QUESTION

Can I cancel my divorce in California and start it up in Las Vegas?

Asked on Apr 24th, 2014 on Divorce - Nevada
More details to this question:
I was married in California and I started my divorce in California. I reside in Las Vegas, Nv. now and I have been here for 3 1/2 years. This divorce has been in limbo since 2009 and I ready to get it done. Is it legal to cancel out the divorce in California and start it back up here in Las Vegas since I am a resident? Is there attorneys here in Las Vegas that can help me with the divorce I've already started?
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1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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In reverse order, while there are lots of Nevada lawyers also admitted to practice in California (I am one of them), it is not usually a good idea to hire an attorney in one state to do something in another -- there are too many local rules, matters of procedure, etc., and it is usually faster, easier and cheaper for a local lawyer to do something in a local court.  So you could simply hire a CA lawyer to finish the case while you live here. If it has been languishing that long, the CA court there may have already dismissed the CA action as stale and unprosecuted; you should call the clerk's office in the relevant county and ask. Then there is the matter of jurisdiction.  I do not know what is at stake in the divorce action -- if only status (i.e., married or not) it makes little difference, but if there are property, debt, support, or child issues of any kind, the NV court probably would not have jurisdiction to resolve them. You probably need at least a short consultation with a qualified family law attorney, here or there, or at least to go over matters at the Thursday afternoon Ask a Lawyer clinic at family court.
Answered on Apr 27th, 2014 at 3:24 PM

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