Legal Question in Family Law in Nevada

Re: filing contested divorce

You must have lived in Nevada at least 6 weeks immediately before fiing a divorce complaint. Since you moved to Illinois, you cannot file a divorce complaint in Nevada.

Your wife will have to file as the plaintiff (the person asking for the divorce).

You would have to check with an Illinois attorney regarding residency requirements there and what it would take to file for divorce in your new home state.

There is nothing to prevent you from filing a Compalint for custody or visitation in Nevada. By doing this, you would ask for the court's assistance in determing custody and a workable visitation agreement.

Re: filing contested divorce

You don't have to wait for her to file. You can file for divorce in Nevada. If you have any questions about the process including how to handle visitation with your son, contact an attorney. Find an attorney that offers a free consultation.

Re: filing contested divorce

Ms. Webster is correct. You can file a contested divorce in Nevada because your wife still lives here.

I mis-spoke in my prior post and apologize for any confusion this may have caused.

Re: filing contested divorce

Thank you for your inquiry to my office. If you and your wife wish to file a Joint Divorce you can do so very easily without having to go to Court. I would recommend that you hire an attorney to properly draft all your paperwork.

However, if you and your wife cannot agree on visitation you should definitely retain an attorney to protect your custodial rights; especially because you live out of state.

If you'd like to speak about your case further, please feel free to contact my office at your convenience.

Regards,

James Herbe, Esq.

702.307.1355

Re: filing contested divorce

If you have lived in IL for 90 days, you can file here. As part of the divorce, you can ask the court for an order establishing visitation. Please let me know if you have any further questions.