Legal Question in Family Law in Nevada

Divorce and custody issues

I am a Canadian citizen, a registered nurse. I want a divorce, which in Canada is sometimes quite lengthy to obtain (one year separation before you can file). I would like to know if my husband and I move to Nevada, would I be able to file after the 6 weeks residency requirement is met? Would custody then be decided in Nevada instead of in Canada, as we would have both been residing in Nevada together? Does Nevada have any laws regarding spousal abuse and child visitation? This is an area in which I find Canada to be severely lacking, husband has physically threatened me with a knife, and apparently Canadian courts find this has no bearing on child custody or visitation. I also would like to know approximately how long he could fight the divorce in Nevada, how long would it possibly take after filing? Thanks for any answers you can provide.


Asked on 1/03/03, 9:25 am

1 Answer from Attorneys
Anita Webster Webster & Associates

Re: Divorce and custody issues

To get a divorce in Nevada you would need to reside here for at least 6 weeks and you would need to testify that it was your intent to remain in Nevada for at least an indefinite period of time. The Uniform Child Custody Jurisdiction Act provides that child custody matters will be decided in the state where the child has resided within the last 6 MONTHS. Practically all Clark County Judges take that to mean that the child has to reside in Nevada for 6 months before the court has jurisdiction to decide custody or even confirm an agreed upon custody arrangement. Unless you can meet these criteria it probably will not benefit you to come to Las Vegas. If you have any other questions, please feel free to contact me at 702 562 2300.

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Answered on 1/03/03, 12:01 pm


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