Can You File Your Divorce in Nevada

Considering Divorce? We've helped 85 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Jurisdiction over a case is one of those legal concepts that clients fail to recognize. Jurisdiction is a legal concept meaning authority to hold judgment over a person. We are the United States of America which means we have 50 states that could have jurisdiction. For court orders to be valid or enforceable the court must have proper jurisdiction.

There are two types of jurisdiction relevant to family law in Nevada; 1) In personam jurisdiction, which is jurisdiction over the person, and 2) In rem jurisdiction, which is jurisdiction over the subject matter. A court may have jurisdiction over a person residing in Nevada, but not over the children because they live in Florida.

The basic requirement for jurisdiction is residency. In a divorce, child custody or family law matter the court requires six weeks of residency to have jurisdiction over a divorce and six months to have jurisdiction over child custody or child support issues. Residency is not defined by your drivers license or voter registration. To the Family Law Court residency is all about where you and children physically resided.

We often see some interesting jurisdictional issues. For example a couple with two children has always lived in Nevada. The have been separated for seven months, with one spouse continuing to live in Nevada, while the other spouse moved with the children to Texas seven months ago. In this example the spouse in Nevada could not properly file for divorce in Nevada because the Nevada court would not have jurisdiction over child custody or child support. The proper jurisdiction for this case would be Texas.

If the children had only been in Texas for three months then the spouse located in Nevada could file for divorce in Nevada. Because Texas's six month requirement for jurisdiction had not been met Nevada would still have jurisdiction.

In some cases the jurisdiction issues are so complicated that it requires a UCCJEA Conference. Under the Uniform Child Custody Jurisdiction Enforcement Act the judges would schedule a conference call to discuss which state should have jurisdiction. A good example of this would be if the Nevada spouse, in our previous example, had custody of one child and the Texas spouse had custody of the other child. Both states could have jurisdiction and if the couple filed for divorce in their respective states. The courts would need to decide who is going to have jurisdiction.

The importance behind jurisdiction is each state has different laws. These different laws regarding custody, child support figures, and community property could have a drastic effect on the outcome of the divorce. .

Stacy Rocheleau is owner and managing partner of Right Lawyers in Las Vegas, Nevada, Stacy specializes in family law, divorce, and child custody law. You may reach Stacy at www.rightlawyers.com or contact her at (702) 914-0400.

Considering Divorce?
Talk to a Divorce attorney.
We've helped 85 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you