Reno - a Book of Short Stories and Information Part 12

Q. What effect has it had upon the intent and purposes of intermarriage and rendering your life with your husband unendurable, miserable and unbearable?

In this case the charges were non-support and drunkenness and extreme cruelty.

The plaintiff in a divorce case need not become seriously concerned because a defendant has refused to sign papers at the time he or she has been served. Personal service upon the defendant--the mere fact that the papers are handed to the defendant is sufficient, whether he has accepted them or not--or service by publication and mailing in Nevada will accomplish the same purpose; except that there will be a delay of forty days in the first case and eighty-two in the latter; however, if the defendant is not represented, or does not appear, there may arise the question as to the legality of the divorce in some States, especially in New York State.

It will obviate considerable delay and inconvenience, if the defendant will sign and file his personal answer, admitting the plaintiff's allegations of residence, marriage, children, etc., but denying the cause of action. This answer should also contain an express waiver of notice of all proceedings. An answer cannot be signed, however, until the complaint is filed: the complaint cannot be--filed until six months have elapsed: therefore the divorce is not granted in six months, as is the impression which so many have, but the suit may be started at the termination of the six months' period.

An expeditious and simple method of facilitating proceedings is to have the defendant appoint a lawyer in Nevada, granting him the power of attorney to accept service of the complaint. Since this can be provided for in advance the delay after the case has been filed can be reduced to a minimum.

Below is the form of the Power of Attorney:

"KNOW ALL MEN BY THESE PRESENTS, That I, John Jones, of the Town of Waco, County of....... State of Texas, hereby const.i.tute and appoint........ of the city of Reno, County of Washoe, State of Nevada, as my true and lawful attorney, in fact and at law for me and in my name to act for me and appear for me as my attorney in any action that may or shall be inst.i.tuted by Mary Jones, my wife, against me for the dissolution of the bonds of matrimony existing between us, in the second Judicial District Court of the State of Nevada, in and for the County of Washoe; and in any such action to accept service of summons thereon and to plead to or demur to, or to answer any verified complaint or other pleading that may or shall be filed by said Mary Jones in any action in said court; and to do and perform any other act or acts or to take any other proceeding or proceedings he shall deem proper in said action.

"GIVING AND GRANTING unto my said attorney or his subst.i.tute full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and out of said action, as fully and to all intents and purposes as I might or could do if personally present with full power of subst.i.tution, hereby ratifying and confirming all that my said attorney or his subst.i.tute may do or shall cause to be done by virtue of these presents.

"IN WITNESS WHEREOF, I have hereunto set my hand and seal this......

day of July A. D., 1917.

"STATE OF TEXAS, COUNTY OF....... ss.:

"On this.... day of July, A. D., 1917, personally appeared before me, a Notary Public, in and for the County of......... State of Texas, John Jones, known to me to be the person described in and who executed the foregoing instrument and who acknowledged to me that he executed the same freely and voluntarily and for the uses and purposes therein mentioned.

"IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

"Notary Public in and for the County of ......... State of Texas.

Many people are under the impression that it is absolutely essential to engage a lawyer before reaching Reno, or immediately upon arrival.

Both of these conceptions are erroneous. It is considerably wiser to make one's selection after taking up a residence, when one has had an opportunity to discuss the matter with the local people who "know the ropes," and who are thus in a position to advise one right. No legal action is necessary until some months have elapsed, unless of course the case be exceptional, as the one below for instance.

The Nevada law provides that a suit for divorce may be immediately commenced in the county "where the defendant may be found." From this it will be seen that a plaintiff who has been a resident of Nevada for ten days or even one day, may sue at once if the defendant can be found in Nevada for service. That is, no six months period of residence is necessary at all, if the defendant happens to be there, or comes there for a reconciliation, to regain custody of children, to obtain a satisfactory property settlement, or for any other legitimate purpose, free from collusion.

A celebrated case of this kind was tried at Minden, Nevada, in 1920.

Below is a list of questions asked the plaintiff by the lawyer:

Q. When did you first come here?

A. The 15th day of February.

Q. Have you any other residence?

A. No, sir.

Q. Is it your intention to make Nevada your residence?

A. Yes, sir.

Q. Did you by any means know of the coming of your husband into this state?

A. No, sir.

Q. Did you make any arrangements whereby he was to come into this state?

A. No, sir.

Q. When did you first learn that he was in this State?

A. A friend told me he was coming to Nevada on business to look for a coal mine.

Q. Did he mention any place your husband might be going to?

A. Yes, he said something about Gold Hill.

Question by the Judge: Answer by Plaintiff:

Q. Do you know where there are coal mines in Gold Hills? You mean gold mines.

A. Yes, gold mines.

Questions by lawyer: Answers by Plaintiff:

Q. What if anything did you do on hearing that he might come into this state?

A. Why, I telephoned you and informed you.

Q. Did you see your husband?

A. No, sir.

Questions by Judge: Answers by Plaintiff:

Q. Did you have anything to do with the appearance of your husband in this vicinity?

A. No, sir.

Q. I want to have you very clear on this. No arrangements were made between yourself and your husband whereby he was to come into this state?

A. No, sir.

Q. When was it that you determined to stay in Nevada?

A. When the doctor told me I needed a change.

Q. And when was that?

A. That was at Christmas, about two weeks after.

Q. Have you ever, directly or indirectly, had any understanding with your husband that you should come into the State of Nevada and later-- being here--that he should come into this state, that you should inst.i.tute divorce proceedings and have him served with papers?

A. No, sir.