q******g
发帖数: 11 | 1 请问:
1) 丈夫在怎么可能在Nevada一个人把离婚办好了? 没有看到财产的分割， 也没
有小孩监护的协议？
2) 如果丈夫在这中间做了手脚，我应该怎么准备材料，撤消这份Nevada的离婚书？
Summary of the stories:
0) Both wife and husband are resident of Missouri, not Nevada.
1) March, 2010, husband with the family including two sons, but without wife
, back to China for long term business;
2) July, 2010, wife got her US citizenship
3) Setp, 2010, wife was back to China, joining the family.
4) Oct, 2010, her husband left their china home and live with another woman
.
5) March, 2011, husband filed the divorce application in Nevada (see below)
without notifying wife at all.
6) May, 2011, decree of divorce.
then her husband filed the divorce application at Nevada:
Register of Actions
Case No. D-11-442-----
Ji, Plaintiff. vs. He, Defendant. §
§
§
§
§
§ Case Type: Divorce - Complaint
Subtype: Complaint Subject Minor(s)
Date Filed: 03/08/2011
Location: Department G
Conversion Case Number: D442
Party Information
Lead Attorneys
Defendant He
Plaintiff Li Pro Se
Subject Minor Neil
Subject Minor Nicolas
Events & Orders of the Court
OTHER EVENTS AND HEARINGS
03/03/2011 Complaint for Divorce
03/14/2011 Administrative Reassignment to Department G
Case reassigned from Department C
03/24/2011 Summons
He Served 03/20/2011
04/19/2011 Affidavit of Resident Witness
Affidavit of Resident Witness
04/19/2011 Proof of Personal Service of Summons and Complaint
Affidavit of Service
04/19/2011 Child Support and Welfare Party Identification Sheet
04/19/2011 Affidavit in Support of Summary Disposition
Affidavit in Support of Summary Disposition
04/19/2011 Request for Summary Disposition
Of Decree
04/27/2011 Default
05/10/2011 Notice
Notice of Errata
05/16/2011 Decree of Divorce
Financial Information
Plaintiff Li
Total Financial Assessment 289.00
Total Payments and Credits 289.00
Balance Due as of 07/16/2011 0.00
03/08/2011 Transaction Assessment 289.00
03/08/2011 Payment (Window) Receipt # 2011-09465-FAM
Michael | w****e
发帖数: 776 | 2 Do you have any contact/relationship with Nevada, like business, or frequent
visit etc?
If not, Nevada cannot exercise jurisdiction over you.
wife
【在 q******g 的大作中提到】
: 请问:
: 1) 丈夫在怎么可能在Nevada一个人把离婚办好了? 没有看到财产的分割， 也没
: 有小孩监护的协议？
: 2) 如果丈夫在这中间做了手脚，我应该怎么准备材料，撤消这份Nevada的离婚书？
: Summary of the stories:
: 0) Both wife and husband are resident of Missouri, not Nevada.
: 1) March, 2010, husband with the family including two sons, but without wife
: , back to China for long term business;
: 2) July, 2010, wife got her US citizenship
: 3) Setp, 2010, wife was back to China, joining the family.
| j***7
发帖数: 7 | 3 Ex parte divorce (not property division or child support) is valid and
recognized in many states. You should consult a family lawyer. | z***e
发帖数: 1757 | 4 where (in which state) did you two get married?
how long had your husband been in Nevada before securing the divorce decree?
does he have a home there? | z***e
发帖数: 1757 | 5 even if we assume the ex parte divorce is valid, you still can sue for spouse
and child support as well as marital property distribution in Missouri. Custody is more tricky, depending on where
your kids are now. It does not sound like they are with you now. so if the
kids have been living with their father for six months in another state or
in china, you may have to go to that jurisdiction for custody.
This is not legal advice, and you should consult a family law attorney. | f*****n
发帖数: 101 | | b**********6
发帖数: 75 | 7 Subject Matter Jurisdiction 和 Personal Jurisdiction 要分开来考虑的。
1.可能丈夫通过某种方式跟Nevada建立某种联系；Nevada对离婚有Subject Matter
Jurisdiction，对丈夫有Personal Jurisdiction就可以做出离婚判决；
2.Nevada的判决即使没有对妻子的Personal Jurisdiction，也不妨碍他们做出判决；
在执行的时候才去吵这些问题
frequent
【在 w****e 的大作中提到】
: Do you have any contact/relationship with Nevada, like business, or frequent
: visit etc?
