Jon & Jane divorced in NV, Jane contested a year later & NV dismissed her protest. CA accepted her case, what are Jon's options?

Asked 7 months ago - Los Angeles, CA

Jane & Jon (residents of California) divorced (02/12) in Nevada, Jane asked no spousal support/property. Jon remarried Mary (03/12) in CA. In NV (01/13) Jane filed to void the NV divorce, but was dismissed because she exceeded the 6 month time limit to protest. Jane is protesting the NV divorce in CA saying Jon was not a domicile of NV & that Jon was not in NV for 6 weeks, and she is filing for divorce in CA. Jane's case has been accepted in CA, Jon responded & a trial date is set. Questions: 1) if Jon has no evidence he lived in NV 6 weeks (or if Jane has evidence that he did not) & Jon signed on the divorce app he did, what are the legal repercussions? (could he be charged with fraud/bigamy?) 2) can his divorce be invalid? 3) if his divorce is invalid is his new marriage invalid?

Additional information

Another question: if a divorce is amicable (which in Jane & Jon's case it was), and neither spouse asks the other for anything (which was the case with them; and, also, Jane quit claimed the properties to Jon), can one spouse later ask for reconsideration of that? - ie. can Jane ask for spousal support and division of properties now, even if their divorce is NOT invalidated?

Attorney answers (4)

  1. Richard Forrest Gould-Saltman

    Contributor Level 19

    4

    Lawyers agree

    1

    Answered . 1. The NV divorce is invalid, but it's unlikely he'll be charged with anything.
    2. Yes, probably.
    3. Yes, probably.

  2. Joseph Torri

    Contributor Level 16

    3

    Lawyers agree

    1

    Answered . I agree with my colleagues. Also, hiring an attorney is a good idea.

    This communication does not create an attorney-client relationship. This means that I am not your lawyer and I... more
  3. Gregory Paul Benton

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Back up. There is a valid case in Nevada ending the marriage. California can't invalidate a Nevada judgment. You said the case was "accepted" in CA. But if it is more accurately stated that a case was filed here in CA, then that is something different. If Jane filed her and Jon was served, then Jon can probably quash the petition by showing that a divorce was granted in NV. Plus, the CA court could likely, (if it doesn't quash the petition here) enter judgment nunc pro tunc here, thus making the divorce valid and the new marriage valid. But, what does Jane want at the close of the day? If she filed a case here for divorce, why not recognize the NV divorce?

  4. Robin Marie Estes

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . I'm afraid that I disagree with some of my colleagues. If Jon WAS a NV resident for six weeks, then it was a valid NV judgment. Even if Jon was NOT a NV resident, CA cannot invalidate a NV Judgment.

    It is possible that the NV judgment ONLY addressed the marital status. If that is the case, then you can "lodge" the NV judgment in CA, and CA can then address the remaining issues: ie property, child custody, support, etc. CA can address these issues, without invalidating the judgment in NV.

    Thus Jon's new marriage is STILL valid.

    I strongly recommend you speak to an attorney in your area immediately.

    Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough... 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 Court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

Avvo Staff

An Overview of Divorce Court Fees

Just as each state has its own requirements to successfully file for divorce, each state also has its own types of fees and rules for when they will be applied. You may find this overview... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,457 answers this week

3,138 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,457 answers this week

3,138 attorneys answering