. We will send a “subpoena” to their bank. We will hire a forensic accountant to find it. If we catch them hiding assets, the judge can punish them severely (like making them give you all of the asset they hid).
10. How do I find the best divorce lawyer near me in Las Vegas?
Answer: Look for two things: experience and focus.
- Experience: Have they been doing this for decades? Does their team have awards? Have they actually been to trial?
- Focus: Does this firm also understand the crossover? Do they have real Criminal Law experience to handle a domestic violence TPO? Do they know how a criminal charge will affect your custody case?
You’re not just looking for “a lawyer.” You’re looking for a fighter and a protector.
Your New Beginning Starts Here. Let’s Talk.
This is a hard time. But you will get through it.
You just need a guide. A team that knows the law, knows the courts, and knows how to fight for you.
Call our office. Sit down with our team for a consultation. It is 100% confidential. Let’s talk about your case and make a plan.