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Nevada Divorce Residency Requirements

Prior to obtaining a divorce in Nevada, one of the divorcing parties must establish Nevada residency. This includes residing in the State of Nevada for at least six (6) weeks prior to the commencement of any divorce proceeding. An individual must have the intent to permanently reside in the State of Nevada at the time the divorce action is filed. Residency means having a physical presence in Nevada although an individual would not be precluded from working outside the State while he or she is establishing residency, as long as he or she is actually physically residing in the State.

To verify residency, an Affidavit of Resident Witness is required to be filed in a divorce proceeding. This Affidavit is executed by a Nevada resident; who has been a Nevada resident for at least twelve (12) months and who can state under oath that they are acquainted with the individual seeking the divorce and personally know that individual has resided in the State of Nevada at least six (6) weeks prior to the commencement of the divorce action.


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Nevada is a community property state, which means that unless the spouses agree to divide the marital property differently, the court will split it 50/50 between them.
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