Can I Divorce in Nevada If My Spouse Lives in Another State?

Woman sitting at a table taking off her wedding ring

“Can I obtain a divorce in Nevada if my spouse lives in another state?”

This is a surprisingly common question that we get from people looking to end their marriage and move on. The short answer is yes, you can obtain a divorce in Nevada even if your spouse lives in another state. There are numerous reasons that people divorce when spouses live in different states and it happens a lot throughout the country. It would make divorce impossibly difficult if a spouse could avoid a divorce by leaving the state.

To obtain a Nevada divorce in this circumstance, however, there are legal requirements that must be met, which include being a resident of this state and obtaining proper service on your out-of-state spouse.

Nevada’s Residency Requirement

Nevada has a residency requirement of six weeks, meaning that a person seeking a divorce need only reside continuously in this state for at least six weeks to file a lawsuit for divorce. This is among the shortest requirements in the country, which allows for people to seek swift resolutions, especially when there is some sort of agreement in place. This clock starts running as soon as the person seeking the divorce enters the state, and courts require a Nevada resident to submit an affidavit attesting to the person’s presence in the state.

Personal Jurisdiction Via Service

Significantly, for a court to enter a valid divorce decree, the court must have “personal jurisdiction” over a spouse. The requirement that a court must have personal jurisdiction over a party is based on the fundamental right that people have to receive notice that they are being sued. Therefore, an out of state spouse must be served with the lawsuit as required under the law in order for the court to have personal jurisdiction over that party. The most common way to obtain personal jurisdiction over a party is to have that person personally served with the Complaint for Divorce. If aspouse cannot be located after the due diligence of the spouse seeking a divorce, then there are other methods that a court may approve, such as “service by publication” in a newspaper.

Contact Viloria, Oliphant, Oster & Aman L.L.P.

At Viloria, Oliphant, Oster & Aman L.L.P. we provide top class family law representation to people who wish to end their marriage in Nevada. Our attorneys are smart, compassionate, and have a reputation for excellence. If you want to end your marriage and want a strong advocate on your side, contact us today. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.

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