California  |  Family Law

question bubble
10/31/09, 2:45 pm

Legal Question


My husband filed for divorce against me in NV and we were married in CA. I am currently living in CA and he is working full time in CA. My son and I have health benefits through my husband's job. I want to keep my benefits. Will the divorce in NV affect me keeping my insurance or is there any other concern about across state line divorce I should be concerned with?


question bubble
11/05/09, 2:56 pm

Legal Answer


In California you will not be able to keep your insurance once the divorce is final. I don't know what Nevada law says on the subject. In California your husband can be ordered to maintain the coverage on your son as long as he is a minor. Again, I don't know what NV says.

Where you were married and where you work does not affect whether CA or NV is the proper jurisdiction for this case. Under CA law, you must have lived in CA six months before CA courts will take jurisdiction of a divorce. Again, you have to check what NV says and whether your husband actually qualifies to file there. If he does qualify to file there, you will need to proceed with the case in NV. If he does not qualify, you should file in CA and then consult a NV lawyer about getting the NV case dismissed.

Timothy McCormick

Libris Solutions - Dispute Resolution Services 1990 N. California Blvd., 8th Fl Walnut Creek, CA 94596

Other answers from this attorney
Search Past Answers:
  Advanced Search