Legal Question in Family Law in Nevada

If a person files in a default for divorce in Nevada because the other party did not respond to the initial complaint, and the divorce decree made, and then 6 months later later serve the other person a new complaint regarding custody/support, is the divorce official as of the intial filing? Yet the matter of child custody/support/property now to be decided?


Asked on 9/29/11, 12:41 pm

1 Answer from Attorneys

James Smith James E. Smith Ltd.

This could happen if the Court only had jurisdiction only over the status of the marriage when the default was taken, and not jurisdiction over custody and support at that point in time. If jurisdiction over custody and support was acquired by the Court 6 months later because the children and the Defendant were now subject to the Court's jurisdiction then this could happen and be proper.

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Answered on 10/03/11, 11:32 am


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