More details to this question:
I was married in Texas, my husband moved to Nevada in February 2014 for work. I joined him June 2014, but now I want to file for divorce. Nevada has a law that at least one party must be living in Nevada at least 6 wks to file here, however, we have a son together and they require 6 mos residency of the child before granting custody. Should I file in Texas or Nevada?
1 ANSWER
If everyone has truly left TX, that State lost the ability to make a determination of child custody, despite it being less than 6 months since the move, UNLESS a custodial parent and the child moves BACK to TX before anyone files anything. See the article called "The Basics of Family Law Jurisdiction" posted at http://willicklawgroup.com/child-custody-and-visitation/.
And there are multiple reasons to file in one state, or the other -- for example, TX has essentially no alimony, so a spouse seeking alimony should do so in NV, not TX, if possible.
There are a lot of factors to consider; you would probably benefit from a full consultation with a family law specialist, either this office or some other, before making any decisions.
Answered on Jun 29th, 2014 at 12:26 PM