Why Las Vegas Families Trust Gastelum Attorneys

Since 2018, our team of 8 family law attorneys has handled over 5,000 divorce and custody cases in the Eighth Judicial District Court — Family Division. Our firm was founded by Jennifer Setters, Esq., a first-generation Mexican-American attorney who earned her Criminal Justice degree from UNLV and her J.D. from the William S. Boyd School of Law at UNLV. She has practiced family law in Clark County for over a decade.

We are one of the few Las Vegas family law firms that provides fully bilingual legal services in English and Spanish — from intake through trial. For the Clark County community where nearly 1 in 3 residents speaks Spanish at home, this is not an add-on; it is how we built our practice.

Our attorneys include Yadira Santana (Supervising Attorney), Natricia Tricano (Senior Associate), Maria Milano (Senior Associate), Lisa Woodson, and Jillian Hardwick — each focused exclusively on Nevada family law. We do not handle personal injury, criminal defense, or other practice areas. Family law is all we do.

What Does a Divorce Lawyer in Las Vegas Actually Do?

A divorce lawyer represents you in the legal process of dissolving your marriage under Nevada law. In Clark County, that means filing and managing your case in the Eighth Judicial District Court — Family Division, located at the Regional Justice Center (200 Lewis Avenue, Las Vegas, NV 89155). Your divorce attorney handles paperwork, court appearances, negotiations, and — when necessary — trial.

Specifically, a Las Vegas divorce attorney will:

• Advise you on Nevada’s community property laws (NRS Chapter 125) and how they apply to your assets and debts
• Draft and file your Complaint for Divorce or Joint Petition
• Negotiate custody schedules, child support, spousal support, and property division
• Represent you at temporary order hearings if immediate arrangements are needed for housing, finances, or children
• Prepare financial disclosures (FDF — Financial Disclosure Form) and manage discovery
• Advocate at mediation, settlement conferences, and trial
• Ensure your Final Decree of Divorce is enforceable and complete

At Gastelum Attorneys, we also help with post-decree matters: title transfers, QDRO preparation for retirement accounts, name changes, and modification of existing orders when circumstances change. Learn more in our life after divorce guide.

How Much Does a Divorce Cost in Las Vegas?

The total cost depends primarily on whether your divorce is uncontested (you and your spouse agree on all terms) or contested (disputes remain that require court intervention). Here are the typical cost ranges in Clark County as of 2025–2026:

Uncontested Divorce (Joint Petition)

• Court filing fee: Approximately $300 in Clark County (verify at clarkcountycourts.us)
• Attorney fees: $500–$3,000 depending on complexity, children, and property
• Total estimated range: $800–$3,300
• Timeline: As fast as 1–4 weeks once filed (Nevada has no mandatory waiting period)

Contested Divorce

• Court filing fee: Same ~$300 initial filing
• Attorney fees: $5,000–$20,000+, depending on the issues in dispute
• Mediation costs (if used): $200–$400/hour per session
• Total estimated range: $5,000–$25,000+
• Timeline: 6–18 months; complex cases may take longer

What Drives Divorce Attorney Fees Up

Divorce attorney hourly rates in Nevada typically range from $200–$500/hour. The biggest cost factors are disagreements over child custody, property division of complex assets (businesses, real estate, retirement accounts), and spousal support disputes. Every contested hearing, deposition, or expert evaluation adds to the bill.

→ Estimate your costs: Use our Divorce Cost Estimator for a personalized breakdown based on your situation.

How Long Does a Divorce Take in Las Vegas, Nevada?

Nevada is one of the fastest states in the country for divorce because there is no mandatory waiting period. Once the judge signs the decree and the clerk files it, the divorce is final. Here is what determines your timeline:

Uncontested Divorce Timeline

Joint Petition (both spouses file together): Can be finalized in as little as 1–4 weeks. No court hearing is required in many cases — the judge reviews the paperwork and signs the decree. This is the fastest path.

Complaint with agreement (one spouse files, the other agrees): Typically 30–90 days including the 20-day response period after service.

Contested Divorce Timeline

Moderate complexity: 6–12 months, including temporary orders, discovery, mediation, and settlement negotiations.

High complexity (business valuations, custody disputes, trial): 12–18+ months.

