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

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?

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?

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Attorney answers 4

Posted

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?

Asker

Posted

Jane's attorney is adamant that what Richard responded here is the case, and Jon' s attorney is adamant that what you, Gregory, responded here is the case. This is what I am confused about and am looking for some resolve to. Gregory: if Jon was, in fact, never in Nevada and that was not investigated because Jane at the time of divorce was cooperative, can California law now investigate that? Jon's attorney said it was a mistake to even respond to the papers he was served in California because that has now given California jurisdiction to investigate. Jane initially divorced not asking for anything and she quit claimed their properties to Jon (which she now regrets), what she wants now is a California divorce where she is granted spousal support and a division of the properties they had during marriage.

Posted

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

Gary Ralph Ilmanen

Gary Ralph Ilmanen

Posted

I think Jane and Jon should change their names to Harry and Wilma.

Posted

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 will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.

Posted

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 analysis of your case. I would need additional information and to review the exact documentation to be sure of the above advice. The answer above does not create an attorney/client relationship and does not require me to answer any future questions.

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