This is the next post in my series on the topic of filing for divorce in Las Vegas, Nevada as a nonresident. My last article discussed the common question of whether a nonresident can establish residency to file for divorce Nevada. It is important to remember that in order to file for divorce in the state, you must actually be a resident of Nevada. You cannot just vacation in the state for six weeks and then file for divorce. You should be able to prove to the Court that you are actually living and working in the state. In this article I will be discussing how to handle a Nevada divorce when you are not in the state. If you or a family member are seeking to obtain a divorce then contact my office today to speak with a Las Vegas lawyer.
A Nevada divorce can easily be handled remotely but both spouses must attend in person if there is a trial
At least one spouse must be a resident of Nevada in order to file for divorce in the state. If only one spouse is actually a resident, the other one may be concerned that it will be difficult to deal with the divorce process. However, after the Covid-19 pandemic, Nevada Courts officially decided to remain virtual. As a result, it is simpler for a divorce to take place when you are not in the state. This is the case whether you are the spouse living in a different state or the spouse residing in Nevada, but traveling. The only reason both spouses may need to be present in the state is if a trial must take place.
If there is a trial, both spouses will be required to attend in person. Even though a divorce may seem different from other cases, it is still a standard legal proceeding. The same procedures that take place in all other cases will need to be followed in a divorce case. For instance, if the opposing party requests discovery, you will be required to cooperate. Moreover, you will be expected to attend all hearings remotely. Therefore, you may be able to participate in all steps of the divorce proceeding while residing in a different state if you are okay with traveling to Nevada to attend the trial in person. It should be highlighted that a divorce trial typically only lasts one to two days so you would not need to stay in the state for an extended period of time.
It is important to consult with counsel when deciding to file for divorce in Nevada while living out of state
Since most steps for seeking a divorce can be handled remotely, it is relatively simple to file for divorce in Nevada while not residing in the state. Of course, your spouse must be a resident of the state in order to do so, but you can still deal with the process if you are not a local. Typically, Nevada Courts will not have jurisdiction over child custody or support issues. However, if you are consenting to the Court’s jurisdiction, it will be able to rule on such matters. As a result, filing for divorce even if you are out of state may be a quick and easy way to obtain a divorce.
It is crucial to seek the advice of experienced counsel when filing for divorce, especially if you are doing so out of state. Family law attorneys are skilled at interpreting the law of the state and arguing in your favor. I am a Las Vegas divorce lawyer who devotes her practice to the handling of domestic relations law. I understand that the end of a marriage is a serious time in one’s life and I will give your case the attention it deserves. If you or a loved one are considering filing for divorce then contact my office online or by telephone today to schedule an appointment. I look forward to speaking with you.
