As Family Law Attorneys in Las Vegas, we see this questions repeatedly. This article answers who can file for divorce in Nevada and the reasons for obtaining a Nevada divorce. If you or someone you know is considering a Nevada divorce, call our office today at (702) 433-2889 or fill out our on-line form for more information.
Either spouse may file for divorce in Nevada as long as that spouse has statutory grounds for the divorce and meets the residency requirement for filing. This sounds like a lot of legal mumbo jumbo right? What it means is that you have to be a resident of the state of Nevada under Nevada laws AND you have to meet the grounds for divorce under Nevada law.
What Are The Statutory Grounds For Divorce In Nevada?
In Nevada there are three statutory reasons for divorce. These three statutory grounds are: (1) incompatibility; (2) insanity; or (3) spouses living separate and apart for more than one year. Incompatibility is by far the most common statutory reason for divorce. Since Nevada is a no-fault divorce state, you just have to tell the Court you are incompatible - nobody actually checks to be sure. If a spouse is filing for divorce on the grounds of insanity, the spouse must demonstrate the insanity existed two years prior to the filing of the divorce.
What Are The Residency Requirements For Divorce In Nevada?
As for the residency requirement, to divorce in Nevada the spouse must have been permanently present within the borders of the state for a period of six weeks before filing the divorce action. This means that if you want to file for divorce in Nevada, you or your spouse must have lived in Nevada for at least 6 weeks prior to filing the divorce. If a judge questions residency, you may be required to bring proof of residency such as a utility bill, housing lease, Nevada driver's license or other documentary proof of residency.
To establish residency, the filing spouse must obtain an affidavit signed by a neutral third-party who will tell the Court that they have seen the filing spouse in Nevada at least three to four times per week for the six weeks prior to filing the Complaint. This is known as an affidavit of resident witness.
Can I Get A Nevada Divorce If My Children Lived Somewhere Else?
Divorce in Nevada becomes more complicated if you have children. If you have children, your children the child or children of the parties must be residents of the State of Nevada for at least six months before the filing for Divorce. If your children have not lived here for at least six months prior to the filing of your case, the Court may grant the divorce, but may not issue decisions regarding child support, custody or visitation. Alternatively, the Court may consider taking jurisdiction over the child custody and related child issues in the case if there is no other state involved.
If you or someone you know is interested in filing a Nevada divorce, and you have questions about who can file for divorce in Nevada, call us today at (702) 433-2889 or fill out our on-line form for more information. We can help.
For more information about divorce check out these articles: Best Advice From A Divorce Attorney, Common Threats Made During Divorce Cases, Nevada Joint Petitions