How Long Do I Have to Live in Nevada to Get a Divorce?
It’s the most famous (or infamous) part of Las Vegas law: the “quickie” divorce.
People from all over the world hear about it. They think they can fly into Vegas on a Friday and fly home divorced on a Sunday.
Is it true?
We are the team at The Law Offices of Michael I. Gowdey. For over 30 years, our award-winning lawyers have practiced law here in Las Vegas. We’ve helped thousands of people get divorced.
And the answer is: Yes, the “quickie” divorce is real. But it is not instant.
You can’t just land at Harry Reid Airport and go straight to the courthouse.
Nevada has a very specific rule about who can get divorced here. It’s our “residency requirement.” And if you get this one, tiny part wrong, a judge will throw out your case, and you will have to start all over.
This page will explain, in plain English, exactly what you need to do.
What is the 6-Week Residency Rule in Nevada?
The law in Nevada is simple. It’s written in NRS 125.020.
The law says that before you can file for divorce, you OR your spouse must have physically lived in the State of Nevada for at least six (6) weeks.
That’s it.
Let’s break down what this means.
Only One of You
You do not both have to be residents. If you have lived in Henderson for 10 years, but your spouse lives in California, you can absolutely file for divorce here.
"Physically Lived Here"
This doesn’t mean you must own a house. It just means you were “present” in the state. You could be living in an apartment. You could be staying with family. You could even be staying in an extended-stay hotel.
Six Weeks
It’s a very short time. This is why people come here from all over the country. They can move to Las Vegas, get a temporary place, live here for 6 weeks, and then file. It is often much faster than their home state (like California, which can have a 6-month waiting period).
But here is the catch. And it is the most important part…
What is a “Corroborating Witness”? (This is the Non-Negotiable Part)
You can’t just tell the judge you’ve lived here for 6 weeks. The judge will not believe you.
You are required to have proof.
This proof is called a “corroborating witness.”
This is a different person (not you, not your spouse) who can swear to the court that they have seen you living in Nevada.
Who can be a witness? It must be another Nevada resident. It can be:
- A friend
- A family member
- A co-worker
- A landlord
What does this witness have to do? Your witness must sign a legal document called an “Affidavit of Resident Witness.”
This is a one-page, sworn statement. It’s very simple. The witness just fills it out, signs it in front of a notary, and swears to the following:
- “I am a resident of Nevada.”
- “I know (Your Name).”
- “I know for a fact that (Your Name) has lived in Nevada for at least the last six weeks.”
That’s it. This one, signed piece of paper is your “golden ticket.” It is the proof the judge needs to approve your case.
The “Little-Known” Fact About This Witness
This is a detail that trips people up all the time.
Your witness does not have to have seen you every single day for 6 weeks. They just have to have seen you with enough “frequency” to know you live here.
For example, your co-worker who sees you at your office in Las Vegas three days a week? They are a perfect witness. Your neighbor who sees you getting your mail? Perfect. Your aunt who you have dinner with every Sunday? Perfect.
If you are filing a “Joint Petition” (an uncontested divorce), this one Affidavit is all you need. If you are filing a “Contested” divorce, your witness may have to show up in court for a short hearing to testify.
What if I’m Not a Resident, but My Spouse Is?
This is a common question. Let’s say your spouse moved to North Las Vegas for a new job a year ago, but you stayed in Texas.
Can you file here?
Yes. Remember, only one of you needs to meet the 6-week rule.
If your spouse is the one who lives here, they can file a “Complaint” for divorce and serve you with the papers in Texas.
Or, if you both agree on everything, your spouse can be the “Resident” for a “Joint Petition.” We can send you the papers in Texas. You can sign them in front of a notary. You never have to set foot in Nevada.
Why You Need a Lawyer Even for This “Simple” Rule
This all sounds so easy, right? Just 6 weeks and one signature.
So why hire an award-winning law firm with 30+ years of experience?
