Legal Question in Family Law in Arizona

Which state for lawyer representation

My ex-wife and I divorced in Arizona. She still resides in the same county in Arizona with my children. I moved to Nevada and due to some unfortunate incidents, I am forced to revise the child custody arrangement to extend to myself for full, as there is evidence I have found of negligence and abuse on her part. I do not wish to retain the same lawyer I had in Arizona, as he had admitted to me of feeling unfit with a divorce and children involved. I want to retain a lawyer from my state here in NV, and was wondering if there are any certifications she must have to handle and be qualified to represent me in this two-state fiasco. Being as other than my children I have no contact with anyone in AZ, I would like to find someone in NV I can present my findings and concerns to, and have someone I respect represent me. Is it just a matter of a new lawyer in NV accepting this position, or will I be forced to find a long distance lawyer in Arizona?


Asked on 8/27/08, 9:44 pm

3 Answers from Attorneys
James Smith James E. Smith Ltd.

Re: Which state for lawyer representation

Nevada has no jurisdiction over your wife or child. Hire another Arizona attorney.

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Answered on 8/28/08, 9:47 am
Jim Herbe Black & Lobello

Re: Which state for lawyer representation

Thank you for your inquiry.

You would not be able to modify the divorce decree in Arizona unless:

1) Your wife no longer resides in the State

2) Your children have lived outside of Arizona for at least 6 months

3) Nevada would only have jurisdiction to issue a temporary emergency order if there are immediate concerns.

Regards,

Jim Herbe, Esq.

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Answered on 9/03/08, 2:59 pm
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Re: Which state for lawyer representation

There is no question that if she remained here with the children the action needs to be filed here. No lawyer with any real concern is going to handle a case in another state (even if he or she was allowed by law to do so) without knowing the law in that state. The only way for this lawyer to assist you here is to apply to appear pro hac vice(standing in without taking the bar exam) but there are significant requirements to do this.

If you need someone to assist you, please feel free to contact my office. I am sure we can help.

Regards

Ronee

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Answered on 8/27/08, 10:54 pm


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