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Wife filed for divorce in Nevada. Judge in Clark
county denied case due to no proof of
residency. She has now refiled and can
probably prove residency. I have been served
again 11 days ago.
I live in Texas where our marriage and home is
and have never been to Nevada.
Wife has also been served divorce paperwork
from Texas 7 days ago.
What do I do?
Asked on March 13, 2018 under Family Law, Texas
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You need to hire an attorney to file what is called a "Special Appearance" and motion to abate/dismiss her divorce action. A special appearance is a document which basically says, "I've never been to this state so you can't make me come to this state and defend a lawsuit." An abatement/dismiss asks the court to dismiss the case because the proper state is in Texas. If you cannot hire an attorney for full representation, then at least hire them to draft the document so that you can file it yourself.
If you just file a general answer (like many people find on the internet), then you will waive your right to challenge jurisdiction or the right to file a special appearance later.
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