Because a judge will reject your entire case if this one piece of paper is wrong.
Our team has seen this happen hundreds of times. People try to “do it themselves” to save a few bucks. They go to the Clark County Self-Help Center, download the wrong form, and the judge rejects it.
- They get the dates wrong.
- They don’t get it notarized.
- The witness’s statement is “weak.”
Now, their “quickie” divorce is denied. They are still married. They have to start all over from scratch.
When you hire our team, you are not paying us to “file a form.” You are paying for peace of mind.
- We make sure you have the 100% correct affidavit.
- We make sure your witness’s statement is “bulletproof” for the judge.
- We handle the filing, the notary, and the entire process.
- We make sure your divorce is DONE. Right. The first time.
This residency rule is the “front door” to your divorce. Don’t get stuck on the porch because of a paperwork mistake.
Key Takeaways: What to Remember
- The Rule is 6 Weeks: You or your spouse must live in Nevada for at least 6 weeks before filing.
- The Proof is the Witness: You must have a “corroborating witness” who is a Nevada resident.
- The Document is the Affidavit: This witness must sign a sworn, notarized “Affidavit of Resident Witness.”
- Only One of You Needs to Live Here: You can get divorced in Las Vegas even if your spouse lives in another state.
- Don’t DIY This: A small mistake on this one form will get your entire case rejected. A lawyer makes sure it’s done right.
FAQS
10 Common Questions About Nevada’s Residency Rules
1. I'm in the military at Nellis AFB. Do I count as a resident?
Answer: YES. And this is a huge benefit. If you are active duty and stationed at Nellis or Creech, you are considered a Nevada resident. You do not have to wait 6 weeks. You can file today.
2. I just moved here. Can my new boss be my witness?
Answer: No. Your witness must be someone who has known you for the entire 6 weeks. They have to be able to swear they’ve seen you.
3. What if I just moved here and don't know anyone?
Answer: This is a common problem! You have to wait. You have to live here for 6 weeks and make a connection. Go to the same coffee shop. Make friends with a neighbor. This is a strict rule, and there is no way around it.
4. Does my witness have to go to court?
Answer: For an uncontested “Joint Petition,” no! Their notarized Affidavit is all the judge needs. For a contested case, yes, the judge will likely want to hear them testify in person.
5. I live in Pahrump (Nye County). Can I file in Las Vegas (Clark County)?
Answer: No. You must file in the county where you or your spouse lives. If you live in Pahrump, you file in Nye County. If you live in Henderson or North Las Vegas, you file in Clark County.
6. I have a Nevada Driver's License. Isn't that enough proof?
Answer: No. A driver’s license just shows your intent to be a resident. It does not prove you have been physically present for 6 weeks. You still need the live witness.
7. My spouse and I are both here on a 3-week vacation. Can we get divorced?
Answer: No. A vacation is not “residency.” You must be “domiciled” here, even if it’s just for 6 weeks. You must have an “intent to remain.” A judge will see right through this.
8. What's the fastest I can get divorced?
Answer: 1. Move to Nevada. 2. Wait 6 full weeks. 3. Have our team file a perfect Joint Petition (where you agree on everything) on Day 43. 4. A judge will sign it about 1-2 weeks later. Total time: about 8-10 weeks from the day you move here.
9. My spouse filed in California, but I've lived in Las Vegas for a year. What happens?
Answer: This is a “jurisdiction” fight. You need to call us immediately. We will file our own “Complaint for Divorce” here in Clark County. The first state to “properly” file and serve is usually the one that gets the case. Nevada’s laws (especially on community property) are very different from California’s. You want your case heard here.
10. How do I find the best divorce lawyer near me to handle this?
Answer: Look for a team that knows the local rules. When you call, ask them about the “Affidavit of Resident Witness.” If they don’t know exactly what you’re talking about, hang up. You want a team with 30+ years of experience in the Clark County courthouse.