Contested Divorce in Nevada: Process, Timeline, and What a Judge Decides

Direct answer: A contested divorce in Nevada is a divorce where spouses cannot reach full written agreement on at least one legal issue. Clark County Family Court then decides every unresolved matter after a discovery period and, if necessary, a trial. Most contested divorces in Clark County take 6 to 18 months. One unresolved issue — even a single debt — is enough to make a divorce contested.

Reviewed by Jennifer Setters, J.D. — Managing Attorney, Gastelum Attorneys, Las Vegas. Boyd School of Law, UNLV. Extensive contested divorce litigation experience in Clark County Family Court. | Last updated March 2026 | Statutes: NRS 125.010, NRS 125.020, NRS 123.220, NRS 125.150, NRS 125C.0035 | Law updates: SB 275 (2023), SB 432 (Oct 2025) | New Beginnings, Brighter Tomorrows.

If you are facing a contested divorce in Las Vegas or Clark County, this guide explains every stage of the process, what to expect in court, and how Nevada law governs each disputed issue. For immediate legal guidance, call (702) 979-1455.

What makes a divorce contested in Nevada?

A Nevada divorce is contested when spouses cannot agree on any single legal issue, regardless of how minor it seems. A dispute over one credit card balance makes a divorce contested just as much as a custody battle. Common contested issues in Clark County Family Court include: the classification of an asset as community or separate property under NRS 123.220; the amount, duration, or type of spousal support under NRS 125.150; the division of a business, real estate, or retirement account; legal and physical child custody under NRS 125C.0035; the parenting schedule; and the child support calculation under NAC 425.140. A case that starts as uncontested can become contested at any point if one spouse changes their position. See our guide to uncontested divorce in Nevada if spouses are fully in agreement.

What is the step-by-step process for a contested divorce in Nevada?

A contested divorce in Nevada follows a defined procedural sequence in Clark County Family Court. One spouse files a Complaint for Divorce and the other is formally served. The served spouse has 21 days to file an Answer and, if seeking relief, a Counterclaim. Both parties exchange mandatory financial disclosures covering income, assets, debts, and expenses. A discovery period follows — each side may request documents, serve interrogatories, and take depositions. Courts routinely order mediation before setting a trial date. If mediation does not resolve every issue, the case proceeds to an evidentiary hearing before a judge. The judge issues findings of fact, conclusions of law, and a final Decree of Divorce resolving all contested matters.

How long does a contested divorce take in Nevada?

Most contested divorces in Clark County take between 6 and 18 months from the filing date. Cases involving business valuation, significant real estate holdings, disputed custody requiring psychological evaluations, or allegations of hidden assets regularly exceed 18 months. Temporary orders covering custody, child support, and use of the family home can be obtained on an expedited timeline through an Order to Show Cause while the full case is pending. The six-week Nevada residency requirement under NRS 125.020 must be met before filing, but the contested timeline begins running from the date of filing. Uncontested divorces in the same Clark County court can be finalized in as little as 10 days — the difference illustrates why settlement negotiations matter.

What is discovery in a Nevada contested divorce case?

Discovery is the formal process by which each party compels the other to produce financial and factual information. In a contested Nevada divorce, common discovery tools include Requests for Production of Documents (bank records, tax returns, business financials, retirement account statements), Interrogatories (written questions answered under oath), Requests for Admissions, and Depositions (sworn testimony before a court reporter). Discovery in Las Vegas divorce cases often focuses on confirming or challenging the community vs. separate property character of assets, uncovering hidden income in self-employment cases, and establishing each spouse’s actual earning capacity for support calculations. Parties must respond truthfully and completely; failure to comply can result in court sanctions and adverse evidentiary rulings.

Does Nevada require mediation before trial in a contested divorce?

Clark County Family Court routinely orders parties to participate in mediation before a trial date is set for disputed custody and parenting time issues. Mediation is facilitated by a neutral professional — not a judge — who helps parties explore settlement options without the cost and risk of trial. Participation is required; agreement is not. If mediation produces a full or partial settlement, the agreed terms are submitted to the court and entered as the final decree. Most contested divorces in Nevada settle before trial — often after discovery makes each party’s financial picture clear, or after a partial settlement narrows the remaining disputes. The ability to negotiate matters far more in a contested divorce than people expect going in.

How does a Nevada court divide property in a contested divorce?

Nevada courts are required by NRS 123.220 to divide all community property equally — a 50/50 split by value — unless a specific exception applies. Courts achieve overall equality by value rather than physically splitting each asset. One spouse might receive the Las Vegas family home while the other receives equivalent retirement accounts and cash. Courts may deviate from equal division when one spouse has wasted, hidden, or fraudulently transferred community assets (dissipation), in which case the offending spouse may receive a reduced share. Separate property — pre-marital assets, gifts, and inheritances — is excluded from division entirely. See our full guide: Is Nevada a community property state?

How does a Nevada judge decide child custody in a contested divorce?

Nevada courts apply a best-interest standard under NRS 125C.0035 with a statutory presumption favoring joint physical custody. Judges evaluate 12 statutory factors including: each parent’s relationship with the child; each parent’s ability to meet the child’s physical, developmental, and emotional needs; the child’s adjustment to home, school, and community; each parent’s willingness to support the child’s relationship with the other parent; and any history of domestic violence. Under SB 275 (2023), a single act of domestic violence creates a rebuttable presumption against granting custody to the offending parent. Nevada courts do not favor either parent based on gender. See our detailed guide: How does child custody work in Nevada?

What is spousal support in a contested Nevada divorce?

Spousal support in Nevada is governed by NRS 125.150 and is entirely discretionary — Nevada uses no fixed formula. Clark County judges weigh the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, each spouse’s financial condition and needs, and any career disruptions caused by the marriage. Rehabilitative alimony helps a lower-earning spouse return to the workforce. Long-term alimony may be awarded in marriages of 20+ years. Our spousal support attorneys can advise on what Clark County judges typically award in situations similar to yours.

Facing a contested divorce in Clark County? The legal positions both parties establish in the first 30 days shape what is achievable later — especially on property division and custody. Call (702) 979-1455 or schedule a case evaluation with Gastelum Attorneys. Six attorneys, bilingual team, Clark County Family Court experience.

Can a contested divorce settle before trial in Nevada?

Yes — and the majority do. Parties can settle at any point, from early discovery through the day of trial. A written settlement agreement covering all remaining issues is submitted to the court and, once approved, entered as the final decree. Settling before trial is almost always preferable: it costs less, takes less time, is more predictable, and gives both spouses more control over the outcome than a judge’s ruling. The financial and factual clarity that develops during discovery — particularly regarding asset values, income verification, and the other party’s legal exposure — is what drives most contested Nevada divorces to settlement rather than verdict.

What does a contested divorce attorney do in Nevada that I cannot do myself?

Contested divorces involve procedural rules, evidentiary standards, financial analysis, and legal argument that are genuinely difficult to navigate without legal training. If the other party has a Las Vegas divorce attorney and you do not, you are at a structural disadvantage in discovery, motion practice, mediation, and at trial. Even in cases that settle, understanding your full legal entitlement under Nevada law before agreeing to anything is critical. The financial consequences of a Nevada divorce decree — in property, support, and custody — persist for years or decades.

Contested divorce in Las Vegas or Clark County? Gastelum Attorneys handles property disputes, custody battles, and spousal support litigation. Bilingual team, six attorneys, no free consultations. Call (702) 979-1455 or schedule a case evaluation.

Contested Divorce Attorney Las Vegas | Gastelum