What Is a Contested Divorce in Las Vegas?
Reviewed by Jennifer Setters, J.D.
· Managing Attorney & Founder, Gastelum Attorneys
· Boyd School of Law, UNLV · Nevada Bar #13126
· Last reviewed: April 2026
Quick Answer: What Is a Contested Divorce in Nevada?
A contested divorce is a divorce in which spouses cannot agree on one
or more terms — property, custody, support, or debt — requiring a
judge to decide. Under
NRS 125.010,
either spouse may file for divorce in Nevada without proving fault.
When disputes remain unresolved after negotiation and mediation,
Clark County Family Court schedules hearings and, if necessary, trial.
Contested divorces in Nevada typically take 6 months to 2+
years to resolve — compared to as few as 10 days for a
fully uncontested case.
Nevada statutes: NRS 125.010 (grounds) ·
NRS 125.020 (residency — 6 weeks) · NRS 123.220 (community property) ·
NRS 125.150 (spousal support) · NRS 125C.0035 (child custody) ·
NAC 425.140 (child support formula)
- A contested divorce begins when one spouse files a Complaint for Divorce — unlike an uncontested case where both spouses file a Joint Petition.
- Nevada is a no-fault state — incompatibility under NRS 125.010 is the only ground needed. No wrongdoing is required.
- At least one spouse must have lived in Nevada for six continuous weeks before filing (NRS 125.020).
- All property acquired during the marriage is community property under NRS 123.220 — subject to equal division unless both parties agree otherwise or the court orders otherwise.
- Most contested divorces in Clark County resolve through negotiation or mediation before reaching trial.
- Attorney fees typically range from $5,000–$15,000 for cases settled at mediation and $35,000–$100,000+ for cases that go to trial.
- A single unresolved dispute in what began as an uncontested case converts it to contested — adding months and significant cost.
When spouses cannot agree on property, debt, custody, or support,
Nevada law requires those disputes to be resolved through Clark County
Family Court. That is a contested divorce — and it is one of the most
consequential legal processes a person can navigate in Nevada.
This guide explains exactly what a contested divorce is under Nevada
law, how the process works step by step, what it costs, and what you
can do to protect yourself. Gastelum Attorneys has handled more than
5,000 family law cases in Clark County Family Court.
What Is a Contested Divorce? — Definition and Legal Basis
A contested divorce is a divorce in which spouses cannot agree on one or more terms — property, custody, support, or debt — and a judge must decide those terms for them.
A contested divorce does not mean one spouse is trying to block the
divorce. It simply means the two sides cannot agree on the terms —
how to divide the house, who gets primary custody, whether alimony
is owed — so a judge steps in and decides.
Under NRS 125.010,
Nevada allows divorce on the grounds of incompatibility — meaning
either spouse can file without proving wrongdoing by the other. The
dispute in a contested divorce is not about whether the marriage ends,
but about the terms under which it ends.
Issues that commonly make a Nevada divorce contested:
- Community property division: all assets and income acquired during the marriage under NRS 123.220 — real estate, bank accounts, vehicles, investments
- Marital debt allocation: mortgages, credit cards, auto loans, business liabilities incurred during the marriage
- Spousal support (alimony): whether support is owed, the monthly amount, and the duration under NRS 125.150
- Legal and physical child custody: decision-making rights and parenting time schedules under NRS 125C.0035
- Child support: calculated under NAC 425.140’s tiered income-based formula — parents cannot agree to zero support without court-approved findings
- Retirement account division: requires a separately filed Qualified Domestic Relations Order (QDRO) — not covered by the divorce decree alone
- Business valuation: when one or both spouses own a business, an independent valuator is typically required
A Las Vegas couple estimated their marital assets at $280,000.
During discovery, bank records subpoenaed from a separate account
revealed an additional $95,000 in transfers made in the 18 months
before filing. Under NRS 123.220, those funds were community property.
The concealment resulted in sanctions and an unequal property division
ordered by the court — awarding the concealed funds plus a penalty to
the non-concealing spouse. This is why discovery matters in a contested
case even when both parties believe they know all the assets.
