Legal Question in Family Law in California

ME, wife & 7yr old daughter live in north CA (married 11 years). Can i file divorce in NV, by staying in NV fr 2-3 mnth(alone), while family in CA?

Asked less than a minute ago - Reno, NV.

i have been married for 11 years, and if i file in CA i will end up paying alimony lifetime. I don't that, i can pay for certain years or till my wife is re-married and i can pay child support as long as needed.


Asked on 6/11/15, 3:25 pm

1 Answer from Attorneys

i don't know what the residency time limit is for NV. In CA you must live in the state for the six months immediately preceding filing for divorce, and three months in the county you file in. NV may be different.

That doesn't do you much good, however, if your child doesn't move with you. Under the Uniform Child Custody and Jurisdiction and Enforcement Act, California has jurisdiction over children who reside there. So unless your wife voluntarily agreed to proceed in NV, the CA courts would have primary jurisdiction and she could pretty much automatically get any case you file in NV transferred to CA or dismissed.

You also seem to have some confusion about support, though. For example, if you get divorced and your wife gets support, it doesn't continue if she remarries, and you can even get it cut off or reduced later on if you can prove she has entered into a "romantic cohabitation" but isn't getting married just to keep the support going. Also, if she is capable of working, you don't have to pay full support indefinitely. You can get an order that she find work or the support will be reduced to the amount it would be if she was working, unless she proves every 90 days or so that she is trying to find work and can't.

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Answered on 6/11/15, 3:39 pm


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