Factors That Affect Timeline

• Service of process: If your spouse is difficult to locate, service by publication adds time
• Discovery disputes: Incomplete financial disclosures or subpoena battles cause delays
• Court calendar: The Family Division handles a high volume of cases; hearing dates may be weeks out
• Custody evaluations: If the court orders a custody evaluation, expect 60–120 days for the evaluator’s report

How Do I File for Divorce in Las Vegas?

Nevada requires only that one spouse has lived in the state for at least six weeks before filing (NRS 125.020). You do not need to have been married in Nevada. An experienced Nevada divorce attorney can guide you through each step. Here is the process:

Step 1 — Confirm Residency and Venue

At least one spouse must have resided in Nevada for six continuous weeks. You will need a Resident Witness Affidavit — a signed statement from someone who can verify your Nevada residency (a neighbor, coworker, or friend). Filing is done in the county where you live, your spouse lives, or where you last lived together. For Las Vegas residents, that is Clark County — Eighth Judicial District Court.

Step 2 — Choose Your Filing Path

• Joint Petition (Uncontested): Both spouses sign together. Fastest option. No service of process needed. Often no court hearing required.
• Complaint for Divorce (Contested or one-sided): One spouse files and formally serves the other. The respondent has 20 days (21 if served by mail) to answer.

Step 3 — Prepare and File Documents

Required documents vary by case type but generally include: Complaint or Joint Petition, Family Court Cover Sheet, Resident Witness Affidavit, proposed parenting plan (if children are involved), and Financial Disclosure Forms. Most filings in Clark County are submitted electronically.

Step 4 — Attend Required Programs

If you have minor children, both parents must complete the COPE (Children of Parents Experiencing Separation/Divorce) parenting class. This is a Clark County requirement.

Step 5 — Negotiate, Mediate, or Litigate

If issues remain unresolved, the court may order mediation. Many cases settle before trial. If settlement fails, the judge decides based on evidence presented at a hearing or trial.

Step 6 — Final Decree of Divorce

The judge signs the Decree of Divorce, and the clerk files it. Your marriage is dissolved. Implement title transfers, update beneficiaries, close joint accounts, and file any Qualified Domestic Relations Orders (QDROs) for retirement accounts.

Not sure where to start? Take our Divorce Readiness Assessment to evaluate your situation, or schedule a paid case evaluation with one of our attorneys.

What Is the Difference Between Contested and Uncontested Divorce in Nevada?

The distinction comes down to agreement. If you and your spouse agree on every issue — property, debts, custody, support — you have an uncontested divorce. If you disagree on even one issue, the divorce is contested.

Uncontested Divorce (Joint Petition)

Both spouses file together, sign under oath that they are incompatible, and present a written agreement covering all terms. The court reviews the paperwork and, if everything complies with Nevada law, issues a decree — often without a hearing. This is the most affordable and fastest option. Learn more about our approach to uncontested divorce in Nevada.

Contested Divorce

One spouse files a Complaint for Divorce and serves the other. The case then proceeds through phases: temporary orders (if needed for immediate custody, support, or property protection), discovery (financial disclosures, document exchange), mediation or settlement negotiations, and — if no agreement is reached — trial. “Contested” does not mean hostile; many contested cases settle once both sides have full information. See our page on contested divorce in Las Vegas for more detail.

Side-by-Side Comparison

How Is Property Divided in a Las Vegas Divorce?

Nevada is a community property state (NRS 123.220). This means all assets and debts acquired during the marriage belong equally to both spouses, regardless of whose name is on the title or account. Upon divorce, community property is divided equally unless the court finds a “compelling reason” to divide it otherwise.

Community Property vs. Separate Property

• Community property: Income earned during marriage, real estate purchased during marriage, retirement contributions made during marriage, vehicles acquired during marriage, and debts incurred during marriage
• Separate property: Assets owned before marriage, gifts received by one spouse, inheritances, and anything excluded by a valid prenuptial agreement

Common Property Division Issues in Clark County

The family home is usually the biggest asset. Options include selling and splitting proceeds, one spouse buying out the other’s interest, or deferred sale (often until children finish school). Retirement accounts (401(k), PERS, military pensions) are community property to the extent contributions were made during the marriage. Dividing these requires a QDRO. Business interests must be valued, often requiring a forensic accountant. Commingled assets — where separate and community property have been mixed — require tracing.

→ Learn more on our Asset and Property Division page.

