"The statutes of Nevada expressly provide that, if the cause of action occurred in Nevada, that is, if the last acts of the defendant took place in Nevada, or if the plaintiff and defendant last cohabited in Nevada, or if the defendant without collusion can be served with papers in Nevada, the plaintiff need not reside there six months or for any other definite period. In line with this express provision of Nevada's laws, if a plaintiff comes to Nevada to begin a residence, and if the defendant comes here for any other purpose than to submit to service of the papers, which would be collusion, but bona-fide to secure the custody of children, to procure a settlement of property matters and alimony, to bring about a reconciliation, etc., service of the summons and complaint may forthwith be made upon him in Reno, and the case may proceed to trial at the end of ten days without the six months' residence period by either party.
"19. How is the fee paid, and when?
"As to fees for legal services, some attorneys require the entire fee in advance; some allow the fee to wait until some adjustment or settlement is made, or until the case is ready for trial, but the better method for both client and attorney is for the client to pay down one-third of the fee as a retainer, one-third at the time of filing the complaint, and the balance of one-third on the day set for the final trial of the case.
"20. Please state the effect the Nevada divorce has in different states. For instance, I know a woman who got her divorce in Nevada and married again in New York; her first husband sued her for divorce in New York and accused her of adultery and got a divorce. Please state if the divorce is absolutely legal when the defendant is not represented, because I am very anxious that my book shall state only facts. I don't want to lead anyone astray on that subject. I am quite sure the divorce is not legal if it is simply obtained by advertising, as I myself was about to be handed back my divorce papers, and refused a marriage license in New York, when I explained that my husband had been personally represented. If that had not been the case I would not be the happy lady I am today.
"Nevada divorces, exactly like the divorces granted in other states, are valid as follows: if the defendant be served in Nevada, in the event he appears in the cause either for contest or voluntarily, for the purpose of submitting to the jurisdiction of the court, the decree is absolute and valid the world over, freeing both parties from the moment it is granted.
"If the defendant be served outside of the state of Nevada, either personally or by publication and mailing, and should not make an appearance in the case, the case goes by default and the decree, which is held valid in most cases as a matter of comity, is seriously questioned in the states of New York, Massachusetts and Illinois. Its validity is questioned, however, only in favor of a defendant who is a resident and citizen of the state where its validity is brought into court, that is, a resident of Illinois obtaining a divorce in Nevada by default against a defendant who resides in Illinois, will find that his decree of divorce is valid beyond a question in New York and Massachusetts and all other states except Illinois. Likewise, a resident of New York may depart from his home, take up his abode in Nevada, obtain a default decree against a spouse domiciled in New York and may marry again and live in any other state, except in the state of New York. It might be noted here, however, that many hundreds of plaintiffs have obtained default decrees under such circumstances and have married again, returned to New York state and have lived there without difficulty. Most foreign countries give validity to a Nevada decree.
"Respectfully submitted,
"H. WALTER HUSKEY."
In considering a divorce in Nevada, the traveling expenses are quite an item; therefore I have written to the Traffic Department of the Pennsylvania Railroad System, and in a letter under date of February 6th, 1921, from the Traffic Manager of that company, I am indebted for the following information:
"Regarding tickets, etc., to Reno, Nevada; round-trip tickets are not sold to Reno, but it is possible to purchase a round-trip ticket from New York to San Francisco or Los Angeles, and use it only as far as Reno. (I found that the greatest advantage of this ticket was that one could have a peep at San Francisco and Southern California without any extra cost, as one returns to the East.—Author). This ticket has no validation feature.