Senjab v. Alhulaibi

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Justia Opinion Summary

The Supreme Court held that divorce jurisdiction requires mere residence - not domicile - and that the district court had subject matter jurisdiction in this case under Nev. Rev. Stat. 125.020.

Appellant and Respondent married in Saudi Arabia. In 2018, Respondent obtained a student visa and moved to Las Vegas. In 2020, Appellant and the child obtained dependent visas and also moved to Las Vegas. Two months later, Appellant filed a complaint for divorce. Respondent moved to dismiss the complaint for lack of subject matter jurisdiction, arguing that Appellant could not establish domicile - or intent to remain in Nevada - so that the district court lacked subject matter jurisdiction under section 125.020. The district court granted the motion, finding that, because residence is synonymous with domicile under section 125.020 and neither party had established domicile as a matter of law, dismissal was necessary. The Supreme Court reversed, holding (1) under section 125.020, residence means mere residence - not domicile - and Nev. Rev. Stat. 10.155 defines residence as physical presence; and (2) because Appellant had been physically present in Nevada for at least six weeks before she filed her divorce complaint, the district court had subject-matter jurisdiction under 125.020.

Primary Holding

The Supreme Court held that divorce jurisdiction requires mere residence - not domicile - and that the district court had subject matter jurisdiction in this case under Nev. Rev. Stat. 125.020.


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