Invalid divorce complaint filed

Asked over 2 years ago - Las Vegas, NV

My wife filed a complaint for divorce back in December 2011. According to Nevada state law, a person filing for divorce must reside in the state for at least 6 weeks prior to filing for divorce. My wife was not in the state for 6 weeks and I have proof she was not. She has not resided in the state of Nevada for more than 3 consecutive weeks in the past 16 months.Her attorney did not know this until yesterday. Should he or will he continue to represent her if she filed a false complaint that can be proven as such?In addition, knowing that the complaint for divorce is invaild, how do I get my divorce finalized?

Attorney answers (3)

  1. Jill K. Whitbeck

    Pro

    Contributor Level 18

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    Answered . If you do not want to be divorced, or you do not want your divorce done in Nevada, then you need to file a motion to dismiss based on lack of jurisdiction for your spouse not having met residency requirements. If you want to be divorced, and believe you can reasonably get that done in the pending Nevada action, then get it done. The case has been pending for a very long time, and you only have 20 days from when you served with papers to file your responsive documents, so I am concerned that there is much more going on here than appears in your question. You certainly need to consult with a Nevada attorney regarding Nevada legal issues.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  2. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

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    Answered . I would definitely consult an attorney in person. If you want to be divorced and you live there there may be a provision that either party has to live their for t6 weeks before one of them files. I do not know the law of Nevada but I do think you need to check with a divorce lawyer in person. Most lawyers will offer you a free consultation. The lawyer you select will be able to figure out how to keep either her case pending or instruct you about filing you own case. Either way you will be able to get divorced.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At... more
  3. Malik W. Ahmad

    Contributor Level 13

    Answered . She can refile the divorce after completion of 6 weeks which she had now, if not before. What defense you would have then? Plus, you need to hire attorney to prove all that. That would be bit expensive along with more turmoil in your life. Nevada considers itself a no fault state when it comes to Divorce. It means there is no special reasons need be provided to the court for divorce. Hire an attorney, because this forum have limited approach to everything, and also a licensed attorney can stop your present miseries in the form of a paper called divorce--at least less misery than a total misery.

    Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation.... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce Decree

A divorce decree is the order a judge will issue that finalizes a divorce after proceedings have ended.

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