Nevada Uncontested Divorce Petition + Decree Filing Packet (Joint Petition / Summary Proceeding)

NEVADA UNCONTESTED DIVORCE PETITION + DECREE FILING PACKET

NEVADA = FASTEST DIVORCE IN THE UNITED STATES

6-week residency (NRS § 125.020) — the shortest in the nation.
No statutory waiting period after filing for a Joint Petition / Summary Decree under NRS §§ 125.181–125.184.
Uncontested cases routinely finalize in 10 to 21 days from filing in Clark County (Las Vegas) and Washoe County (Reno).

PACKET CONTENTS

1. Path Selection: Joint Petition vs. Complaint
2. Residency & Eligibility Checklist
3. PATH A — Joint Petition for Summary Decree of Divorce (NRS § 125.181)
4. PATH B — Complaint for Divorce + Acceptance of Service (traditional)
5. Affidavit of Resident Witness (NRS § 125.123 / § 125.182(3))
6. Marital Settlement Agreement
7. Child Support / Custody Schedule (if children)
8. Financial Disclosure Form (EDCR 5.506 / Form 5.506)
9. Decree of Divorce
10. Filing & Finalization Procedure

1. PATH SELECTION

2. RESIDENCY & ELIGIBILITY CHECKLIST

☐ At least one party has been a Nevada resident for 6 weeks (42 days) immediately before filing (NRS § 125.020)

☐ Residency corroborated by Resident Witness (third-party affidavit per NRS § 125.123 / § 125.182(3))

☐ Grounds: Incompatibility OR lived separate and apart for 1 year without cohabitation OR insanity (NRS §§ 125.010, 125.181(2))

☐ For Joint Petition (Summary) — ALL SEVEN must be true (NRS § 125.181):

1. ☐ Jurisdictional requirements of NRS § 125.020 met
2. ☐ Separate and apart 1 year OR incompatible
3. ☐ No minor children OR custody/support agreement executed
4. ☐ No community/joint property OR written division agreement executed
5. ☐ Spousal support waived OR amount/terms agreed
6. ☐ Waiver of written notice of entry, appeal, findings, new trial
7. ☐ Both parties desire entry of decree

☐ Filing fee paid (Clark County ~$299 joint petition / ~$326 complaint; varies by county) or Application to Proceed In Forma Pauperis filed

3. PATH A — JOINT PETITION FOR SUMMARY DECREE OF DIVORCE

[______________] JUDICIAL DISTRICT COURT, [______________] COUNTY, NEVADA

Case No.: [____________________]
Department No.: [____________________]

JOINT PETITION FOR SUMMARY DECREE OF DIVORCE
(NRS §§ 125.181–125.184)

Petitioner [____________________] and Co-Petitioner [____________________], by joint petition under oath, allege:

I. JURISDICTION AND RESIDENCY (NRS § 125.020; § 125.181(1))

1. Petitioner has been an actual, bona fide resident and physically present in the State of Nevada for more than six (6) weeks immediately preceding the filing of this Joint Petition, and intends to remain in Nevada.

2. Petitioner's Nevada residency is corroborated by the Affidavit of Resident Witness filed contemporaneously herewith. NRS § 125.182(3).

II. THE PARTIES

3. Petitioner: Name: [______________________________]; DOB: [__/__/____]; Mailing address: [______________________________].

4. Co-Petitioner: Name: [______________________________]; DOB: [__/__/____]; Mailing address: [______________________________].

III. MARRIAGE (NRS § 125.182(2)(a))

5. The parties were married on [__/__/____] in [______________], [State/Country]. The marriage is registered as Certificate No. [____________].

IV. GROUNDS (NRS § 125.181(2); § 125.182(1)(b))

6. ☐ The parties are incompatible in marriage, and the incompatibility has destroyed the legitimate purposes of the marriage, with no possibility of reconciliation. NRS § 125.010(1).

☐ The parties have lived separate and apart for one (1) year or more without cohabitation. NRS § 125.010(2).

V. CHILDREN (NRS § 125.181(3); § 125.182(2)(c))

7. ☐ There are no minor children born to or adopted by the parties, and the Co-Petitioner (wife, if applicable) is not pregnant to her knowledge.

☐ There are minor children, and the parties have executed a Parenting Plan / Child Custody and Support Agreement, attached as Exhibit A and incorporated herein. Names, DOBs:

VI. COMMUNITY PROPERTY AND DEBT (NRS § 125.181(4))

8. ☐ There is no community or joint property and no community debt.

☐ The parties have executed a Marital Settlement Agreement dividing all community property and assuming community debts, attached as Exhibit B and incorporated herein. All required deeds, certificates of title, and bills of sale have been executed.

VII. SPOUSAL SUPPORT (NRS § 125.181(5))

9. ☐ Both parties expressly WAIVE any and all rights to spousal support / alimony, now and forever.

