Grounds and Jurisdiction
The courts of Nevada have jurisdiction over a cause of action for divorce for three causes: Insanity existing for two years prior to commencement of the action; Separation for one year or longer without cohabitation; and Incompatibility. Virtually all cases are filed for “incompatibility.” Essentially, it is “one party” divorce, in that there is no known case in which the opposing party has successfully denied the existence of that ground for divorce. At least one party must be a resident of Nevada for six weeks prior to filing for divorce. While an extensive discussion is not possible here, as a general matter, the court must have jurisdiction over both parties in order to enter certain kinds of orders dealing with property, custody, and alimony.
WILLICK LAW GROUP has thoroughly litigated many jurisdictional cases and is experienced in working with both Nevada law, and the applicable interstate and international legislation that guides jurisdictional matters. Among the many chapters of the Nevada Family Law Practice Manual drafted by Mr. Willick is Chapter One, Section One, containing a review of Family Court jurisdiction and venue matters.
- Jurisdiction and Venue chapters of NFPM
- Issues in Interstate and Multistate Matrimonial Litigation
- The Basics of Jurisdiction: A Remedial Course (Washoe County Writ, 2008)
From a CLE in Nevada on Family Law Jurisdiction (Nov. 1, 2012)
- The Basics of Family Law Jurisdiction
- Initial Child Custody Jurisdiction flowchart
- Child Custody Modification Jurisdiction flowchart
- Initial Child Support Jurisdiction flowchart
- Child Support Modification Jurisdiction flowchart
Opinion in Friedman v. 8th Judicial District Court and Friedman., 127 Nev. ___, ___ P.3d ___ (Adv. Opn. No. 75, Nov. 23, 2011 (child support jurisdiction)