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Do You Have to Be a Resident to Get a Divorce in Nevada?

Divorce is a pivotal life event that comes with unique challenges, one of which might include understanding the legal requirements involved. If you're considering getting a divorce in Nevada, it’s crucial to understand the state's residency requirements.

In the following blog, we will explore divorce law, specifically issues of residency and divorce in Nevada. If you’re wondering, do I have to be a resident to get a divorce in Nevada, keep reading to learn the answer.

Nevada Residency Requirements for Divorce

Before you can file for divorce, you must meet certain residency qualifications. Residency laws can vary from state to state, but in Nevada, you or your spouse must have lived in the state for at least six weeks before filing for divorce.

The sole exception is when the reason for divorce occurred in Nevada while both you and your spouse resided there. In such instances, you could have lived in Nevada together at any point rather than specifically within the six weeks before the filing.

As stated in NV ST § 125.020, you can file for divorce at the district court in any county where:

  • The cause for divorce occurred
  • You reside
  • Your spouse resides or can be found
  • You and your spouse last resided together

Understanding residency requirements can be complex. It's advisable to seek guidance from an experienced divorce attorney, especially if you're new to the state.

How Do I Prove Residency for Divorce in Nevada?

Proving your residency is relatively straightforward when filing for divorce in Nevada. The court usually requires an "Affidavit of Resident Witness," which acts as evidence that one of the spouses has been a resident of Nevada for a minimum of six weeks prior to the filing. This affidavit can be completed by a friend, coworker, or family member who regularly contacts you, typically seeing you 3-4 times per week.

Disadvantages When One Spouse Does Not Meet Residency Requirements

Nevada's divorce laws allow individuals to file for divorce after establishing residency for six weeks. This residency requirement is relatively short compared to many other states, providing a quicker path to legal dissolution of marriage and division of assets.

It is important to consider that if the spouse not initiating the divorce has never resided in Nevada, the Court may lack jurisdiction over claims related to spousal support. Additionally, in cases involving children who have not lived in the state for at least six months, the Court may not have jurisdiction over matters such as custody and child support.

While Nevada offers a streamlined process for divorce proceedings, certain limitations apply based on residency with the state, so working with a divorce attorney is key. 

Get Help from Our Divorce Lawyers

Understanding and navigating the legal requirements of divorce can be daunting, especially if you're still grieving the end of your marriage. Seeking professional guidance from an experienced attorney can be a significant advantage.

The legal team at Leavitt Law Firm can help you file your paperwork correctly, offer legal advice tailored to your situation, provide representation in court if necessary, and help you understand all aspects of the divorce process, including the division of assets, alimony, and child custody where applicable.

If you're looking for a trusted partner through your divorce proceedings in Nevada, don't hesitate to contact our experienced divorce lawyers, who can offer support and guidance tailored to your unique circumstances.

Call us today at (702) 996-6052 or fill out our online form to begin.