Legal Question in Family Law in Nevada

Divorce

If I'm seeking divorce after my husband has left, (currently separated, but still legally married)) Does the divorce go by state law were residing in, or by the state we were married in? And if he is unable to be located, and/or denies divorce what would be my rights/entitlement? (If he's employed) As now I am currently a single mother.

Thank you.


Asked on 10/11/04, 10:14 pm

2 Answers from Attorneys
Anita Webster Webster & Associates

Re: Divorce

The divorce will proceed in the state where you are a resident. If you cannot locate your husband you have to make a good faith attempt to locate and serve him. If you cannot locate him and/or serve him you can ask the court to grant you leave to serve him by publication. Once he is served, he has 20 days to respond. If he doesn't respond in 20 days, you can default him and get a divorce and division of the property and debt. Please free to call with any questions.

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Answered on 10/12/04, 1:02 pm
James Smith James E. Smith Ltd.

Re: Divorce

Divorce goes by the state you file divorce in and live in. If you cannot personally serve him or he is out of the jurisdiction you can still get a divorce by publication. The Court just can't divide up any property and debt. If you have the child in your physical custody you can obtain custody as well.

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Answered on 10/12/04, 10:54 am


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