Legal Question in Family Law in Nevada
State Jurisdiction laws
My husband resides in Nevada and left Idaho eleven months ago. He has recently filed for divorce in Nevada and has filed thru publication hoping I would not see the filing and would default. He is asking for the property I reside on that we had agreed to split evenly. He knew I was away in California and wouldn't get the letter that was sent.
Can I challenge jurisdiction and file against him in Idaho (Complaint of divorce)? What are the laws pertaining to jurisdiction in this case? Also can I file abadonment against him?
1 Answer from Attorneys
Re: State Jurisdiction laws
If you have never lived in Nevada, he lacks jurisdiction over you in Nevada. You should most definately challenge jurisdiction over you in Nevada. If there is no jurisdiction over you in Nevada, the only thing the court will grant him is a divorce and no distribution of property and debt. Alternately, you may decide to go foward with the divorce in Nevada, but with your input.