Legal Question in Family Law in Nevada
She lives in OH, He lives in CA, married in Nevada two months ago She wants deso
I live in Ohio, He lives in Calif. We married on Feb. 7, 2004 in Las Vegas, Nevada. I want a desolution because issue on his side were misrepresented and a 15 yr old expects to have complete control and has no limit to how far she will go to get it.
We 10 months before we were married and travelled back and forth between states to see each other. We planned that he would quit his job of 23 years and move to Ohio with his two daughters 12 and 15. The mother is out of the picture at this time. The 15 year old even though she has a wonderful heart...has a severe anger and way of demanding complete control of everything...He says he wants to dicipline her...and she has changed alot...but, on this last trip of 10 days when she and here sister met my family for the first time...she exploded many times in very unacceptable ways, for instance even sneaking out of the house when she was sent to the room she was staying in for the trip. During many conversations with my husband...many falsehoods were revealed and I simply do not want to stay in this marriage. How do we disolve this marriage, since we married in Nevada, and each of us still lives on our own state? I really don't think he should quit his job for something this shaky.
2 Answers from Attorneys
Re: She lives in OH, He lives in CA, married in Nevada two months ago She wants
The place of marriage has no relationship to the state that has jurisdiction over a divorce. You basically must obtain a divorce in the state of your residence, regardless of where the marriage took place. In order to obtain a Dissolution, both parties have to agree to a settlement and both have to appear in court and confirm that they want to end the marriage. In your case, I would suggest that you simply file for divorce in Ohio. His cooperation would then not be needed.
Re: She lives in OH, He lives in CA, married in Nevada two months ago She wants
While a 6-week residency is required for a divorce, an annulment is available with no residency requirement if the marriage took place in Nevada. One of the grounds for annulment is fraud--representation of material facts that induced you to enter into the marriage which you found, after the marriage, to be untrue and, had you known the true facts, you would not have married.The facts stated in your question seem to be adequate to establish the grounds for annulment.This is a relatively easy and quick procedure so long as there is no formal opposition by your husband. Ideally, he would consent to the annulment avoiding the necessity for service of process which is an additional expense and necessarily delays the proceeding. A Petition can be filed anywhere in the State of Nevada and I would be happy to represent you in this matter. My office telephone number is (775)882-6878.
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