: If not, Nevada cannot exercise jurisdiction over you.
:
: wife
| b**********6
发帖数: 75 | 8 判决已经做出，撤销必须上诉了。你可以上诉到Nevada上诉法院。上诉理由就按照大家
出谋划策的关于Jurisdiction的上诉。如果真不想过了，就提起反诉，掌握一些证据，
可以告Abandon，Adultery，Cruel and inhumane treatment等各种理由，不用怕。
或者你去Missouri地区法院提起诉讼，但是一般他们不会说别的州的判决无效。他们会
承认判决，但是Nevada判决中关于你的部分有可能被认定无效，这样你就可以在财产分
配，配偶抚养费，小孩抚养权等问题上掌握主动。同样的，在上面说的那些反诉在
Missouri直接可以提出诉讼请求。
另一个问题，就是Nevada没有把丈夫的立案properly served，这是一个程序法的问题
，你可以用来抗辩，因为按照你的叙述，你是没有得到任何消息的。
wife
【在 q******g 的大作中提到】
: 请问:
: 1) 丈夫在怎么可能在Nevada一个人把离婚办好了? 没有看到财产的分割， 也没
: 有小孩监护的协议？
: 2) 如果丈夫在这中间做了手脚，我应该怎么准备材料，撤消这份Nevada的离婚书？
: Summary of the stories:
: 0) Both wife and husband are resident of Missouri, not Nevada.
: 1) March, 2010, husband with the family including two sons, but without wife
: , back to China for long term business;
: 2) July, 2010, wife got her US citizenship
: 3) Setp, 2010, wife was back to China, joining the family.
| o*****d
发帖数: 609 | 9 美国法律承认“no fault”离婚。也就是任何一方提出离婚，无需任何理由和另一方同
意，法院都会接受。财产分配与孩子抚养问题另案处理。
wife
【在 q******g 的大作中提到】
: 请问:
: 1) 丈夫在怎么可能在Nevada一个人把离婚办好了? 没有看到财产的分割， 也没
: 有小孩监护的协议？
: 2) 如果丈夫在这中间做了手脚，我应该怎么准备材料，撤消这份Nevada的离婚书？
: Summary of the stories:
: 0) Both wife and husband are resident of Missouri, not Nevada.
: 1) March, 2010, husband with the family including two sons, but without wife
: , back to China for long term business;
: 2) July, 2010, wife got her US citizenship
: 3) Setp, 2010, wife was back to China, joining the family.
| p********r
发帖数: 1465 | | | | l*******o
发帖数: 12469 | 11 干，都这样了还想撤销？想点办法保住财产孩子了啦。还有，你的头像波霸玩自摸是你
的理想么？
wife
【在 q******g 的大作中提到】
: 请问:
: 1) 丈夫在怎么可能在Nevada一个人把离婚办好了? 没有看到财产的分割， 也没
: 有小孩监护的协议？
: 2) 如果丈夫在这中间做了手脚，我应该怎么准备材料，撤消这份Nevada的离婚书？
: Summary of the stories:
: 0) Both wife and husband are resident of Missouri, not Nevada.
: 1) March, 2010, husband with the family including two sons, but without wife
: , back to China for long term business;
: 2) July, 2010, wife got her US citizenship
: 3) Setp, 2010, wife was back to China, joining the family.
| k*l
发帖数: 2574 | | q******g
发帖数: 11 | 13 谢谢大家了.
我本人在中国,ex丈夫,和两个小孩都在中国. 我带一个儿子, 另一个儿子ex丈夫的母亲
带.
看来,我还是得回来处理才行. 主要是孩子, 我不能让孩子这么不明不白的, 既然离婚
了, 也该离的干净点.
Do you have any contact/relationship with Nevada, like business, or frequent
visit etc? If not, Nevada cannot exercise jurisdiction over you.
我不认为有. 判决书上的地址, 我查过了, 是一个property management 的一个公司.
我可以确信, 他人在中国. 至于他怎么搞让法官相信的, 我不知道.
where (in which state) did you two get married?
how long had your husband been in Nevada before securing the divorce decree?
does he have a home there?
我们在中国结婚的. 当时我是中国护照, 他是美国护照. | q******g
发帖数: 11 | 14 头像是默认的, 我刚改了, 可是现在还是这个.
