8th Dec 09
Admin
My husband and I have lived in Idaho for 5 years. He moved to California (supposedly to work) in June. I got a job in Northern California in October, but I chose to live in Nevada as the housing options were far better. I am ready to file for divorce but I am STUCK.
-Idaho says you have to live there the last 6 weeks. (I still a home there, not sure if I claim dual residency with that one)
-Nevada won’t touch a divorce that involves minor children for 6 months
-California will do it since he has lived there for 6 months, but the minute it is filed an order goes in effect saying neither parent can remove the child from the state.
He is an alcoholic and his behavior has become erratic and threatening, he has gone as far as writing a suicide note that he did not follow through on, nor do we believe he planned on doing so. He is now using his repossession agent contacts and resources to track me down wherever we go. He implies threats, but never actually makes them. I am concerned for the safety of myself and my daughter, but cannot get a protective order without the divorce at least filed as we are married and he has not made any direct threats,
Any suggestions?
This is the verbiage from the Nevada divorce complaint packet: “A child, or the children, MUST be a resident, or residents, of the State of
Nevada for a period in excess of six (6) MONTHS before the State of Nevada
can enter any orders regarding custody, or visitation, of the child or children.
This is STATE and FEDERAL LAW. If the child, or children, are not residents
of the State of Nevada for a period of more than six (6) months immediately
prior to the filing of the Petition or Complaint, the State of Nevada has no
jurisdiction over orders regarding the children.”
Girliegirl
December 9th, 2009 at 08:42
I would look into Idaho since you still own a house there. I would have the police on speed dial until this was figured out too.
Is it possible to move back to Idaho?
Deg
December 12th, 2009 at 07:48
Who told you Nevada won’t touch it?? That is wrong. You have to be a resident of Nevada for 6 weeks and you can file weather you have children or not. If you live in Clark County, you can even go online to the self help website and download the divorce papers to fill out yourself. If you don’t make enough money, you can even file a form and your divorce filing would be free. I did this 6 years ago in Nevada. Also, i filed a protection order against my ex before the divorce was filed. All you have to do is goto the court, fill out the paperwork, they will give you it, and file it. I didn’t even have to go before a judge. They presented it to the judge and she approved it. Implying threats is a threat. Good luck.