QUESTION
Can my wife file for divorce in Nevada when we have not lived in Nevada since Oct 2009?
Asked on Jun 23rd, 2014 on Divorce - Nevada
More details to this question:
I am in the US Army stationed in Germany. Our home of record is Las Vegas Nevada. We were married in Oregon in Dec 1995. She filed for divorce stating that she has lived in Nevada for the 6 weeks imediately prior to this action (a lie). Is the divorce action legal or should it be not accepted by Nevada as they dont have jurisdiction in this case. My wife has resided in Oregin since she left us in Germany on May 1, 2014.
1 ANSWER
"Home of record" is not the relevant test (although many folks, including some lawyers and judges, think it is). You should do a bit of background reading, and then decide how you wish to proceed. To answer your question about how jurisdiction works, look at 3 things. The web site page:
http://willicklawgroup.com/grounds-and-jurisdiction/
Then parts of two articles. First, "The Basics of Family Law Jurisdiction," posted on the same page, and then the jurisdiction sections of "Divorcing the Military: How to Attack, How to Defend" posted at:
http://willicklawgroup.com/military-retirement-benefits/
Armed with that information, you should consider whether you wish to file a motion to dismiss her complaint. Feel free to communicate directly once you have an idea what you want to do, with any follow-up questions.
Answered on Jun 23rd, 2014 at 8:21 AM