Residency Requirements for Divorcing in Nevada

When your marriage is no longer working, it may be time to consider filing for divorce. While it is relatively fast and easy for residents of any state to get married in Nevada, you cannot file for divorce here unless either you or your spouse meets minimum residency requirements.

The good news is that, even if you recently relocated to Nevada, you may still be considered a resident because the residency time period is fairly short. As long as either you (or your spouse) have lived in Nevada for at least six weeks before filing, you are a resident for purposes of being able to file a divorce action in the state.

Affidavit of Resident Witness

To prove your residency if you have only lived here for a short time, you will need to provide the court with a sworn "Affidavit of Resident Witness". This Affidavit must be signed by a Nevada resident, stating that they know you have lived in the state for at least six weeks, and have seen you physically present in Nevada several times each week for at least six weeks. The person signing the Affidavit can be any adult - a friend, neighbor, relative, employee or anyone else who is a Nevada resident.

So, if you are moving to the state and know you intend to file for divorce shortly after moving here, it is important to get to know a Nevada resident who can vouch for you on the Affidavit when the time comes. In a contested divorce, the person signing the Affidavit will need to attend a hearing and testify under oath that you meet these minimum residency requirements.

You must also have the intent to stay in Nevada after your divorce. While you don't have to commit to spending the rest of your life in Nevada, you cannot simply move to the state for the purpose of getting a divorce, intending to leave shortly after it has been finalized.

Different time period when minor children are involved

Be aware that the time period is different if you have minor children living with you in Nevada. In that case, the children must have lived here for at least six months, although there are certain exceptions in certain emergency situations.

Contact a Nevada Family Law Attorney

If you are a recent Nevada resident, or if you are planning to move to Nevada and anticipate a divorce in your near future, speak to an experienced family law lawyer who can help you understand how the residency requirements might affect your divorce filing.

Sources: http://www.leg.state.nv.us/nrs/nrs-125.html#NRS125Sec020, https://www.leg.state.nv.us/nrs/NRS-125A.html#NRS125ASec085

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