This is the next entry in my series on the common question of how to file for divorce in our state. My last article looked at the issue of whether someone can quickly file for divorce after moving to Nevada. It is important to understand that, while one may file a case after residing in our state for only six weeks, there are several issues which the Court may decline to rule on. This can result in the Clark County Family Court deferring to the jurisdiction of a judge in another state. It is strongly suggested that you speak with an experienced family law attorney before moving to our state in an attempt to obtain a “quick” divorce. In this article I will expand upon this discussion by addressing whether Nevada residents may wish to file for divorce in another state. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
As I have discussed in my previous articles, Nevada Courts may decline jurisdiction in cases where they cannot decide all of the relevant issues. Suppose, for example, that a husband resides in our state and has for some time after moving here from California. His estranged spouse and child, however, reside in California and have never been to Nevada. If the husband were to file for a divorce in our state then the mother would be able to file a competing action in California. In all likelihood, the Clark County Family Court would dismiss the Nevada action in favor of the California action. This is due to the fact that California would have jurisdiction of spousal support and child custody; Nevada would not have jurisdiction over these issues as the mother has never been in our state and the child has been in California for the last six months. This would mean that the husband would end up going through divorce proceedings in California. It is important to remember that how a Court will rule in any given situation is always going to depend on the specific facts of the case.
There are two situations in which a spouse may wish to file for divorce in another state. First, if the case is likely to involve claims related to alimony or child custody, then it is typically best to file in a state which can resolve all of the issues. If, however, the parties have only been married for a short time, have no children, and have no property to speak of, then there is likely no reason to not file in Nevada. Second, if you have no children, and both Nevada and another state will have jurisdiction over the issues, it is important to remember that Nevada is a community property state while many others are not. This can mean that where you file will impact how the Court will allocate assets and debts. Speaking with an attorney, therefore, can help with the determination of whether to file in one state or another.
If you are considering ending a marriage then it is important that you obtain sound legal advice. I devote my practice to the handling of domestic relations law and I am experienced in handling cases where the spouses live in two states. If you or a family member are in need of assistance then contact my office today to speak with a Las Vegas divorce lawyer. My office prides itself on providing a high level of service and I am looking forward to being of assistance.