也许需要时间吧. | c**i
发帖数: 6973 | 15 (1) Well, you should consult a DIVORCE lawyer in the state where you , as
well as you children if any, reside. Priot to that, you should obtain a copy
of all certified* court papers in the Nevada case--so that your lawyer can
read it. Whether you or a friend of yours should make the request may not
matter.
* The word "certified" means that the clerk office will on the first page
(i) stamp it with something to the effect that this is a true copy of the
original;
(ii) place a court seal on it; and
(iii) sign it.
Copy alone in a court costs a lot (about a quarter a page). Certification
costs even more.
(2) You are guilty of negligence. I have no idea if you did receive a notice
of the Nevada proceeding.
Besides, the docket of the divorce proceeding shows "05/16/2011 Decree of
Divorce." That was more than two months ago.
This may NOT matter, anyhow. My point is you should have consulted a LOCAL
lawyer before--instead now when you appear surprised.
(3) Did Nevada have personal jurisdiction over you in the pertinet period (
from Mar 3 to May 16, 2011)?
Chapter 125 Dissolution of Marriage of Nevada Revised Statutes (NRS), as
from Nevada state legislature's web site.
http://www.leg.state.nv.us/nrs/NRS-125.html
Chap 125, section 020 (abbreviated as NRS 125.020 and titled "Verified
complaint; residence or domicile; jurisdiction of district court" state:
"1. Divorce from the bonds of matrimony may be obtained for the
causes provided in NRS 125.010, by verified complaint to the district court
of any county:
(a) In which the cause therefor accrued;
(b) In which the defendant resides or may be found;
(c) In which the plaintiff resides;
(d) In which the parties last cohabited; or
(e) If plaintiff resided 6 weeks in the State before suit was brought.
2. Unless the cause of action accrued within the county while the
plaintiff and defendant were actually domiciled therein, no court has
jurisdiction to grant a divorce unless either the plaintiff or defendant has
been resident of the State for a period of not less than 6 weeks preceding
the commencement of the action."
So, if your husband "resided resided 6 weeks in the State before suit was
brought." Navada court had personal jurisdiction over HIM.
What about YOU? Did that Nevada court have personal purisdiction over YOU?
(i) You maintain, "5) March, 2011, husband filed the divorce application in
Nevada (see below)
without notifying wife at all."
I will take that on face value, and conclude Nevada never had personal
jurisdiction over you.
Then, after you obtain a certified copy of the dovorce proceeding, you may
want to contact district attoreny's office where the court is situated--to
have your husband prosecuted.
(ii) Even if you did have received the court notice of the divorce
proceeding on or about Mar 3--the legal term for the notice is "summons"
plus "complaint"--Nevada, or any other state, state law requires certain
methods of notice. Check if the notice on YOU fulfilled the requirement.
(iii) Assuming the notice on you are legitimate, Navada divorce degree may
not be legit (short for legitimate).
You see, US Constitution has a full falth and credit clause, demanding a
decision of one state court be recognized in any other state of the union.
However, when a decision of one state (say, Nevada), is not valid within
Nevada--though valid on its face--other states are not obligated to abide by
it.
I live in Massachusetts. The legalese is my domicil is Massachusetts,
whatever my citizenship is.
In several cases decided by state supreme court of Massachusetts (officially
Supreme Judicial Court whose acronym is SJC), it refused to accept a
facially valid Nevada divorce degree--simply because the plaintiff in a
Nevada divorce proceeding did not establish a "domicil" in Nevada--despite
having lived in that state (Nevada) for at least six weeks prior to the
filing of a divorce complaint. (Due to this fatal flaw of Navada divorce
degree, SJC did not need to consider other attacks on the degree.)
See
Frieda COLARUSSO vs. TEACHERS' RETIREMENT BOARD, 378 Mass. 470 (1979)
http://masscases.com/cases/sjc/378/378mass470.html
, citing
Paola Iuliano RAGUCCI v Giovanni RAGUCCI, 357 Mass. 235 (1970).
http://masscases.com/cases/sjc/357/357mass235.html
A warning: These two decisions are full of geographic names (it is easy for
me--a Massachusetts resident--but you have to find out which state they are
in; a hint: Washoe Couty in Ragucci v Ragucci is ovbviously in Nevada, all
other places are in Massachusetts if they are not in Italy). Still
Massachusetts used to call a divoce a libel, but not any more--you just have
to know a libel in this sense is NOT defamation.
(4) Did Nevada court have personal jurisdiction over your children?