When any of these issues remains unresolved, Clark County Family Court
schedules hearings, orders discovery, and — if no agreement is reached
— sets the matter for trial before a judge.
Contested vs. Uncontested Divorce in Nevada — Key Differences
| Contested | Uncontested | |
|---|---|---|
| Filing document | Complaint for Divorce | Joint Petition for Divorce |
| Spousal agreement required | No — one spouse files | Yes — both spouses sign |
| Service of process | Required (NRCP 4) | Not required |
| Court hearings | Yes — multiple | Usually none |
| Formal discovery | Yes — depositions, subpoenas | No |
| Typical timeline | 6 months – 2+ years | 10 days – 6 weeks |
| Typical attorney fees | $10,000 – $100,000+ | $1,500 – $7,000+ |
| Clark County filing fee | ~$299 + service costs | ~$299 |
| Judge decides outcome | Yes — if no settlement | No — parties decide |
| Public court record | Yes — hearings and filings | Limited |
For a full analysis of which path fits your situation, see:
Contested vs. uncontested divorce in Nevada — which is right for you?
How the Contested Divorce Process Works in Nevada — 7 Steps
-
File the Complaint for Divorce. One spouse — the
petitioner — files a Complaint for Divorce with Clark County Family
Court. The complaint states the grounds (incompatibility under
NRS 125.010), lists the disputed issues, and requests specific relief.
Nevada requires at least one spouse to have been a resident for six
continuous weeks before filing (NRS 125.020). Only one spouse needs
to meet the residency requirement. -
Serve the other spouse. The respondent must be
formally served with the divorce papers under NRCP 4. After service
in Nevada, the respondent has 21 days to file a written response
(30 days if served out of state). If no response is filed, the
petitioner may seek a default judgment granting the requested terms. -
Request temporary orders if needed. Either party
may request temporary orders from the court covering child custody,
child support, spousal support, exclusive use of the marital home,
or restraint on dissipating assets. Temporary orders are enforceable
immediately and remain in place until the final decree is entered.
They are critical in high-conflict cases where one spouse may attempt
to drain accounts or remove children from the county. -
Complete discovery. Both sides exchange financial
and factual information under the Nevada Rules of Civil Procedure.
Discovery tools used in contested Nevada divorces include:- Interrogatories — written questions answered under oath
- Depositions — sworn oral testimony from either spouse or third parties (employers, accountants, appraisers)
- Requests for Production — bank statements, tax returns, retirement account records, property appraisals, business financial statements
- Subpoenas — for records held by financial institutions, employers, or other third parties who won’t voluntarily produce documents
Under NRS 123.220, all community assets must be fully disclosed.
Concealment of assets during discovery can result in sanctions,
attorney fee awards against the concealing party, and an unequal
property division ordered by the court. -
Attend negotiation and mediation. Clark County
Family Court encourages — and in some cases requires — mediation
before trial. A neutral mediator facilitates settlement discussions.
Most contested divorces in Clark County resolve at this stage.
A mediated agreement becomes binding when signed by both parties
and approved by the court. Mediation is confidential and typically
faster and less expensive than proceeding to trial. -
Go to trial if no settlement is reached. If
mediation fails and no settlement agreement is executed, the case
proceeds to trial before a Clark County Family Court judge. Each
side presents evidence, witness testimony, and legal arguments.
There is no jury in Nevada divorce trials — the judge decides all
disputed issues. The judge issues a final Decree of Divorce with
binding rulings on property, support, and custody. -
Complete post-decree transfers and orders. Once
the decree is entered, additional steps are required to implement
it. Retirement account division requires a separately drafted and
court-filed QDRO accepted by the plan administrator. Real property
transfers require a deed. Child support and custody orders remain
subject to modification if circumstances change materially
(NRS 125C.0045).
A Henderson couple both requested primary physical custody of their
two children. The court ordered a custody evaluation under NRS 125C.0035.
The evaluator interviewed both parents, the children’s teachers, and
the children themselves. The evaluation identified that one parent’s
work schedule made consistent school-day pickup impossible. The court
awarded primary physical custody to the other parent with a structured
parenting time schedule — not because one parent was “unfit,” but
because the logistics of the children’s school week made one arrangement
clearly more stable. Neither parent’s attorney had anticipated this
outcome going in. Contested custody cases almost always require an
attorney who has seen multiple evaluation outcomes in Clark County.
