Who can file for divorce in Nevada?

| Jul 6, 2021 | Family Law |

While many people get married while visiting Nevada, they cannot simply head back to the state for a quick divorce. Instead, there are residency rules in place that govern whether people can file for divorce in Nevada.

Residence requirements for divorcing in Nevada

Before people can file for divorce in Nevada, either the petitioner or his or her spouse must have resided in the state for a minimum of six weeks before filing. The petitioner will also need to get an affidavit signed under penalty of perjury by a family member or friend attesting to the fact that the individual has lived in Nevada for at least six weeks and intends to remain in the state indefinitely.

Military service members and divorce in Nevada

If someone is a military service member stationed in Nevada, he or she has a few options for where to file for divorce. Even though the service member may be a resident of a different state, he or she can choose to file in Nevada, where he or she is stationed, in the state where he or he currently resides, or the state where the nonmilitary spouse currently resides. Military service members may want to review the relevant laws in each of the applicable states to determine where it may be the most advantageous to file the petition.

If a person qualifies to file for divorce in Nevada, he or she doesn’t have to prove that anyone was at fault. Instead, Nevada is a no-fault state when it comes to divorce, and petitioners can file simply by stating that they are incompatible. The other spouse cannot challenge the petitioner’s request for divorce, but he or she can file a response and counterclaim to what the petitioner has requested to occur in the divorce process. The family law case will go through the normal process of dividing property and debts, determining child custody and child support, and deciding whether one party will be ordered to pay alimony to his or her ex-spouse.