Your "[s]ummary of the stories" does not provide sufficient facts to
determine this issue, which is, where are your children? Living with HIM,
and not with you?
If the children were with you from Mar 3 to May 16, 2011, Nevada court had
no personal jurisdcition over your children, either. See
Chapter 125A Uniform Child Custody Jurisdiction and Enforcement http://www.leg.state.nv.us/nrs/NRS-125A.html
(NRS 125A.305 Initial child custody jurisdiction)
(5) STOP.
You must talk to an experienced divorce lawyer who may study Nevada law or
conference with a Nevada lawyer.
Without deliberation, you must NOT rush to that Nevada court, because once
you appear in any form or manner in that court, you will be BOUND by
whatever decision of the Nevada court.
Your lawyer will have to decide to challenge the Navada decree in YOUR state
(as the two Massachusetts cases show above) or in Nevada.
(6) In US, everything is transparent, particularly a court proceeding. A
court in US follows both state law and its precedents. That makes laws and
cases in US much are interesting than those in Taiwan and China.
【 在 quantang (zhejiang mosquito) 的大作中提到: 】 | c**i
发帖数: 6973 | 16 When I wrote my posting (see attached), you had not replied. So I did not
know it when writing. In any event, your reply changes nothing in my posting.
* * *
【在 c**i 的大作中提到】
: (1) Well, you should consult a DIVORCE lawyer in the state where you , as
: well as you children if any, reside. Priot to that, you should obtain a copy
: of all certified* court papers in the Nevada case--so that your lawyer can
: read it. Whether you or a friend of yours should make the request may not
: matter.
: * The word "certified" means that the clerk office will on the first page
: (i) stamp it with something to the effect that this is a true copy of the
: original;
: (ii) place a court seal on it; and
: (iii) sign it.
| A******1
发帖数: 106 | 17 Nevada is one of the easiest state to get a divorce because it only requires
6 weeks of residency in the county where you can file a divorce.
Says in your post that you were served the summons on 3/24/2011 and then the
default notice on 5/10/2011. The court granted the divorce based on your
default, or failure to appear.
There are several problems. One, your husband's residency. In old days, a
party can rent a hotel room to claim a Nevada resident. Not any more. It
must be a residence, like an apartment, and your husband must have witnesses
. If the address he provided is a business address, then the whole thing is
fraudulent, including his witness.
Second, service. This is only way can make this decree valid. If you were
not served, the decree is gone. It is a due process issue and no court will
take it lightly. Your husband must prove. In divorce action, personal
service is required. Did he fake your signature?
If you believe the decree is invalid, you should go to the same court and
file a motion to set aside the divorce decree, on grounds of fraud and
service of process. | q******g
发帖数: 11 | 18 非常感谢以上几位, 尤其choi 和 A8307271 . 如果你们是律师的, 真希望能请你们为
我打这个官司.
Yes, I am very surprised to see that "我被served the summons on 3/24/2011".
也许有人替我serve在法庭上了,hehe.
整个过程, 我一直不知情, 一直到几个星期前.
而现在, 他居然来告诉我说, "他想回来了,那个女人骗了他,不及我的一半好, 等等".
我现在的矛盾之处在于, 我现在推翻Nevada的裁决, 不是刚合他的意么? 我在两者之
中,那个比较适合我现在的状况?
1) 在 Missouri起诉, 单单请求财产分割和孩子的监护权? 但不去麻烦离婚这一块了,
就算承认它吧----即使这份裁决我可以轻易推翻;
2) 推翻Nevada的裁决,大 从头开始属于我自己的离婚官司! | c**i
发帖数: 6973 | 19 I am not a lawyer. Indeed I am a trained biologist. I read law and economics
as hobbies--and do legal battles to practise.
To know what is said to the judge, you/your lawyer should order, via cleark'
s office, a copy of transcript--or an audio tape and then have a court-
certified stenographer (officiallly called a court reporter) to transcribe
it (tape)--before seeing a local lawyer.
Your considerations is beyond law. It is like a war, a commander-in-chief (a
civilian in modern times) decides, dispatching his resources such as
diplomacy and finances (freezing bank account). Pentagon is in charge of
military front only.
Whether you wants to keep a skunk is up to you. We have no say.
There are many ways to divorce a man. One is to get him charged. Compare the
2003 film
How to Lose a Guy in 10 Days.
.
".
了,
【在 q******g 的大作中提到】
: 非常感谢以上几位, 尤其choi 和 A8307271 . 如果你们是律师的, 真希望能请你们为
: 我打这个官司.