How Is Child Custody Decided in a Las Vegas Divorce?

Nevada law distinguishes between legal custody (decision-making authority over education, healthcare, and religion) and physical custody (where the child lives day-to-day). Courts prefer joint custody arrangements when they serve the child’s best interests (NRS 125C.001).

Best Interest of the Child Factors

The court evaluates factors including: each parent’s relationship with the child, the child’s wishes (if of sufficient age and maturity), each parent’s physical and mental health, the child’s adjustment to home and school, history of domestic violence or substance abuse, and each parent’s willingness to foster a relationship with the other parent (NRS 125C.0035).

Common Custody Schedules in Clark County

• 4-3 alternating: Child spends 4 days with one parent and 3 with the other, alternating weekly
• 5-2-2-5: Consistent weekday schedule with alternating weekends
• Week on/week off: Common for older children
• Primary with visitation: One parent has 60%+ time; the other has every-other-weekend plus midweek

→ Plan your schedule: Use our Custody Calendar Calculator
→ Full guide: Child Custody Lawyer in Las Vegas

How Is Child Support Calculated in Nevada?

Nevada uses a percentage-of-income model (NRS 125B.070). The non-custodial parent pays a percentage of gross monthly income based on the number of children:

• 1 child: 18% of gross income
• 2 children: 25%
• 3 children: 29%
• 4 children: 31%
• 5+ children: Additional 2% per child

In joint physical custody arrangements (where each parent has the child 40%+ of the time), the court uses an offset formula — calculating each parent’s obligation and subtracting the lower from the higher. Adjustments may apply for health insurance premiums, childcare costs, and special needs.

→ Run your numbers: Nevada Child Support Calculator
→ Full guide: Child Support Lawyer in Las Vegas

Will I Have to Pay Alimony (Spousal Support) in Nevada?

Nevada does not use a fixed formula for alimony. Instead, courts consider several factors under NRS 125.150, including:

• Each spouse’s income and earning capacity
• Length of the marriage
• Standard of living during the marriage
• Age and health of each spouse
• Career or educational sacrifices made during the marriage
• Property awarded to each spouse in the division
• Each spouse’s financial condition after the divorce

As a general guideline, longer marriages (10+ years) with significant income disparity are more likely to result in alimony. Short marriages (under 3 years) with no children and comparable incomes rarely involve alimony. Nevada courts may award temporary support during the divorce, rehabilitative support (to help a spouse become self-supporting), or — in longer marriages — longer-term support.

→ Estimate your situation: Nevada Alimony Calculator
→ Full guide: Spousal Support Lawyer in Las Vegas

Filing for Military Divorce in Las Vegas

Clark County has a significant military population, with Nellis Air Force Base and Creech Air Force Base both in the area. Military divorces follow the same Nevada laws but have additional considerations: the Servicemembers Civil Relief Act (SCRA) may delay proceedings if a spouse is deployed, military pensions are divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA), and BAH/BAS may factor into support calculations.

We have experience handling military divorce cases involving deployment schedules, QDRO requirements for military retirement, and Thrift Savings Plan (TSP) division. → Military Divorce Lawyer in Las Vegas

What to Expect When You Hire Gastelum Attorneys

1. Paid Case Evaluation

Your first step is a case evaluation with one of our divorce attorneys. We review your situation, explain your legal options, estimate costs and timelines, and develop a strategy. We charge for evaluations because thorough preparation from day one leads to better outcomes — and we give you real legal analysis, not a sales pitch. Call (702) 979-1455 or contact us online.

2. Case Preparation and Filing

We draft all documents to Nevada standards, file them electronically with the court, and handle service of process. For joint petitions, we coordinate signatures and can facilitate the entire process without either spouse visiting our office.

3. Negotiation and Resolution

We negotiate directly with opposing counsel or your spouse’s attorney to resolve custody, support, and property division. If mediation is ordered, we prepare you thoroughly. Our goal is a fair resolution — not unnecessary conflict that drives up bills.

4. Trial Preparation (When Needed)

If negotiation fails, we are prepared to advocate in court. Our attorneys appear in Clark County Family Court regularly and are familiar with the procedures, judges, and local rules.

5. Final Decree and Implementation

Once the decree is signed, we provide a post-divorce checklist covering title transfers, beneficiary updates, retirement account QDROs, name changes, and account closures. The decree is not the end — proper implementation is what protects you.

