Nevada Residency for Divorce Purposes

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Residency Requirements for a Nevada Divorce

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Residency Requirements for a Nevada Divorce

  • Residency Requirements: At least one of the parties in a Nevada divorce must have resided in Nevada for a minimum of six-weeks before filing a divorce.
  • If you are military, lived in Nevada before you were stationed elsewhere, and your LES is Nevada, then you can file a divorce in Nevada. You’ll still need a resident witness who can state they know you to have been a resident here and that they know you plan to return.
  • The Court requires proof of your residency in the form of an Affidavit of Resident Witness. The individual who signs this sworn Affidavit in front of a notary must be another Nevada resident who knows you to have lived in Nevada for a minimum of six weeks before the date your divorce is filed.
  • The divorce paperwork states that the Nevada resident filing for the divorce must have the intent to remain in Nevada after the divorce.

We create and file the affidavit of resident witness for our divorce clients. Client must provide the  resident witness. 

If you are not a current resident of Nevada, and your spouse is not a current Nevada resident, you must first establish residency in Nevada before filing a divorce here. Or you must file in the state where you are currently a resident.

Please go to our Nevada Divorce home page for more information for all types of divorces in Nevada.

How you can establish Nevada residency:

How to Fulfill Nevada Residency Requirements:

 

  • Rent lodging – generally speaking, the court does not require a rent receipt unless your residency is being questioned by the other party in the divorce, however, you might as well obtain a receipt for your lodging should the Court request proof that you actually rented (or purchased) a home in Nevada.

This can be as simple as renting a room in someone’s home, as long as you are able to obtain a rent receipt should the court request it.

  • The Department of Motor Vehicles (DMV) requires 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.

The Court generally does not ask to see your driver’s license unless you must make a court appearance in your divorce. However, it’s a good idea to corroborate your Nevada residency in the form of a Nevada driver’s license, voter registration (if you vote), rental or utility company receipt (if you rent/own a place where the utilities are in your name) and, or, car registration, if you own a vehicle.

If your divorce is uncontested, it’s unlikely you’ll have to appear in court and show as much proof as stated above, though it has occurred in the past. If you do not drive, simply obtain an official Nevada Identification card from the DMV.

  • The court does require the sworn Affidavit (signed in front of a notary) of another Nevada resident (known as the resident witness) that states that this Nevada resident has seen you physically present in Nevada at least 3-4 times a week for a minimum period of 6 weeks.

Should you have to attend a hearing (highly unlikely if your divorce is not contested, but it happens), your Resident Witness will be required to appear at the hearing and testify under oath as to your residency. This simply means the resident witness takes the stand, gets sworn in, and then replies “yes” to questions about whether or not you currently reside in Nevada.

  • You must have the intent at the time of your divorce to make Nevada your home for the foreseeable future. This does not mean you are expected to live the rest of your life in Nevada because you obtained a divorce here; it means you must have the intent, at the time your divorce is filed, to make Nevada your permanent home and residence.

 

 

Children and Residency in a Nevada Divorce:

If you have children with your current spouse, 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.

Read Here about special steps to take in Nevada divorce that involve children and for exceptions to the above rule.

NRS 125.020Verified complaint; residence or domicile; jurisdiction of district court.

  1. Divorce from the bonds of matrimony may be obtained for the causes provided in NRS 125.010 by verified complaint to the district court of any county:

      (a) In which the cause therefor accrued;

      (b) In which the defendant resides or may be found;

      (c) In which the plaintiff resides;

      (d) In which the parties last cohabited; or

      (e) If plaintiff resided 6 weeks in the State before suit was brought.

      2. Unless the cause of action accrued within the county while the plaintiff and defendant were actually domiciled therein, no court has jurisdiction to grant a divorce unless either the plaintiff or defendant has been resident of the State for a period of not less than 6 weeks preceding the commencement of the action.

Please go to our Nevada Divorce home page for more comprehensive information for all types of divorces in Nevada.

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*Court Costs (currently $326 for Joint Petition, and $364 for a Complaint) and cost of process service and publication (when the other party won’t sign or cannot be found) is additional: process service in the U.S. average cost is $150; publication average $125. Out of country service costs vary by country and are individual to each case.

For more info see our Nevada divorce home page.