There is a lot of incorrect information out there about establishing residency in the state of Nevada for a divorce proceeding. One of the more common questions attorneys receive is whether or not residency will be an issue. The courts do look for proof of Nevada residency when filing a divorce; therefore, it is important that you have your facts straight before assuming you or your spouse can file in the state.
Do Both Parties Have to Be Nevada Residents?
No. Only one party must reside in the state for a minimum of six weeks prior to filing for divorce. If you are filing an annulment and you were married in the state of Nevada, then you do not need to be an established Nevada resident to file the annulment. In these cases, the courts have the jurisdiction to set aside the marriage.
Saying you have lived in the state is not enough; instead, the courts will want proof of residency. Your main proof can come from the Affidavit of Resident Witness. A person signs this Affidavit in front of a notary and they must be a resident of the state that knows you have lived in the state for at least six weeks prior to filing for divorce. The person can be anyone that is an established resident, including:
- School mate
- Employer or employee
If children are involved in your divorce case, Nevada courts require that you and the children have lived in the state for six months before they can exercise jurisdiction over the custody and visitation schedule for the children.
You do not have to change over your driver’s license to Nevada prior to filing for divorce. The Department of Motor Vehicles in the state does, however, require all residents trade out their out-of-state licenses for a Nevada license within the first 30 days of relocation. Therefore, you should already have a Nevada state license.
Some other ways you can prove residency aside from a Nevada state license include:
- Mortgage documents
- Lease or rental agreements
- Utility bills
- Car registration
- Voter registration
Some individuals wonder about if they can move to the state, file for divorce and then move away. Typically divorce documents will state that at the time you sign, you intend to remain in the state after your divorce. Also, your Affidavit will state that it is your intent to remain in the state for an indefinite period of time. The court cannot force you to actually reside here after your divorce, but you are advised to remain in the state until your divorce is finalized.
Speak with a Nevada Divorce Attorney First
If you have questions regarding your residency, contact the divorce attorneys at De Castroverde Law Group. We can assess your case and determine what residency requirements apply and if you meet those residency requirements to file for divorce here in Nevada. To get started, contact us online or call 702-222-9999.