Joint Petition for Divorce in Nevada: How the Summary Proceeding Works

Filing together instead of against each other: what Nevada's Joint Petition process requires and how it works.

Kyle King, Esq 4 min read

On this page
  1. — What Is a Joint Petition?
  2. 01 The Conditions You Must Meet
  3. 02 What the Petition Must Include
  4. 03 If You Have Children
  5. 04 Filing and What Happens Next
  6. 05 Can You Change Your Mind?
  7. 06 How Final Is the Decree?
  8. 07 Getting It Right the First Time
  9. — About the Author

If you and your spouse agree on everything, Nevada lets you file for divorce together instead of against each other. It is called a Joint Petition, or summary proceeding, and it is often the most direct route to a final decree.

What Is a Joint Petition?

A Joint Petition is a single document, signed under oath by both spouses, stating that every condition for Nevada’s summary proceeding for divorce has been met. Both spouses are petitioners. There is no plaintiff or defendant, and because both of you sign, there is no need for service of process on the other spouse.

The Conditions You Must Meet

Every condition in NRS 125.181 must be true on the day you file. In short: one spouse meets the six-week residency requirement; you are incompatible or have lived apart for a year; you have signed agreements covering any children, community property and debt, and spousal support (or waived support); you waive notice of entry, appeal, findings, and a new trial; and you both want a decree. Our complete guide to uncontested divorce covers each condition in detail.

If one condition is missing, the case does not qualify for the summary procedure. It may still be resolved by agreement through a standard Complaint for Divorce.

What the Petition Must Include

Under NRS 125.182, the petition must state the facts supporting Nevada’s jurisdiction and the grounds for divorce, plus:

  • The date and place of the marriage.
  • Both spouses’ mailing addresses.
  • Whether there are minor children of the relationship, born before or during the marriage or adopted during it, and whether a spouse is pregnant.
  • Whether either spouse wants a former name restored, and if so, which name.

An affidavit corroborating residency must be filed with the petition. If you have a marital settlement agreement you want the court to approve, it must be identified and attached as an exhibit.

If You Have Children

Nevada courts may not grant a divorce involving minor children who live in the state without first providing for their care, support, education, and maintenance (NRS 125.007). Your petition needs a written custody and child support agreement the court can approve. Our Child Custody page explains how Nevada approaches these decisions.

Filing and What Happens Next

In Las Vegas, Joint Petitions are filed with the Eighth Judicial District Court, Family Division. Because there is no opposing party to serve and no answer to wait for, the court’s main job is to review the paperwork for compliance with the statute. If everything is in order, the court enters a Decree of Divorce. If something is missing or unclear, the court may ask for corrections, which is the most common source of delay.

Can You Change Your Mind?

Yes. Under NRS 125.183, either spouse may revoke the Joint Petition at any time before the final judgment is entered. Revocation is done by filing a notice with the court clerk and mailing a copy to the other spouse at their last known address. The summary proceeding ends, and any divorce would need to proceed another way.

How Final Is the Decree?

Under NRS 125.184, the judgment is a final decision on the marriage and the parties’ property rights, and the spouses have already waived appeal and a new trial. It can still be challenged in a separate action for fraud, duress, accident, mistake, or other recognized grounds. Separately, if community property or debt was left out of the decree because of fraud or mistake, a spouse generally has three years from discovering it to ask the court to divide it (NRS 125.150). The safer course is to get it right the first time.

Getting It Right the First Time

A Joint Petition can be one of the most efficient ways to finish a Nevada divorce, but only if the petition and agreement are complete. Not sure you have agreed on everything? Start with our mutually agreeable divorce checklist.

Jones & LoBello helps Nevada couples prepare and file Joint Petitions correctly, so the agreement they rely on holds up.

Contact us today to schedule a consultation and discuss your options.

Statutes cited in this article are current as of November 2026.

About the Author

This article provides general information about Nevada law. It is not legal advice, and reading it does not create an attorney-client relationship.