There are two (2) types of jurisdictional disputes, those pertaining to actually obtaining a divorce, and those pertaining to child custody.
As it pertains to divorce jurisdiction, the Plaintiff or Defendant must reside in Nevada for the six weeks leading up until the filing of the Complaint for Divorce. This six (6) week requirement is often times abused by individuals from other States with stricter divorce laws. It is not unusual for an individual to come to Nevada and set up a sham residence in an attempt to meet the residency requirements to obtain a divorce.
If such divorce jurisdictional conflicts exist, it is crucial that you consult with an attorney immediately. Failure to raise jurisdictional objections prior to responding to a Complaint for Divorce or appearing in Court, may result in you being subject to the jurisdiction of the Court. This may occur, depending upon the circumstances of your case, regardless of jurisdictional defenses.
Child Custody Jurisdiction
As it pertains to child custody, jurisdictional issues can be very complicated. Questions regarding jurisdiction are not subject to general rules but are instead fact specific.
It is important to consult with an attorney prior to filing an action. An action filed in an inappropriate jurisdiction is merely a waste of money. In advising our clients we make sure that all possible outcomes are discussed and the client has a clear understanding of the risks involved in filing a child custody action in any given jurisdiction.
We also have a network of some of the finest lawyers in the country to whom we can refer clients if our initial determination of the jurisdictional issue concludes that another state is the appropriate site of jurisdiction.