- At least one of the parties in a Nevada divorce must have resided in Nevada for a minimum of six-weeks before filing a Joint Petition for Nevada Divorce, or Nevada must be the last place the parties cohabited and where the parties separated.
- For a Nevada Complaint for Divorce, if the Plaintiff is not a Nevada resident, then the Defendant must be a current resident, having lived here a minimum of six weeks, or Nevada must the last place both parties have cohabited and where the parties separated.
- The Court requires proof of your residency in the form of a Resident Witness Affidavit. 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 was filed
If you are not a current resident of Nevada, and your spouse is not a current Nevada resident, and you did not last reside with your spouse in Nevada, you must first establish residency in Nevada before filing a Nevada divorce.
How you can establish Nevada residency:
Rent lodging - be sure you can obtain a receipt for your lodging should the Court wish to see 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 can obtain a rent receipt.
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, rental or utility receipt 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 actual proof of residency as stated above, though it does occur. 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 for your divorce (highly unlikely if your divorce is not contested), your Resident Witness would be required to attend the hearing with you 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 indefinitely. This does not mean you are forced to live the rest of your life in Nevada; just that you must have the intent, at the time of the filing and granting of your divorce, to make Nevada your permanent home. 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 divorces that involve children and for exceptions to the above rule. 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.
2. 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. |
