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Filing for divorce help

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TeonTaisDad

Junior Member
What is the name of your state (only U.S. law)? NV

Hello. I live in Las Vegas, NV and have been married since Sept. 2002. My wife left about 3 years ago and lives with her parents in California with our 2 sons. Neither of us have ever filed for separation and really had no reason to continue being married, but continued just coparenting with them visiting me as often as I could have them and now I have decided that I must end our marriage, because we have no plan on ever being together. Whenever she is upset she uses them against me and keeps them from me and since we have no divorce settlement or agreement all we can do is fight about it and that's all we've been doing. I cannot afford an attorney as I am just newly employed after being unemployed for a while. My sister said she can help me fill out paperwork, but where do I file? Nevada, because I live here or California, because that's where she and our sons live? Also, I am trying to just have a settlement agreement with her and hope she agrees to it. Neither of us own anything at all. We just have our 2 sons. I live with my parents right now and she lives with hers. We are both young and just want out of our situation. Any advice will be helpful. Oh, and we both work and make about the same amount of money I think.

TNTD
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? NV

Hello. I live in Las Vegas, NV and have been married since Sept. 2002. My wife left about 3 years ago and lives with her parents in California with our 2 sons. Neither of us have ever filed for separation and really had no reason to continue being married, but continued just coparenting with them visiting me as often as I could have them and now I have decided that I must end our marriage, because we have no plan on ever being together. Whenever she is upset she uses them against me and keeps them from me and since we have no divorce settlement or agreement all we can do is fight about it and that's all we've been doing. I cannot afford an attorney as I am just newly employed after being unemployed for a while. My sister said she can help me fill out paperwork, but where do I file? Nevada, because I live here or California, because that's where she and our sons live? Also, I am trying to just have a settlement agreement with her and hope she agrees to it. Neither of us own anything at all. We just have our 2 sons. I live with my parents right now and she lives with hers. We are both young and just want out of our situation. Any advice will be helpful. Oh, and we both work and make about the same amount of money I think.

TNTD
You can file for divorce in NV, but NV will not be able to decide any matters regarding custody of the children. CA would have jurisdiction over custody matters as that is where the children reside. Therefore it may be better if the divorce is done in CA.
 

TeonTaisDad

Junior Member
You can file for divorce in NV, but NV will not be able to decide any matters regarding custody of the children. CA would have jurisdiction over custody matters as that is where the children reside. Therefore it may be better if the divorce is done in CA.
I didn't know I could file in California if I lived in Nevada. I think my wife is willing to make a settlement agreement. If we write that up and agree, would we still have to go to court? Again, we have no assets at all. I just want to divorce her, and she me, and set a visitation schedule and CS. What forms would I use?
 

mistoffolees

Senior Member
I didn't know I could file in California if I lived in Nevada. I think my wife is willing to make a settlement agreement. If we write that up and agree, would we still have to go to court? Again, we have no assets at all. I just want to divorce her, and she me, and set a visitation schedule and CS. What forms would I use?
Here's the rule in CA:
"A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition."

Since your wife has been there 3 years, you can file in CA.

As for reaching an agreement between yourselves, that is certainly acceptable and may save you a ton of money. HOWEVER, it is not valid until properly filed with the court and accepted by the judge. So reach your agreement, both of you sign off on it, and then ask the county clerk which forms you need to submit to have the decree finalized.
 

TeonTaisDad

Junior Member
Here's the rule in CA:
"A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition."

Since your wife has been there 3 years, you can file in CA.

As for reaching an agreement between yourselves, that is certainly acceptable and may save you a ton of money. HOWEVER, it is not valid until properly filed with the court and accepted by the judge. So reach your agreement, both of you sign off on it, and then ask the county clerk which forms you need to submit to have the decree finalized.
Okay. We'll do that. Thanks!
 

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