Knowing the basics of family law jurisdiction provides guidance as to what must be present for a court to take any action in various family law matters.
By Richard Crane and Marshal Willick
Several times in the past few months, we have been shocked at the apparent lack of understanding of the most fundamental of case attributes – jurisdiction. This primer is intended to provide a short guide to what must be present for a court to take any action at all in various family law matters. These are the topics covered:
- The concept of divisible divorce
- Divorce jurisdiction
- Child custody – Initial jurisdiction
- Child custody – Modification jurisdiction
- Child Support – Initial jurisdiction
- Child Support – Modification jurisdiction
- Division of military retirement benefits
- Awarding fees where jurisdiction is contested.
Richard Lee Crane enlisted in the United States Navy right after graduation and worked his way through the ranks from Seaman Recruit to his final rank of Lieutenant Commander, and was transferred to the Navy’s retired list in December 2006. Richard is currently an attorney with the Willick Law Group in Las Vegas, Nevada where he concentrates his practice on Domestic Relations with a focus on military divorce, division of military retirement benefits, and awarding of survivorship benefits in a military divorce action.
Marshal S. Willick, Esq. is the Principal of the Willick Law Group, an A/V-rated Las Vegas family law firm, and a Continuing Legal Education Instructor. In Nevada, there are no juries in Family Law cases. Mr. Willick has been taking such cases to trial since the 1980s, the number of which by now is estimated in the thousands. He has also participated in hundreds of divorce and pension cases in the trial courts of other States, as a consultant, expert, or as amicus curia.
Reprint with permission.
Take your client to family court to observe active cases. Seeing how the judge handles cases and petitioners often encourages the client to exhaust all other options to settle their divorce before setting foot in court.