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Final Divorce in 2 states.

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T

t512smith

Guest
I live in California. My wife is in a rest home in Nebraska. Because of the cost, we have agreed to a divorce. I have filed in California. Nebraska law says the divorce is final when the decree is filed, except for remarriage(6 months) and appeals(30/60 days). California law says the divorce is final 6 months after court has jurisdiction. My attorney states that the court can issue a 'judgement' after my wife has been served, but it will not be final until the six months have passed. Will Nebraska accept a judgement as a decree?
 


I AM ALWAYS LIABLE

Senior Member
t512smith said:
I live in California. My wife is in a rest home in Nebraska. Because of the cost, we have agreed to a divorce. I have filed in California. Nebraska law says the divorce is final when the decree is filed, except for remarriage(6 months) and appeals(30/60 days). California law says the divorce is final 6 months after court has jurisdiction. My attorney states that the court can issue a 'judgement' after my wife has been served, but it will not be final until the six months have passed. Will Nebraska accept a judgement as a decree?
My response:

Yes.

IAAL
 
T

t512smith

Guest
Thank you for your reply. Does your answer imply that Nebraska would consider the divorce final when the judgement is entered?
 

I AM ALWAYS LIABLE

Senior Member
t512smith said:
Thank you for your reply. Does your answer imply that Nebraska would consider the divorce final when the judgement is entered?
My response:

Yes. Each of the 50 States has "reciprocity of laws" - - that is, each State recognizes the lawful acts and decisions of each of the other States. If you have met the requirements of one State and received an Order of that State, each other State is bound to follow that decision State. You may be required, however, to "domesticate" a particular judgment or order of another State, but once domesticated, the order is good in your State of Domicile.

IAAL
 

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