In order to be divorced in Nevada, the state Court must first have “jurisdiction”. In Nevada, the state court has jurisdiction if either the Plaintiff or Defendant has ”resided” in Nevada for the six weeks leading up to the filing of a Complaint for Divorce. This six week requirement defines “residency” and is often times abused by individuals from other states with more stringent divorce laws. It is not unusual for an individual to come to Nevada and set up a sham residence in an attempt to meet the residency requirements necessary to obtain a divorce.
If such jurisdictional conflict exists, it is crucial that you consult with an attorney immediately. Failure to raise jurisdictional objections prior to responding to a Complaint for Divorce or appearing in Court may result in you being subject to the jurisdiction of the Court regardless of such jurisdictional defenses, depending upon the individual circumstances of your case.
Stephanie B. MacKeen, Esq.
