Legal Question in Family Law in Nevada
legality of Nevada court orders in NY state
My husband was unable to get a divorce in NY state because of lack of grounds.He is planning to get a divorce in Nevada.Can he get a divorce in Nevada without my agreement? If he gets a divorce in Nevada is it accepted in all states?Since Nevada is a community property state will it divide the assets in nys equally?Does the court system exclude an individual's separate property from this division?Are any court orders in Nevada in regard to property division legal in NY state?Are the court orders of Nevada recognized by NY courts?Are these enforcable in NY state and how?How can the Nevada courts make a reasonable decision about child custody issues that are in the best interest of the children when the plaintiff might not be telling the truth and not the whole truth?Is there a way a disgruntled spouse appeal the decisions of the Nevada court?In case the defendant tells the Nevada court that the spouse cannot be found instead of telling the truth that the spouse did not agree for a divorce in Nevada does the Nevada court make any attempt to verify this? How can one protect oneself from an unwanted divorce from Nevada or another state or Guam that may not be in the best interest oneself or the 2 mnor children?
Thanks.
3 Answers from Attorneys
Re: legality of Nevada court orders in NY state
If you receive proper Service or Notice of the Divorce in any state that has jurisdiction over the complaining spouse, you have the right to appear or respond. If you don't respond, your spouse may obtain a "Default" Divorce Judgment, that will be recognizable in NY. However, the marital estate or property in NY, continues to remain subject to NY jurisdiction.
Notwithstanding the above, settle this matter, ASAP. Re the divorce....get it; and stipulate re
whatever, child support or other payments necessary. Note, State formulaes for child support and property distribution re marriage, are fairly boilerplate.
What is the point in prolonging the agony?
GOOD LUCK,
PHROSKA L. McALISTER,ESQ.
Re: legality of Nevada court orders in NY state
If you have no ties to the State of Nevada and do not voluntarily file documents in the Nevada court, it is doubtful that a Nevada court can acquire jurisdiction over you to determine marital issues even if your husband resides in the State of Nevada for the required 6-week residency period. Further, under the Uniform Child Custody Jurisdiction Act (enacted both in New York and Nevada)and the Federal Parental Kidnapping Prevention Act, the Nevada court would have no jurisdiction to make any child custody orders. If he should file in Nevada, you should retain a Nevada lawyer immediately to make a special appearance to challenge the Nevada jurisdiction. If you have grounds for divorce under New York law, you should file for divorce there and we could request that the Nevada court defer to the New York action. In the meantime, even without any divorce action pending anywhere, and if you are separated, you should apply to your local child support enforcement agency for child support. Should your husband file in Nevada and falsely claim that the children reside in Nevada and that you cannot be found, you could seek relief to set aside the Nevada decree, either in the Nevada court or in New York.
Re: legality of Nevada court orders in NY state
a nevada divorcen without your consent is what is called voidable. Why don't you serve him first. you can call me to discuss at 516 466 LAWS
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