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Invalid divorce complaint filed

Las Vegas, NV |
Filed under: Divorce Divorce decree

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

Posted

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 Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.

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Peggy M. Raddatz

Peggy M. Raddatz

Posted

*there

Posted

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 consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.

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Posted

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. However, more fact may be required by your local attorney

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