How to Choose the Right Divorce Attorney in Las Vegas

If you are searching for a “divorce lawyer near me” or “divorce attorney near me” in Las Vegas, you will find dozens of options. Not all are the same. Here is what matters when selecting the best divorce lawyer for your situation:

• Family law focus: Choose a firm that practices exclusively in family law. General practitioners who dabble in divorce, personal injury, and criminal law lack the depth of experience needed for complex custody or property cases.
• Clark County courtroom experience: Your divorce attorney should be familiar with the Family Division judges, local rules, and courthouse procedures. A Clark County divorce attorney who appears in this court regularly will know what each judge expects.
• Transparent fees: Ask how the firm bills — hourly, flat fee, or hybrid. Understand retainer amounts, what is included, and how you will be billed for phone calls and emails.
• Communication style: You should be able to reach your attorney with questions and receive timely, clear responses.
• Language accessibility: If you or family members are more comfortable in Spanish, working with a bilingual firm avoids miscommunication on critical legal details.
• Team depth: A firm with multiple attorneys can provide coverage, second opinions, and specialized knowledge (custody expert, financial expert, trial attorney).

Serving All of Clark County, Nevada

Our divorce attorneys serve clients throughout the greater Las Vegas metropolitan area from our office at 718 S. 8th Street, Las Vegas, NV 89101, located minutes from the Clark County Family Court:

• Las Vegas
• Henderson
• North Las Vegas
• Summerlin
• Paradise
• Spring Valley
• Enterprise
• Sunrise Manor
• Whitney

We also serve clients in Reno and throughout Nevada. → Divorce Lawyer in Reno

Free Divorce Tools and Resources

We built these tools to help you understand your situation before your first appointment:

• Divorce Cost Estimator — Get a personalized cost range based on your situation
• Nevada Child Support Calculator — Calculate guideline child support using NRS 125B.070
• Nevada Alimony Calculator — Estimate potential spousal support based on key factors
• Custody Calendar Calculator — Build and visualize a parenting time schedule
• Divorce Readiness Assessment — A confidential quiz to help you evaluate your situation
• Financial Disclosure Forms — Download the forms required by Clark County Family Court

Frequently Asked Questions About Divorce in Las Vegas

Do I need a reason to file for divorce in Nevada?

No. Nevada is a no-fault divorce state. You can file based on “incompatibility,” meaning the marriage cannot be reconciled. You do not need to prove adultery, abuse, or any specific wrongdoing. The other two grounds — living separately for one year and insanity for two years — are rarely used. Most Nevada divorces proceed on incompatibility (NRS 125.010).

Can I file for divorce in Las Vegas if I was married in another state?

Yes. Where you were married does not matter. What matters is residency. As long as one spouse has lived in Nevada for at least six continuous weeks before filing, you can file in Clark County (NRS 125.020).

Can my spouse stop or block the divorce?

No. Nevada does not require both spouses to consent to a divorce. If one spouse files, the divorce will proceed. If the other spouse does not respond within 20 days of being served, the filing spouse can seek a default judgment. The court will still ensure any orders (custody, property, support) are fair and compliant with Nevada law.

Do I have to go to court for a divorce in Las Vegas?

Not always. Many uncontested divorces filed as joint petitions are decided on the paperwork alone — the judge reviews and signs the decree without a hearing. If your divorce is contested, you will likely have at least one court appearance, and possibly several if temporary orders, mediation, or trial are needed.

What happens to the house in a Nevada divorce?

If the home was purchased during the marriage, it is community property and must be divided. The most common options are: sell the home and split the proceeds, one spouse buys out the other’s equity share (usually requiring refinancing), or deferred sale where the home is kept temporarily (often until children finish school). If one spouse owned the home before marriage, the equity accrued before marriage is separate property, but appreciation during the marriage may be community property.

How is debt divided in a Las Vegas divorce?

Debts incurred during the marriage are community debts and are divided equally, regardless of whose name is on the account (NRS 123.220). This includes mortgages, car loans, credit cards, and medical bills. Student loans are typically assigned to the spouse who received the education. Debts from before the marriage remain with the spouse who incurred them.

At what age can my child choose which parent to live with in Nevada?

