can i get a divorce from my husband inthe state of nevada first and have that be final before we take the matter back to court for child custody?

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can i get a divorce from my husband inthe state of nevada first and have that be final before we take the matter back to court for child custody?

my husband seems to think that a divorce and child custody are part of the same proccess. is this true or can i get the divorce finalized first and then take the child custody and child support matterback to court at a later time.

Asked on June 11, 2009 under Family Law, California

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No. Child custody/support is one of the issues that has to be decided before the judge will sign a final judgment of divorce.

If you and your husband cannot reach an agreement regarding child custody/support, the judge will do it for you based on the child's best interest. Your husband cannot delay the granting of the divorce by refusing to agree to the child custody/support.


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