Legal Question in Family Law in California
Uncontested divorce & moving from CA to NV
My spouse and I are filing for divorce after 8 years of marriage. We are both California residents, don�t have children, and will be reaching an amount agreement for my spousal support. I plan on moving from CA to Nevada after 1/1/2012. I want the divorce to be final as soon as possible and with the least amount of complications. If I file for divorce in CA now (by 11/1/2011) and then move to NV in January, will that affect the processing of my divorce? Or should I wait to file the divorce until after I move to NV and have established the 6-weeks residency requirement there for divorce filing?
1 Answer from Attorneys
I am not an Nevada attorney, and cannot give you advice on Nevada law, but it appears to me that you must live in Nevada for six weeks, as you say, before filing for divorce, and then there is no waiting period for the divorce to be processed to finality. I am told that can take as little as two weeks. If you file in California, you already meet the six-months California residency requirement, so you can file immediately, but California requires you to wait six months after you serve the respondent spouse, before your actual judgment of dissolution can be entered. If you file in California and move to Nevada, there is no reason you cannot just complete your case in California, travelling from Nevada if necessary (not likely since an uncontested divorce can usually be done without court appearances), but you would still be subject to California law. So if statutory time limits are all you care about, then simple math says NV would be the place for a quicker divorce. The big caveat in all this, is that if your spouse does not want the divorce to proceed in Nevada for any reason, just because Nevada has jurisdiction over you doesn't mean it has jurisdiction over them. So unless they voluntarily respond to the Nevada case and proceed there rather than contesting jurisdiction, Nevada may not be able to give you a divorce and you would then have to start over in California.