Nevada law does not set a specific age at which a child can choose. However, if the child is of “sufficient age and capacity,” the court will consider their preference as one of several best-interest factors (NRS 125C.0035). In practice, judges give more weight to the preferences of teenagers (14+), but a child’s wish alone does not determine the outcome.

What is a Joint Preliminary Injunction (JPI)?

In Clark County, a JPI is a court order issued at the start of a divorce that prevents both spouses from transferring, hiding, or destroying assets; canceling insurance policies; or making major financial changes while the case is pending. It protects both parties and is standard in most contested divorce filings.

Can I modify custody or support after the divorce is final?

Yes. Custody and child support orders can be modified if there has been a “substantial change in circumstances” since the last order (NRS 125C.0045). Common reasons include job loss, relocation, changes in the child’s needs, or one parent’s remarriage. Spousal support can also be modified if the original order allows it.

What if my spouse is hiding assets?

During discovery, both parties are required to file Financial Disclosure Forms and produce bank statements, tax returns, and account records. If you suspect hidden assets, your attorney can subpoena records, request forensic accounting, or depose your spouse under oath. Nevada courts take asset concealment seriously and may award a disproportionate share to the honest spouse as a sanction.

How long do I have to respond after being served with divorce papers?

You have 20 days from the date of personal service (21 days if served by mail) to file an Answer with the court. If you do not respond, the filing spouse can request a default judgment.

Is Nevada a 50/50 divorce state?

Yes. Nevada is a community property state, which means marital assets and debts are presumed to be owned equally and are divided 50/50 upon divorce. However, the court may deviate from equal division if there is a “compelling reason” — such as one spouse wasting community assets or a significant disparity in separate property.

Do I need a lawyer for an uncontested divorce?

You are not legally required to have an attorney. However, even in uncontested cases, a divorce attorney can ensure your agreement is enforceable, that you are not unknowingly waiving rights (especially regarding retirement accounts, taxes, or insurance), and that the paperwork complies with Clark County filing requirements. Errors can result in rejected filings or unenforceable orders.

What is a QDRO and do I need one?

A Qualified Domestic Relations Order (QDRO) is a legal document that divides a retirement account (401(k), pension, etc.) between spouses as part of a divorce. If either spouse has a retirement account with contributions made during the marriage, you will likely need a QDRO to divide it without triggering early withdrawal penalties or taxes. QDROs must be approved by both the court and the retirement plan administrator.

Is there a difference between a divorce lawyer and a divorce attorney?

No. The terms “divorce lawyer” and “divorce attorney” mean the same thing — a licensed attorney who handles divorce cases. In Nevada, both terms refer to a lawyer admitted to the Nevada State Bar who represents clients in dissolution of marriage proceedings. You may also see the terms “family law attorney” or “family lawyer,” which are broader and include divorce along with custody, support, adoption, and other family matters. When searching for a divorce lawyer or divorce attorney in Las Vegas, what matters is their experience in Nevada family law and Clark County Family Court — not which title they use.

¿Puedo obtener un divorcio en Las Vegas si hablo español?

Sí. Gastelum Attorneys ofrece servicios legales completamente bilingües en inglés y español. Todos nuestros documentos legales, consultas y representación en corte están disponibles en español. No necesita traer un intérprete. Llame al (702) 979-1455 para programar su evaluación de caso. → Visite nuestro sitio en español

Related Family Law Services

• Child Custody Lawyer in Las Vegas
• Child Support Lawyer in Las Vegas
• Spousal Support / Alimony Lawyer
• Asset and Property Division
• Uncontested Divorce Attorney
• Contested Divorce Lawyer
• Prenuptial Agreements
• Military Divorce
• Adoption Attorney
• Guardianship Lawyer
• Quick Divorce in Las Vegas
• Family Law Overview
• Life After Divorce in Nevada

Ready to Talk to a Las Vegas Divorce Attorney?

Call (702) 979-1455 to schedule a paid case evaluation with one of our 8 family law attorneys. Whether you need a divorce lawyer for a straightforward uncontested case or a divorce attorney for a complex contested matter, our team is ready to help. Virtual, in-person, and evening appointments available. Se habla español.

Contact Us Online →

Gastelum Attorneys
718 S. 8th Street, Las Vegas, NV 89101
Phone: (702) 979-1455 | Fax: (702) 977-5246
Email: info@gastelumattorneys.com
Hours: Monday–Friday, 9:00 AM – 5:00 PM