Nevada considers anyone who has lived within the state for six consecutive weeks to be a NevadaNevada divorce residency resident for divorce purposes (and most other purposes).

Only one of the parties to the divorce is required to live in Nevada. The other party can be located anywhere else in the world. Also, the party who is not the Nevada resident can sign the divorce documents anywhere else in the world, even if they don’t live there. For instance, your spouse might live in Chicago, but is on temporary assignment in Europe. He or she can sign their divorce documents there.

As a way to prove your residency, the court expects to see a local address on your divorce pleadings, but the main proof of residency is in the form of a resident witness affidavit. This is a legal document signed by any other Nevada resident, be it a relative, friend, co-worker, roommate, or neighbor, who knows you to have lived in Nevada for a minimum of six consecutive weeks before filing your divorce. The resident witness affidavit will also state that the resident witness sees you three to four times per week.

The Department of Motor Vehicles (DMV) does require that incoming residents trade in their out-of-state driver’s license for a Nevada driver’s license before the first 30-day period of residency has expired.

That said, The Court generally does not ask to see your driver’s license unless you must make a court appearance for your divorce. However, it’s a good idea to corroborate your Nevada residency in any official form, especially if you expect that your divorce might be contested by your spouse.

If you have children with the spouse you are divorcning, and the children reside in Nevada with you, they must have resided in Nevada for a minimum of six months before the Nevada District Court will take jurisdiction over them.

You can read about this in more detail here.

Below is how Nevada defines a resident for divorce purposes:

NRS 483.141  “Resident” defined.

  1.  “Resident” includes, but is not limited to, a person:

(a) Whose legal residence is in the State of Nevada.

(b) Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer, or any person maintaining such vehicles in this State, as the home state of such vehicles.

(c) Who physically resides in this State and engages in a trade, profession, occupation or accepts gainful employment in this State.

(d) Who declares himself to be a resident of this State to obtain privileges not ordinarily extended to nonresidents of this State.

  1.  The term does not include a person who is an actual tourist, an out-of-state student, a foreign exchange student, a border state employee or a seasonal resident.