Nevada Divorce Records
Nevada law allows for both contested and uncontested divorces. In the state, couples who agree on all divorce terms (uncontested divorce) can file a joint petition. However, disagreements on the terms of divorce lead to a contested divorce, which is often longer and more tedious. To initiate a divorce, at least one spouse must reside in Nevada for six weeks with the intent of staying after its conclusion. Alternatively, if the grounds for divorce occurred within the county, immediate filing is permitted without the six-week residency requirement. Interestingly, the state only recognizes no-fault grounds for divorce, which means that any couple who wants to get divorced there does not need to prove spousal misconduct.
Nevada maintains public access to most divorce records. Individuals can obtain these records in person, by mail, or online. The state's divorce rate significantly exceeds the national average, with 4.2 divorces per 1,000 people compared to the national rate of 2.4.
What are Divorce Records?
Official records of divorces are kept by the state of Nevada. These documents, which include details about property distribution, spousal support agreements, and child custody arrangements, function as official divorce-proof.
Summonses, motions, orders, notices, citations, waivers, dockets, affidavits, and final judgments are documents that may make up divorce records. Unless otherwise sealed by statute or court rule, Nevada divorce records are accessible to the public under the rules of the Nevada Public Records Act.
Typically, divorce records that are sealed and restricted to the public are the ones that deal with adjudication by parents and juveniles. In such cases, these records are only accessible to those who are authorized. These are often the parties concerned, their attorneys, and the state or courts in charge of handling the divorce disputes. To have access to such confidential records, third parties must petition the court to have them unsealed.
Divorce records are created and maintained by the state's judicial system. Individuals have to get in touch with the District Court Clerk's Office where the divorce was settled to access these records. The information in these divorce records typically includes:
- The court in which the case was filed
- The date on which the marriage occurred
- The address of the parties involved in the divorce
- The date when the divorce was finalized
- The full names of the parties involved in the divorce
- Grounds for the divorce
- The court-assigned number for tracking and reference
- Details about the settlement, such as alimony, property division, child custody, and child support arrangements
For individuals and the government alike, divorce records are crucial. The state uses these records to track trends in marriage, while individuals rely on them for private and legal matters like property division, child custody, and spousal support disputes.
Are Divorce Records Public in Nevada?
Nevada maintains public access to most divorce records. However, certain cases involving juveniles or parental adjudication remain confidential. Access to these sealed records requires court authorization.
To have access to such records, third parties, that is, individuals who are not connected to the divorce must petition the court to have them unsealed. Typically, only individuals with pertinent court orders in Nevada can view and make copies of sealed divorce records.
Individuals can get divorce records through in-person visits to the county courthouse, mail-in requests, or online searches. While the state offers online access to some court records, the availability and comprehensiveness of these records may vary.
To get divorce records in person, you must first find the address and phone number of the Nevada District Court that interests you using the Nevada Judiciary directory. You can then call the Clerk's Office at the courthouse to find out whether the divorce record of interest is available. You may also ask about the details required to locate and retrieve records, search and copy costs, and the best time to visit the courtroom to collect these documents.
Public access terminals are also accessible in certain courthouses for the public to see court records. However, a requester often needs to fill out a form, attach a picture ID from the government, and pay the necessary search and copy fees to acquire copies of court documents.
To get access to records via mail, send in written requests with the necessary documents and case numbers, along with the names of the parties engaged in the cases. A copy of the requester's official government-issued photo ID, a stamped, self-addressed envelope, and any applicable search fees should also be included with every postal request.
Divorce Stats and Rates in Nevada
Nevada's divorce rate is one of the highest divorce rates in the US in recent years. The state recorded a high of 4.5 divorces per 1,000 residents in 2017, ranking among the highest nationally. While rates declined in subsequent years, reaching a low of 4.2 in 2022, the overall trend indicates volatility.
2023 brought a slight decline in Nevada's divorce rate. This shift suggests a potential stabilization in marital relationships within the state. A 2010 report identified Las Vegas as one of Nevada’s hotspots for divorce.
Grounds for Divorce in Nevada
According to NV Rev. Stat. Section 125.010, Nevada operates on a no-fault divorce system. Divorce can be filed for by couples on the grounds of incompatibility without pointing fingers. As an alternative, a couple may file for divorce if they have been apart (separated) for at least a year or if one of the partners has been insane for two years. The state does not accept grounds for divorce based on blame.
To get a divorce based on incompatibility, the divorcing couple must file a declaration stating that they are incompatible and that they do not believe they will be able to reconcile.
How to File for Divorce in Nevada
The divorce process begins in the county where either spouse resides or where the grounds for divorce occurred. Couples can file jointly for an uncontested divorce or individually for a contested divorce. In a contested divorce, Nevada courts typically divide marital property equally between spouses. This property encompasses assets acquired during the marriage. However, in specific cases, the court may deviate from equal division if compelling reasons exist.
Property owned by a spouse before marriage, acquired through inheritance or gift, or received as compensation for personal injuries remains the separate property of that spouse. The court generally does not divide separate property.
The court sets a trial date for unresolved matters, while agreed-upon issues can be settled without a hearing. Nevada imposes a six-week residency requirement before filing for divorce. The filing takes place in the District Court of the county where either spouse resides. Court filing fees apply, with amounts varying by county. Individuals unable to pay the fees can request a waiver. Nevada allows for electronic filing of divorce papers.
Nevada Divorce Decree
Nevada's District Courts issue divorce decrees when finalizing divorce proceedings. These decrees outline the terms of the divorce settlement, including property division, child custody, and spousal support. The presiding judge reviews the case and issues the final decree.
Divorce records are maintained by District Court Offices. While many records are public, access methods may vary by county. Some counties offer online access, while others require in-person visits.
How to Find and Access Nevada Divorce Records
The public can obtain the majority of Nevada's divorce records upon request. Certain cases, however, are considered confidential, and access to their data is limited. Individuals must contact the County Clerk's Office where the divorce occurred for comprehensive divorce records or records from outside the 8th Judicial District.
Offline Access
This typically involves an in-person visit or a mail-in request. The specific procedures and requirements may vary by county. To initiate a request, individuals generally need to provide the names of the parties involved, the case number, and the approximate date of the divorce. Fees may apply for obtaining certified copies or conducting extensive searches.
Online Access
Nevada offers limited online access to court records through the 8th Judicial District Court's Case Records inquiry page. This platform allows users to search for cases, including divorce cases, by providing the names of the parties involved or the case number. However, the availability of records online is limited to the 8th Judicial District, and the information provided may not be comprehensive. The state's Appellate Court Case Lookup tool also provides access to records of appealed family law cases.
While some third-party websites offer access to public records, including divorce records, the accuracy and comprehensiveness of these sources cannot be guaranteed.
References
- https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-divorce-rates-90-95-00-22.pdf
- https://www.leg.state.nv.us/nrs/nrs-125.html
- https://nevadacourtrecords.us/family-court-records/