Legal Issues Decided in a Nevada Contested Divorce
Property division — NRS 123.220
Nevada is a community property state. All assets and income acquired
during the marriage are owned equally by both spouses regardless of
whose name appears on the account or title. In a contested divorce,
the court divides community property equally unless there is a
compelling reason for an unequal split — such as waste of community
assets (dissipation), fraud, or an existing prenuptial agreement.
Separate property owned before the marriage, or received as a gift
or inheritance during the marriage, is not subject to division but
must be clearly traced and documented.
Spousal support — NRS 125.150
Nevada courts consider multiple factors when awarding spousal support:
the length of the marriage, each spouse’s earning capacity, the
standard of living during the marriage, each party’s financial
resources, and each party’s health and age. There is no fixed formula —
each case is decided on its facts. Support may be temporary,
rehabilitative (designed to allow a spouse to gain employment skills),
or long-term depending on circumstances. In marriages under three
years, permanent support is rarely awarded.
Child custody — NRS 125C.0035
Nevada courts determine custody based on the best interest of the
child. Statutory factors include each parent’s relationship with the
child, the child’s ties to school and community, each parent’s ability
to support the other’s relationship with the child, and any history
of domestic violence, substance abuse, or neglect. Nevada law presumes
that frequent contact with both parents serves the child’s best
interest — but that presumption can be rebutted with specific
evidence. In high-conflict custody disputes, the court may appoint
a Guardian ad Litem to represent the child’s interests independently
of either parent.
Child support — NAC 425.140
Nevada child support is calculated using a tiered income formula
under NAC 425.140. The formula accounts for both parents’ gross
monthly incomes and the percentage of parenting time each parent
exercises. Parents cannot agree to a support amount below the formula
without specific court-approved findings. Use the
Nevada child support calculator
to estimate the correct figure before filing.
How Long Does a Contested Divorce Take in Las Vegas?
A contested divorce in Clark County typically takes 6 months
to 2 years from filing to final decree. Cases involving
business valuation, significant assets, or highly disputed custody
can extend beyond 2 years. Factors that affect the timeline:
- Court scheduling and docket volume at Clark County Family Court
- Complexity and number of disputed issues
- How quickly both parties respond to filings and discovery requests
- Whether expert witnesses are required (business valuators, forensic accountants, child psychologists)
- Whether temporary order hearings are contested separately from the main case
- Whether the case goes to mediation once or multiple times
- Willingness of both parties to negotiate in good faith
For a detailed timeline by case type, see:
How long does a divorce take in Nevada? (2026 timeline guide)
How Much Does a Contested Divorce Cost in Las Vegas?
Clark County court filing fees are approximately $299,
plus costs for serving the other party. Attorney fees depend on case
complexity and whether the case settles or goes to trial:
- Simple contested case — one or two disputed issues, settled at mediation: $5,000–$15,000
- Moderate complexity — disputed custody, real estate, or retirement accounts: $15,000–$35,000
- High complexity — business valuation, forensic accounting, full trial: $35,000–$100,000+
Additional costs can include expert witness fees ($2,000–$10,000+),
deposition costs, real estate appraisal fees ($400–$800), and QDRO
drafting fees ($500–$2,500). For a complete cost breakdown, see:
How much does divorce cost in Nevada? (2026 fee guide)
Facing a Contested Divorce in Las Vegas?
Gastelum Attorneys handles contested and uncontested divorces
across Clark County — Las Vegas, Henderson, and North Las Vegas.
Bilingual English and Spanish. Six family law attorneys. Two locations.
Case evaluations focused on legal strategy.
Frequently Asked Questions — Contested Divorce in Nevada
What makes a divorce contested in Nevada?
A divorce is contested in Nevada when spouses cannot reach a complete
written agreement on all legal issues — property division, debt
allocation, spousal support, child custody, and child support — before
or during the court process. A single unresolved issue is sufficient.
The “contested” label does not mean one spouse is blocking the divorce;
it means the terms require judicial resolution.