☐ The parties have executed an agreement setting forth spousal support, attached and incorporated herein.

VIII. WAIVERS (NRS § 125.181(6); § 125.184)

10. Each party expressly waives:
    a. Written notice of entry of the Decree;
    b. The right to appeal;
    c. The right to request findings of fact and conclusions of law;
    d. The right to move for a new trial.

IX. NAME RESTORATION (NRS § 125.130(4); § 125.182(2)(d))

11. ☐ Co-Petitioner elects to have prior name restored: [____________________]. The Court is asked to order restoration of this name in the Decree.

X. CONDITIONS MET (NRS § 125.181); REQUEST FOR DECREE (NRS § 125.181(7))

12. Every condition set forth in NRS § 125.181 has been met as of the filing date. The parties expressly desire that the Court enter a Decree of Divorce.

XI. PRAYER

WHEREFORE, the parties jointly pray:

a. That the bonds of matrimony be dissolved;
b. That the Marital Settlement Agreement and Parenting Plan (if any) be approved and incorporated;
c. That Co-Petitioner's former name be restored (if requested);
d. For such other relief as is just and proper.

VERIFICATION (Both Parties — NRS § 125.182(1))

State of Nevada, County of [______________], ss.

Each undersigned, under penalty of perjury, declares: I have read this Joint Petition, the contents are true to my own knowledge, and as to those matters stated on information and belief I believe them to be true.

Dated: [__/__/____] [____________________________________________]
PETITIONER

Dated: [__/__/____] [____________________________________________]
CO-PETITIONER

Subscribed and sworn before me this [____] day of [______________], [______].

[____________________________________________]
Notary Public, State of Nevada
My commission expires: [__/__/____]

4. PATH B — COMPLAINT FOR DIVORCE + ACCEPTANCE OF SERVICE

[______________] JUDICIAL DISTRICT COURT, [______________] COUNTY, NEVADA

Case No.: [____________________]
Dept. No.: [____________________]

COMPLAINT FOR DIVORCE

Plaintiff, by and through [pro se / counsel], alleges:

1. Residency: Plaintiff has been an actual, bona fide resident of Nevada for more than 6 weeks preceding this filing and intends to remain. NRS § 125.020.

2. Marriage: The parties married on [__/__/____] at [______________].

3. Grounds: ☐ Incompatibility, NRS § 125.010(1); ☐ Separate and apart 1 year, NRS § 125.010(2).

4. Children: [Same as Joint Petition § V above.]

5. Property: Subject to division per attached Marital Settlement Agreement or Court order. NRS § 125.150.

6. Spousal support: [Waived / Requested].

7. Name restoration: [As applicable.]

WHEREFORE, Plaintiff prays for a Decree of Divorce and related relief.

Dated: [__/__/____] [____________________________________________]

ACCEPTANCE OF SERVICE / VOLUNTARY APPEARANCE

I, [DEFENDANT NAME], acknowledge receipt of the Summons and Complaint for Divorce. I voluntarily appear in this matter, waive formal service of process and the 21-day answer period, and consent to entry of Decree consistent with the Marital Settlement Agreement filed herein.

Dated: [__/__/____] [____________________________________________]
(Notarized)

5. AFFIDAVIT OF RESIDENT WITNESS (NRS §§ 125.123, 125.182(3))

State of Nevada, County of [______________], ss.

I, [WITNESS NAME], being first duly sworn, depose and state:

1. I am over 18 and competent to testify. I am NOT a party to this action.

2. I have personally known [PETITIONER/PLAINTIFF NAME] since [__/__/____].

3. I have personally seen [PETITIONER/PLAINTIFF NAME] physically present in the State of Nevada at least [____] times per week since [__/__/____], a period of more than six (6) weeks.

4. To my knowledge, [PETITIONER/PLAINTIFF NAME] resides at [_____________________________________________] and intends to remain in Nevada.

[____________________________________________]
[WITNESS SIGNATURE]
[WITNESS PRINTED NAME]
[WITNESS ADDRESS]

Subscribed and sworn before me this [____] day of [______________], [______].

[____________________________________________]
Notary Public, State of Nevada

6. MARITAL SETTLEMENT AGREEMENT (MSA)

This MSA is entered into between [PARTY 1] and [PARTY 2] for incorporation into the Decree under NRS §§ 125.150, 125.181(4)–(5), 123.220.

A. COMMUNITY PROPERTY DIVISION

To Party 1:
[____________________________________________________________]

To Party 2:
[____________________________________________________________]

B. COMMUNITY DEBT ALLOCATION

Each party shall indemnify and hold the other harmless from debts allocated.

C. REAL PROPERTY

☐ Marital residence at [_________________________________________] awarded to [________]. Conveying deed to be executed within [____] days of decree.

D. RETIREMENT & QDRO

☐ N/A ☐ QDRO required for [_______________ account]; [________] shall prepare within [____] days.

