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Juliana, Lawyer
Category: Family Law
Satisfied Customers: 1651
Experience:  23 years of legal experience, former child support attorney, currently practicing family law
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Can California couples file for legal separation in Nevada

Resolved Question:

Can California couples file for legal separation in Nevada?
Submitted: 5 years ago.
Category: Family Law
Expert:  Juliana replied 5 years ago.



Thanks for your question.


To file for a legal separation (also known as separate maintenance), section 125.250 of the Nevada Revised Statutes states that the action may be brought in the county in which either party resides at the time the suit is commenced, or in the county in which the spouse may be found. The "county in which the spouse may be found" provision refers to when one spouse has deserted the other spouse, and the desertion has continued for 90 days.


The law requires that either the plaintiff or defendant in an action for separate maintenance (as in a divorce action) has resided in Nevada for a period of at least 6 weeks prior to filing the action.


So, if you and your spouse reside in California, you could not file for a legal separation in Nevada.


Hope this helps.



Customer: replied 5 years ago.

If the residency requirements are met in Nevada, does the Legal Separation documents become public records?

Expert:  Juliana replied 5 years ago.



A person would have a legal right to ask for this type of record, however, the parties to the separation also have a right to privacy. Therefore, a person could confirm whether or not a person is divorced, or legally separated, but, they would not be able to find out the personal details that are in the court records, for instance, details about their property ownership, income, etc.


Also, cases that have been categorized as confidential or have been declared closed by court orders are completely unavailable.


Hope this helps.


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