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jdelrio · Jul 18, 2012, 03:13 AM

I was married in Nevada and filed for divorce in Nc after I got back from deployment. The divorce has been final for about 8 months,and now my ex-wife wants to redo it in Nevada. Is that possible? Should I be concerned?

ScottGem · Jul 18, 2012, 03:17 AM

Nevada will honor the NC court action. Unless she has some valid grounds for overturning it.

jdelrio · Jul 18, 2012, 03:23 AM

I thought we had a son together but I took a DNA test on my own,not court ordered,and I am not the father. Could that be grounds of her over turning it so a court ordered DNA test could be taken. I am in the military and if I were the father my wages would be garnished because on the divorce there were no child support requests/demands.

ScottGem · Jul 18, 2012, 03:30 AM

I have no idea why she is looking to open the case.

GV70 · Jul 18, 2012, 03:35 AM

Originally Posted by jdelrio

I thought we had a son together but I took a DNA test on my own,not court ordered,and I am not the father. Could that be grounds of her over turning it so a court ordered DNA test could be taken. I am in the military and if I were the father my wages would be garnished because on the divorce there were no child support requests/demands.

I am in doubt... Nevada allows paternity challenges at any time. Look at your divorce decree- is there something as " there is no children of the marriage"?

jdelrio · Jul 18, 2012, 03:44 AM

I have to look at it. During the divorce there was nothing said about the judge saying anything about child support. But I kept giving her money each month until I took a test and it turned out he wasn't mine. Then that's when I stopped paying.

GV70 · Jul 18, 2012, 04:06 AM

Originally Posted by jdelrio

Is that possible? Should I be concerned?

No!
NC-Appeal is the procedure for getting a higher court to review the work of a lower court. In most civil cases in North Carolina, appeal from the district trial court is to the North Carolina Court of Appeals. In civil cases, the Notice of Appeal must be filed within thirty days from the entry of judgment or order.

Nevada's law requires that a notice of appeal be filed within 30 days of the entry of the final judgment. Here's the law:

RULE 4. APPEAL—WHEN TAKEN

(a) Appeals in Civil Cases.

(1) Time and Location for Filing a Notice of Appeal. In a civil case in which an appeal is permitted by law from a district court to the Supreme Court, the notice of appeal required by Rule 3 shall be filed with the clerk of the district court. Except as provided in Rule 4(a)(4), a notice of appeal must be filed after entry of a written judgment or order, and no later than 30 days after the date that written notice of entry of the judgment or order appealed from is served. If an applicable statute provides that a notice of appeal must be filed within a different time, the notice of appeal required by these rules must be filed within the time established by the statute.

ScottGem · Jul 18, 2012, 04:28 AM

On the other hand, she could be filing for a modification of child support. If no support was ordered, she can do that. If you no longer live in NC, then she could have the case moved to NV.

Have you been served with paperwork?

Fr_Chuck · Jul 18, 2012, 04:35 AM

The divorce degree itself is not challeged the are addressing the child support or even the child custody issue. These areas can always be re-opened or request to modify. These may have been done at the same time, but are really separate issuses from the divorce

jdelrio · Jul 18, 2012, 08:05 AM

Wow. Thanks guys. I haven't been served with anything. She's ding it.in Nevada because that's where she lives now and I'm still in the military stationed in NC. When we were married I signed the birth certificate because I thought he was my son so he has my first and last name. But when I found out he wasn't mine I stopped freely giving her.money.for him. If and when I get a court ordered DNA test and he's not mine.on there as well,can I have her legally change his name? Last name mostly

ScottGem · Jul 18, 2012, 09:27 AM

If the divorce was issued in MC and you still reside in NC, then Nevada may not have jurisdiction. You may be able to force her to file in NC. If you get a summons, fight it on that grounds.

And yes, if you are removed as the legal father then you can ask to be removed from the because.

jdelrio · Jul 18, 2012, 01:10 PM

She also has been opening accounts under my name at jewellery stores and signing my name.

Fr_Chuck · Jul 18, 2012, 02:25 PM

Originally Posted by jdelrio

she also has been opening accounts under my name at jewelery stores and signing my name.

Then that is Identy fraud and you report it to the police

jdelrio · Jul 19, 2012, 12:19 PM

I already have but it's hard for me to have them help me because it's in CA and I'm in NC.