Question asked on July 21, 2020

Q: I have a case pending in Nevada. I recently moved to new state. My case is not complex (no minor children, homes or assets). I would like to re-file my divorce in the new state I reside, which I meet residency requirements. Can I do file in the new state?

A: Short answer:  “maybe,” but you probably do not want to.  If no counterclaim has been made in the existing action, you should be able to dismiss the Nevada divorce case.  And you can re-file wherever you are now — but that court may lack jurisdiction to grant relief in whatever issues are pending in the case.  For an explanation, see the article “The Basics of Family law Jurisdiction,” posted on the website.  If you have any questions, speak with a qualified family law specialist before taking any action to dismiss the existing case.