: Yes, I am very surprised to see that "我被served the summons on 3/24/2011".
: 也许有人替我serve在法庭上了,hehe.
: 整个过程, 我一直不知情, 一直到几个星期前.
: 而现在, 他居然来告诉我说, "他想回来了,那个女人骗了他,不及我的一半好, 等等".
: 我现在的矛盾之处在于, 我现在推翻Nevada的裁决, 不是刚合他的意么? 我在两者之
: 中,那个比较适合我现在的状况?
: 1) 在 Missouri起诉, 单单请求财产分割和孩子的监护权? 但不去麻烦离婚这一块了,
: 就算承认它吧----即使这份裁决我可以轻易推翻;
| A******1
发帖数: 106 | 20 Your best bet would be to set aside the NV order and restart in MO. The
original court always retains jurisdiction over property division and child
custody and you have to go back to the same court for those. You can
petition the court to release jurisdiction for child custody but it may be
easier to start over. You can go to NV state bar website to search for local
attorneys. Or, go to websites like lawguru.com, avvo.com, or findlaw.com to
find local attorneys. It may be difficult to find a chinese speaking family
law attorney in NV though. | | | z***e
发帖数: 1757 | 21 agree with the suggestion to start over in MO. but even if the divorce at NV
is upheld, MO still has jurisdiction on get property distribution and
support issues. child custody is tricky if the kids are not present in MO
though.
child
local
to
family
【在 A******1 的大作中提到】
: Your best bet would be to set aside the NV order and restart in MO. The
: original court always retains jurisdiction over property division and child
: custody and you have to go back to the same court for those. You can
: petition the court to release jurisdiction for child custody but it may be
: easier to start over. You can go to NV state bar website to search for local
: attorneys. Or, go to websites like lawguru.com, avvo.com, or findlaw.com to
: find local attorneys. It may be difficult to find a chinese speaking family
: law attorney in NV though.
| A******1
发帖数: 106 | 22 Normally a family court will retain jurisdiction over unsettled property and
child custody. In her case, however, she can actually file a motion in MO
court. MO is a state that makes independent determination of domicile. If
her husband committed fraud in NV or did not meet the domicile requirement,
the MO court can invalidate the NV order. Wright v. Wright, 350 Mo. 325, 165
S.W.2d 870 (banc 1942). | N*****5
发帖数: 1291 | 23 我有个朋友也是老公在NEVADA提离婚的，那个州是离婚对男人最有利的城市。结果，我
朋友什么也没有拿到。自己还赔了许多律师费。你要小心啊。 | q******g
发帖数: 11 | 24 en, 我想restart the case in MO, 就如你们建议的一样.
有个问题: 现在我, 我的两个孩子都在中国, 我们离开MO的时候,也把房子卖了;
现在我用我朋友的地址作为通信地址; 几个月前也在MO作为resident报税了; 我来中国
的签证也是临时的探亲旅游签证; 我去年的9月份离开MO, 至今没回过.
我还是MO的resident吗? 我还可以在那里起诉么?
我也找了些资料看, 但不是很确定. 好象我需要找足够证据来证明我还是有意愿在MO永
久居住的----即使到2010的9月份为止,我已经在那居住了几年以上.
谢谢! | a**********m
发帖数: 2098 | 25 下次回美国的话先在MO找个地方住
rent也好，朋友家也好，等到官司打完再考虑搬家
【在 q******g 的大作中提到】
: en, 我想restart the case in MO, 就如你们建议的一样.
: 有个问题: 现在我, 我的两个孩子都在中国, 我们离开MO的时候,也把房子卖了;
: 现在我用我朋友的地址作为通信地址; 几个月前也在MO作为resident报税了; 我来中国
: 的签证也是临时的探亲旅游签证; 我去年的9月份离开MO, 至今没回过.
: 我还是MO的resident吗? 我还可以在那里起诉么?
: 我也找了些资料看, 但不是很确定. 好象我需要找足够证据来证明我还是有意愿在MO永
: 久居住的----即使到2010的9月份为止,我已经在那居住了几年以上.
: 谢谢!
| y*****i
发帖数: 588 | 26 nevada住满6周就可以establish residency，然后就可以向当地法院申请离婚
证明住满6周只需要affidavits... | b****z
发帖数: 4485 | 27 Your agreement or signature is NOT required to get divorce. |
|
