More details to this question:
In Nevada, my judge issued orders, judgments and spousal arrears and warrant with bail for my ex. He is constantly behind in child and spousal support and is in violation and in contempt on many things. He is unresponsive. He also has past judgments I need to be collected. He is now living in CA. I was told that I had to transfer the case to CA to enforce these orders. I also filed a case with the DA in NV to have the child support garnished, possibly attaching the spousal issues onto it. I have been interviewing several CA attorneys and NV attorneys and I keep getting different starting routes. I was told my NV attorney has to implement it and send it to a CA attorney that is willing to receive it. I do not want to hire an attorney if I am going to be running in circles. I need a solid starting point. A divorce attorney licensed in both CA and NV would be a great. Where I should begin and can one attorney handle the entire case?
1 ANSWER
Actually, there is no such thing as "transfer" of a case; there are processes for registration and enforcement of one state's orders in another, and in certain circumstances, jurisdiction to modify orders can change. Unfortunately, most people -- and even many attorneys -- are not familiar with the relevant rules. For a recap, see "The Basics of Family Law Jurisdiction" posted on Published Works: http://www.willicklawgroup.com/published-works/.
While it may seem logical, it is usually not practical to have an attorney licensed in both states handle such cases. For example, I am licensed in both states, but it is almost always more economical to have a local attorney who can easily (and inexpensively) walk to the courtroom do any local enforcement proceedings.
The D.A.'s office has procedures for inter-state enforcement, but that bureaucracy is notoriously slow and inefficient. Additionally, it is possible for even a private attorney to issue an interstate wage assignment, if you know where your ex is working.
It is unclear why you are getting different stories; it might be best to confer with a knowledgeable family law specialist in Nevada to gain a full understanding of your options and their relative costs and benefits.
Answered on Feb 20th, 2016 at 3:24 PM