Vaile v. Eighth Judicial District Court of the State of Nevada

Young, L, with whom Shearing, J., agrees,

dissenting:

I disagree with the majority’s conclusion that the decree of divorce is voidable, not void; and I also disagree with the majority that Cisilie is judicially estopped from questioning the decree obtained through Scotlund’s fraud.

*2841. The decree of divorce is void, not voidable

In the majority opinion, my colleagues hold that the decree fraudulently obtained by Scotlund without establishing residency is voidable, not void. This holding is contrary to long-established law in this state and undermines Nevada’s statutory scheme requiring a six-week…