hello

[waters]

What is the name of your state (only U.S. law)? Well this is my question I have filed for Divorce in Nevada< I work in California and commute to Nv. I have had a witness sighn the divorce papers ect. saying I lived in this area for 6 weeks and more. and they went out to be served to my wife in California , were we got married 6 years ago...But it still has not been served? 5 weeks now?. Anyway, For some reason she got wind of this and is avoiding the servers. So at this point I am in California working and I get served papers from her, divorce papers? from a California laywer and have 30 days to respond?..Didn't I have juristriction in Nevada? Or is she able to serve me these papers in California, Because she did not get served? would't she have to get a Nevada lawyer. or is she trying to pull something here? please respond as soon as you can.To let me know we have nothing together except 2 cars which I was happy to split up , even though . and she makes more money than me? thank you for your help.

[Proserpina]

Originally Posted by waters

What is the name of your state (only U.S. law)? Well this is my question I have filed for Divorce in Nevada< I work in California and commute to Nv. I have had a witness sighn the divorce papers ect. saying I lived in this area for 6 weeks and more. and they went out to be served to my wife in California , were we got married 6 years ago...But it still has not been served? 5 weeks now?. Anyway, For some reason she got wind of this and is avoiding the servers. So at this point I am in California working and I get served papers from her, divorce papers? from a California laywer and have 30 days to respond?..Didn't I have juristriction in Nevada? Or is she able to serve me these papers in California, Because she did not get served? would't she have to get a Nevada lawyer. or is she trying to pull something here? please respond as soon as you can.To let me know we have nothing together except 2 cars which I was happy to split up , even though . and she makes more money than me? thank you for your help.

Does it matter who gets served first?

[waters]

yes I did this first in Nevada , By law does she not have to get a Nevada lawyer? What I am asking is how can she possible serve me?..it says in these papers something of the sort, of dissolving papers I had done in Nevada?..She wants to take this to Cali. I have juristriction don't I?

[LdiJ]

Originally Posted by waters

yes I did this first in Nevada , By law does she not have to get a Nevada lawyer? What I am asking is how can she possible serve me?..it says in these papers something of the sort, of dissolving papers I had done in Nevada?..She wants to take this to Cali. I have juristriction don't I?

She has not been served. Therefore your Nevada case cannot go anywhere. You on the other hand, got served with a CA case.

If there is no property to divide other than two cars, and you WANT to get divorced, then why does it matter if NV or CA hears the case?

[waters]

It takes 20 days, once she is served. in Nevada It takes 6 monthes in California, That is a big difference to me

[LdiJ]

Originally Posted by waters

It takes 20 days, once she is served. in Nevada It takes 6 monthes in California, That is a big difference to me

Here is the deal. If you manage to serve her with the NV case, then you are going to have to fight a jurisdictional battle, you will need an attorney, and it could easily take more than 6 months just to fight out jurisdiction.

Then, if its determined that you did not really permanently move to NV, but only established an address in NV for the purpose of trying to establish jurisdiction there (forum shopping), then you could lose the jurisdictional battle and end up having to divorce in CA anyway, which means that your divorce could take a full year.

[Proserpina]

Originally Posted by LdiJ

Here is the deal. If you manage to serve her with the NV case, then you are going to have to fight a jurisdictional battle, you will need an attorney, and it could easily take more than 6 months just to fight out jurisdiction.

Then, if its determined that you did not really permanently move to NV, but only established an address in NV for the purpose of trying to establish jurisdiction there (forum shopping), then you could lose the jurisdictional battle and end up having to divorce in CA anyway, which means that your divorce could take a full year.

In a nutshell!

[waters]

well I do live there and commute, So we will take it from there,

[mistoffolees]

Originally Posted by Dogmatique

Does it matter who gets served first?

In this case, maybe. One person is filing in NV and the other is filing in CA. The laws are quite different and there could be substantial differences in property division, alimony, and child support.

Of course, it's too late now since OP has been served and stbx has not, so CA will win out. Even if he fights a jurisdiction battle, CA is likely to win.

He could argue that CA has no jurisdiction over him personally, but since he works in CA, I don't know if that would fly.

[Proserpina]

Originally Posted by mistoffolees

In this case, maybe. One person is filing in NV and the other is filing in CA. The laws are quite different and there could be substantial differences in property division, alimony, and child support.

Of course, it's too late now since OP has been served and stbx has not, so CA will win out. Even if he fights a jurisdiction battle, CA is likely to win.

He could argue that CA has no jurisdiction over him personally, but since he works in CA, I don't know if that would fly.

There are no kids, only two cars and little else - and both parties appear to want the divorce.

[mistoffolees]

Originally Posted by Dogmatique

There are no kids, only two cars and little else - and both parties appear to want the divorce.

That's true, but it could still make a big difference.

For example, CA is well known for awarding alimony (not to be confused with family maintenance for Jetx) even in short term marriages. Nevada does not.

For property division, they're both community property states, but the rules are slightly different, so in some cases, there could be differences.

In any event, it's too late to cry over spilled milk. This one's going to happen in CA unless they can reach an agreement to drop it and refile in NV.

[LdiJ]

Originally Posted by Dogmatique

There are no kids, only two cars and little else - and both parties appear to want the divorce.

Seriously...this one is a no brainer unless there is something that the OP isn't telling us, and I cannot imagine what that could be.

[Proserpina]

Originally Posted by LdiJ

Seriously...this one is a no brainer unless there is something that the OP isn't telling us, and I cannot imagine what that could be.

I can imagine some scenarios which might not be pleasant for OP should he have to wait for a divorce....

We can only hope it's nothing bad.

[waters]

NO.. Well just that I was hopeing to get a home, When my divorce became final, with the new tax credit extended to April... But this will take alot longer than that, Oh well .... But I do have to say now I have to get a lawyer We have been separated for a year...Anyway She has two part time jobs an one she makes 20 the other 30 something ... I only make 18 an hour, I thought I was being fair spliting the cars, gave her all furniture ect.. I was takeing my own car, thats it!.. But she wants blood out of a stone. Or at least for me to empty my pockets. I put her through school too, my gosh were is the justice.?

[Proserpina]

Originally Posted by waters

NO.. Well just that I was hopeing to get a home, When my divorce became final, with the new tax credit extended to April... But this will take alot longer than that, Oh well .... But I do have to say now I have to get a lawyer We have been separated for a year...Anyway She has two part time jobs an one she makes 20 the other 30 something ... I only make 18 an hour, I thought I was being fair spliting the cars, gave her all furniture ect.. I was takeing my own car, thats it!.. But she wants blood out of a stone. Or at least for me to empty my pockets. I put her through school too, my gosh were is the justice.?

Go have that consultation with an attorney.