QUESTION

How long is the waiting time for filing abandonment and desertion if the spouse is in the Philippines?

Asked on Jan 22nd, 2014 on Divorce - Nevada
More details to this question:
I need to know what the wait time is in Clark County, Nevada and the first steps to take when the spouse is in the Philippines.
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2 ANSWERS

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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There IS no "wait time." And both "desertion" and "abandonment" are largely irrelevant in modern divorce practice in Nevada. The short answer is that if you live in Nevada, have done so for 6 weeks, and believe that you are incompatible in marriage with your spouse, you can file at any time. When a spouse is absent, you can arrange to serve them overseas, or (in some cases) "serve" by publication. For details, consult with a family law specialist.
Answered on Jan 23rd, 2014 at 5:13 PM

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Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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There is no such thing in Nevada as a divorce by abandonment or desertion, as we are a no fault state. The only grounds you need are incompatibility (or living separate and apart 2 years). You need to have Nevada residency, file the papers, and get your spouse served. If you don't know where your spouse is located to be served, you need to seek an order to publish service, which requires full due diligence detailed by affidavit. The "wait time" depends on how fast you can get your spouse served with papers, and then whether or not he responds to contest the action. If he responds, your divorce can easily take 6 months to a year. The absolute fastest way to get a divorce done is by agreement through the Joint Petition process, which requires that your spouse sign off on all paperwork. If you want to make sure things are done as quickly and efficiently as possible, hire an experienced attorney.
Answered on Jan 23rd, 2014 at 5:13 PM

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