This is the next post in my series on the topic of filing for divorce in Las Vegas, Nevada as a nonresident. My last article discussed whether you can file for divorce in Nevada even if you are not a resident of the state. It is important to remember that you can file for divorce in Nevada as long as one spouse has lived in the state for at least six weeks. This is one of the most liberal residency requirements in the country. Further, the only proof of residency that is typically required is the completion of an “Affidavit of Residency.” In this article I will be discussing the common question of whether a nonresident can establish residency in order to file for divorce in Nevada. If you or a family member are seeking to obtain a divorce then contact my office today to speak with a Las Vegas lawyer.
It must be evident to the Court that you are a Nevada resident in order to file for divorce in the state
Since Nevada has more liberal residency requirements, many individuals question whether you can move to Nevada for the sole purpose of filing for divorce in the state. There is no rule that prohibits this as long as you or your spouse has lived in the state for at least six weeks. However, you cannot just visit Nevada for six weeks and intend to move back to your original state immediately after you receive your divorce. If you have no intent to actually reside in the state of Nevada, this is going to be obvious to the Court and the other spouse may successfully challenge your “Affidavit of Residency.” There are multiple factors that you should consider before attempting to establish residency to file for divorce in Nevada.
First, the Court is going to want to know where you are living. For instance, if you are living in a short-term rental or extended stay hotel, it may not look like you are really a resident of the state even after six weeks. Along with your “Affidavit of Residency,” the Court may want to see proof that you are actually residing in the state. If you do not have a lease, the Court may want to see documents such as utility bills in your name and sent to a Nevada address. Further, you should be working in the state as well. It is not going to look like you intend to be a resident of Nevada if you live in a hotel for six weeks but keep working your New York job remotely.
While you can move to Nevada to file for divorce, the Court may have limited jurisdiction
Since you are able to establish residency after living in Nevada for six weeks, this also means that the Court does not receive jurisdiction until you do so. However, it should be highlighted that the Court will not have full jurisdiction over certain relevant matters. For example, if the non-filing spouse has never lived in Nevada, then the Court will not have jurisdiction over claims of spousal support. Further, if you have children that have not resided in the state for at least six months, then the Court will not have jurisdiction over child custody and support issues. Thus, while the Court may be able to grant a divorce and end the marriage, it will not be able to decide multiple other important matters. It will only be able to do so if both spouses have had regular contact with the state.
Moving to Nevada in order to file for a divorce in six weeks is likely best for those who have no assets, no debts, no children, and no need for alimony. This is a strong option if what you are really seeking is a quick divorce. If you wish to establish Nevada residency in order to get a divorce, you should consult with an attorney about if this is the best idea for your situation. I am a Las Vegas divorce lawyer who devotes her practice to the handling of domestic relations law. I understand that the end of a marriage is a serious time in one’s life and I will give your case the attention it deserves. Contact my office online or by telephone today to schedule an appointment. I look forward to speaking with you.