This is a question we get asked so often from both annulment and divorce clients that we decided to address it in more depth here.
First off, whether you are filing an annulment or a divorce, it is always less expensive and faster to have it granted if your spouse signs the papers. This is because, if your spouse won’t sign, Nevada law requires that your spouse be served with the Complaint for Divorce (or Complaint for Annulment), and then be given 21 days after the date of service (consecutive calendar days and not business days) to respond to the complaint.
Please note, that if you are in a domestic violence situation, it would be far better to have the Defendant served rather than face a violent situation when you ask your spouse to sign the papers.
If you have no idea where your spouse resides and a skip-trace does not turn up a current address for him or her, then permission from the judge may be obtained to publish the Summons as a way to notify the Defendant of the annulment or divorce action. Publication of the Summons takes place once a week for five weeks (when filed in Nevada). And just as in when the Defendant is served personally, there is a 21-day waiting period after the last date of publication to give the Defendant an opportunity to respond.
If the Defendant does not respond, we can now submit a Default to the court. A Default essentially means that the Defendant does not object to the divorce or annulment because he or she did not respond. A Default is granted by the court with proof of service, either personal or by publication.
To properly respond to a Complaint for Divorce (or Complaint for Annulment) the Defendant must file an Answer and CounterClaim with the Family Court where the case was filed, and must do so no later than 21 days after he or she was served with the Complaint.
Should your spouse actually file an Answer and CounterClaim after he or she has been served, your divorce or annulment is now considered a contested matter.
If your spouse contests, the first thing the court does is set a Case Management Conference, which is essentially forced mediation. We are strong advocates of mediation as it avoids much anxiety for the parties as well as save them a lot of money. Our philosophy is, if you can’t come to an agreement on your own, why not enter into mediation before filing and therefore avoid high attorney fees for both sides (minimum of $2500-$5000 for each party in most cases) just to end up in mediation anyway?
The actual Case Management Conference takes place at court. Both Plaintiff and Defendant and their attorneys are expected to appear. The goal of the Case Management Conference is to come up with an agreement that will avoid a costly trial. If no agreement can be arrived at, the court will set a date for trial and the judge will decide on the matters of property and, or, debt, division as well as on the matters of child support, custody and visitation if you have children.
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We can answer questions and help you with a contested Nevada divorce.
I was married to an Ukranian Russian, that dissappeared after I couldnt afford the application fees for green card.
What do I do?
Hi Niko, you might be eligible to file for an annulment depending on various factors. A divorce is also a possibility. Whether or not we can help depends on whether you were married in Nevada and/or you live in Nevada. Call our office at 702-420-7052.
Hello Niko,
you can file for either a divorce or an annulment in Nevada if you are a resident here. Otherwise, if you were married in Nevada, but do not reside here, you are eligible to file an annulment in Nevada without being a resident. If you were neither married in Nevada and don’t live here, you’ll have to file a divorce or annulment in your state of residency.
Before we were married my wife told me she did not have children.
After being married for over 2 years I have found that her whole life is a lie. Her “little brother” is actually her son. There are a host of other lies that are starting to seep out. We now have a child together and I want to file for an annulment as soon as I receive verification that her brother is her son. Can I move out with my child when I have her served? I live in Clark County, N Las Vegas Nevada.
Hello, you can move to any location in Nevada, theoretically speaking. Best to speak to an attorney about your case as this appears to be too complicated to be answered here. You can call us at 702-420-7052
Thinking of filling Divorce in your state. Is it possible to file even though mu husband is residing in the Philippines?? We have one child who is 23 yrs. Old. We’re married in the Philippines and i move here in Iowa in 1998.
We filed a joint petition. All the papers went through and now my wife will NOT sign the decree of divorce. What can I do?
Hello Corey,
Typically, the parties to a joint petition divorce sign all of the documents at the same time, so I haven’t seen situations like yours. If you used the services of an attorney, reach out to that attorney. If you filed on your own and she won’t sign the decree, you might have to file a complaint for divorce instead, but I’d need more details to give you an answer. Though since I’m very late responding to this comment, I imagine you’ve resolved the situation by now.
I filed for divorce and he never responded. Do I have to file any more paperwork? If I don’t file anything else what will happen? Will the divorce still go through?
Hello Monica, if you filed, served him, and he did not respond, you now have to go through obtaining your divorce through the Default process.
Hi,
If I got married in Nevada and moved back to California 3 months after the wedding but my husband is still a resident of Nevada but does not want the divorce, can I still file for a divorce in Nevada?
Hi Marta, as the Defendant lives here and has choice of venue, you can file your divorce here. It’s a bit more complicated when the Plaintiff isn’t the resident, but we do this all the time. Just all our office for details, 702-420-7052. There are too many variables to address here.
Got married in 2011 me and wife seperated in 2015. Been trying to get a divorce but no funds to do it and no way of getting in contact with her. Is there a way to finally get this done. Ive been trying for years and to no avail any help or advice
Hi John,
I don’t know about in other states, but in Nevada, Family Court has a self-help section to help people who can’t afford an attorney. Just contact Family Court in the county where you reside.
Hi
My husband filed a divorce in nevada and i contested. He filed a motion to dismiss because he is afraid he will.be deported as he is an illegal alien. It was dismissed. The following month he filed again a divorce in another court. Is it possible. What if i will contest again.
Hello Ma,
he’s entitled to file the divorce again and you are entitled to contest it again.
What happens if my spouse doesn’t show up to the divorce trial? I am in Nevada.
Hello Joe,
a judge could choose to move forward with the trial anyway, and you might be able to obtain a divorce by default.