Can a contested divorce become uncontested in Nevada?
Yes. Most cases that begin as contested settle through negotiation or
mediation before reaching trial. When both parties execute a complete
written settlement agreement, the case resolves without a trial even
if it was originally filed as contested. The court reviews the
agreement and, if approved, enters the decree.
Does Nevada require a separation period before filing for divorce?
No. Nevada has no mandatory separation period. Either spouse can file
immediately once the six-week residency requirement under NRS 125.020
is satisfied — regardless of whether the couple is still living
together.
What happens if my spouse refuses to respond after being served?
If the respondent fails to file a written response within 21 days
(Nevada) or 30 days (out of state) after proper service, the petitioner
may request a default judgment from Clark County Family Court. The
court can grant the divorce and approve the petitioner’s requested
terms without the other spouse’s participation — but will independently
review terms involving children to ensure the child’s best interest
is served.
Is Nevada a 50/50 state for property division in a contested divorce?
Nevada is a community property state under NRS 123.220 — marital
assets are generally divided equally. However, equal division is the
starting point, not an absolute rule. Courts can deviate from 50/50
when one spouse wasted community assets, committed fraud, or when
both parties agree to an unequal split. Separate property owned
before marriage, or received as a gift or inheritance, is not subject
to division. See:
What is a wife entitled to in a Nevada divorce?
Can I represent myself in a contested divorce in Nevada?
Nevada permits self-representation (pro se) in all court proceedings.
However, contested divorces involve formal discovery under the Nevada
Rules of Civil Procedure, evidentiary hearings, and potentially trial.
Procedural errors, missed deadlines, and improperly prepared orders
can have lasting financial and custody consequences. The opposing
party’s attorney is not required to assist you or flag your mistakes.
In practice, self-represented parties in contested divorces typically
spend significantly more to correct errors than attorney representation
would have cost.
How is child custody decided in a Nevada contested divorce?
When parents cannot agree, Clark County Family Court determines legal
and physical custody under NRS 125C.0035 based on the best interest
of the child. The court evaluates each parent’s relationship with the
child, the child’s ties to home, school, and community, each parent’s
willingness to support the other’s relationship with the child, and
any history of domestic violence, substance abuse, or neglect.
In high-conflict cases, the court may appoint a Guardian ad Litem to
represent the child independently.
What is the residency requirement for a contested divorce in Nevada?
Under NRS 125.020, at least one spouse must have been a Nevada resident
for a minimum of six continuous weeks immediately before the divorce
petition is filed. Only one spouse needs to meet this requirement —
the other can reside anywhere. Nevada’s six-week threshold is among
the shortest in the United States.
How long does a contested divorce take in Las Vegas?
A contested divorce in Clark County typically takes 6 months to 2 years
from filing to final decree. Cases involving business valuation,
significant assets, or highly disputed custody routinely extend
beyond 2 years. The single biggest variable is whether the case settles
at mediation or proceeds to trial.
Signs you need an attorney before your spouse files
- Your spouse has already retained an attorney
- There are significant assets, a business, or retirement accounts involved
- You have children and custody arrangements are unresolved
- You suspect your spouse is hiding assets, income, or accounts
- There is a history of domestic violence or financial control
- You have been asked to sign documents before having them reviewed
- Your spouse has moved out and taken financial records or valuables
Reviewed by Jennifer Setters, J.D.
Nevada Bar #13126 · Founder & Managing Attorney,
Gastelum Attorneys ·
UNLV Criminal Justice B.S. · Boyd School of Law J.D. ·
Clark County Family Court · Eighth Judicial District ·
Statutes: NRS 125.010, NRS 125.020, NRS 123.220, NRS 125.150,
NRS 125C.0035, NAC 425.140 ·
Last updated: April 2026
Related:
Las Vegas divorce attorney ·
Contested divorce Las Vegas ·
Uncontested divorce Las Vegas ·
Contested vs. uncontested divorce in Nevada ·
Property division in Nevada ·
How long does a divorce take in Nevada? ·
How much does divorce cost in Nevada? ·
Child custody lawyer Las Vegas ·
Nevada child support calculator ·
Nevada alimony calculator ·
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