How to respond?

UPDATED: Oct 1, 2022

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How to respond?

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?
Thank you
Terry Porter

Asked on March 13, 2018 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 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.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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