E. SPOUSAL SUPPORT

☐ Mutually WAIVED forever under NRS § 125.181(5).
☐ Payable: $[________]/month for [____] months by [________] to [________].

F. TAX FILING

For tax year [______], parties shall file: ☐ Jointly ☐ Married filing separately ☐ Single (decree before 12/31).

G. EXECUTION

Each party acknowledges full disclosure, voluntary execution, and opportunity to consult independent counsel.

Dated: [__/__/____] [____________________________________________] PARTY 1
Dated: [__/__/____] [____________________________________________] PARTY 2

(Notarized.)

7. CHILD CUSTODY & SUPPORT (if children) — NRS Ch. 125C / 125B

Custody (NRS § 125C.0035)

• ☐ Joint legal custody ☐ Sole legal custody to [________]
• ☐ Joint physical custody ☐ Primary physical custody to [________]
• Parenting time schedule: [____________________________________________________]
• Holiday schedule: [____________________________________________________]
• Habitual residence of children under UCCJEA: Nevada (or [________]). NRS § 125A.305.

Child Support (NRS 125B.080; NRS 425.620; NAC Chapter 425)

• Obligor's gross monthly income: $[__________]
• Number of children: [____]
• Guideline support per NAC 425.140 schedule: $[__________]/month
• Health insurance: [________] shall maintain; cost: $[________]/month
• Uncovered medical: [____]% / [____]% split
• Childcare costs: [____]% / [____]% split
• Tax dependency exemption: [____________________________________________________]

Required Statutory Notices

☐ NRS § 125C.0045(8) parental abduction notice
☐ NRS § 125B.145 (review every 3 years)
☐ NRS § 31A income withholding
☐ NRS § 125C.006 / .0065 relocation requires court permission or other parent's written consent

8. FINANCIAL DISCLOSURE FORM (EDCR 5.506 / NRCP 16.205)

Both parties certify under penalty of perjury that disclosures are complete and accurate.

9. DECREE OF DIVORCE

[______________] JUDICIAL DISTRICT COURT, [______________] COUNTY, NEVADA

Case No.: [____________________]
Dept. No.: [____________________]

DECREE OF DIVORCE

This matter came on for summary adjudication on the Joint Petition for Summary Decree of Divorce filed [__/__/____]. The Court, having reviewed the Joint Petition, Affidavit of Resident Witness, Marital Settlement Agreement, and supporting documents, FINDS:

1. The Court has jurisdiction under NRS §§ 125.020, 125.181.
2. Petitioner has been a resident of Nevada for more than six (6) weeks preceding filing, corroborated by Resident Witness.
3. ☐ The parties are incompatible. ☐ The parties have lived separate and apart for one year.
4. Every condition of NRS § 125.181 is met.
5. The Marital Settlement Agreement is fair and equitable and is approved.
6. The Parenting Plan / child support provisions (if any) are in the best interests of the children. NRS § 125C.0035.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

A. The marriage between [PETITIONER] and [CO-PETITIONER] is DISSOLVED, and the parties are restored to the status of unmarried persons. NRS § 125.130.

B. The Marital Settlement Agreement filed [__/__/____] is APPROVED and INCORPORATED herein by reference and made enforceable as an order of this Court.

C. ☐ Custody, parenting time, and child support are ORDERED as set forth in the Parenting Plan (Exhibit A).

D. ☐ Spousal support is WAIVED forever / ordered as agreed.

E. ☐ Co-Petitioner's former name [____________________] is RESTORED. NRS § 125.130(4).

F. Pursuant to NRS § 125.184, this Decree is FINAL upon entry; the parties have waived written notice of entry, appeal, findings of fact and conclusions of law, and motion for new trial.

G. Either party may marry another person at any time after entry of this Decree.

Dated this [____] day of [______________], [______].

[____________________________________________]
DISTRICT JUDGE

10. FILING AND FINALIZATION PROCEDURE

Sources and References

• Nevada Revised Statutes Chapter 125: https://www.leg.state.nv.us/nrs/nrs-125.html
• NRS §§ 125.181–125.184 (Summary Proceeding): https://www.leg.state.nv.us/nrs/nrs-125.html#NRS125Sec181
• Eighth Judicial District Court (Clark County) Family Court: https://www.clarkcountycourts.us/departments/family/
• Second Judicial District Court (Washoe County) Family: https://www.washoecourts.com
• Nevada Self-Help Center: https://selfhelp.nvcourts.gov

DISCLAIMER: This packet is provided for informational purposes only and is not a substitute for advice from a licensed Nevada attorney. Nevada's 6-week residency is the shortest in the United States, making it a popular jurisdiction for uncontested divorce; however, all NRS § 125.181 conditions must be strictly satisfied for a Joint Petition Summary Decree. Misrepresentation of residency or assets may result in vacatur under NRS § 125.184(2) or NRCP 60(b).