This is the next article in my series on the question of “can you get a quick divorce in Las Vegas, Nevada?” My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you are considering ending a marriage. Filing in Nevada prematurely may result in one’s case being dismissed or the Court lacking jurisdiction to rule on certain matters. An experienced attorney can help you determine where it is that is best to file. This article will continue the discussion by discussing our state’s residency and eligibility requirements for divorce. If you are in need of assistance then contact my office today to speak with a lawyer.
One must be a Nevada resident for at least six weeks in order to file for divorce
Nevada may have the most liberal and flexible requirements in the country in terms of allowing one to file for divorce. To begin a case, one must have been a resident of the state for at least six weeks. It is important to understand that this requirement must be met at the time of filing; one may not file the case before it has been six weeks. As part of completing any case, the Court will require an “Affidavit of Residency.” This is a sworn statement, from any competent adult, stating that they have regularly seen the filing party in the jurisdiction for at least six weeks. Also, the case will typically need to be filed in the County in which the initiating party resides.
It is not uncommon for a party to attempt to establish residency in Las Vegas for the sole purpose of filing for divorce. As an example, one may be from California and wish to file for divorce in our state. The person rents an apartment, on a month to month lease, in Las Vegas and turn on utilities in their name. This individual, however, continues to spend the bulk of their time in California. When the spouse is served with a Complaint for Divorce, they file a Motion to Dismiss the case on the grounds that the initiating party is, in fact, not a resident. Under these facts, the Court may well find that the individual is not a resident and dismiss the case. If, however, the responding party does not object and wishes to complete the divorce then they may do so. While this example demonstrates Nevada law, it should be remembered that how the Court will rule is going to depend on the specifics of the matter.
Las Vegas judges may lack jurisdiction over child custody, spousal support, and other issues
It is important to understand that a Court may not have jurisdiction over all relevant issues even though it has jurisdiction to grant the divorce. As an example, the Court would not have jurisdiction to rule on the issue of spousal support if the other party has never been a resident of Nevada. Moreover, if there are children involved, the Court would not be able to rule on child custody unless they have resided in Nevada for at least the last six months. If one were to file for divorce in our state, but the spouse and children have never been to Nevada, the Court may defer to the other jurisdiction as a more “convenient forum” to hear the matter. This, again, is an example of why one should discuss their situation with an attorney prior to filing for divorce in our state.
I do wish to quickly stress, again, that a Court on our state can rule on issues if the other party consents. Suppose Jack and Jill wish to divorce. Jack has lived in Nevada for six weeks and Jill has never been to the state. Jack may either file for divorce in our state and Jill may consent to a settlement. Alternatively, if the parties are in agreement on all issues, then Jill may consent to the state’s jurisdiction and the parties could complete an uncontested divorce. Such actions would requirement agreement or else the case may well be dismissed.
If you are considering ending a marriage then contact my office to speak with a Las Vegas divorce lawyer. We will give you an honest assessment on whether or not is in your best interest to file in Nevada. We understand that this is a serious time in your life and we will give your case the attention it deserves. We look forward to speaking with you.