This is the next article in my series on the topic of “quick divorces” in our area. My last post discussed how long an uncontested divorce may take. It is important to understand that, while the uncontested process is streamlined and efficient, the parties must be in complete agreement on all issues to utilize it. Any disagreement between the parties will mean that they must utilize the contested process instead. An attorney can help you to determine whether the uncontested process is in your best interest. In this post I will be discussing the handling of matters in which a spouse cannot be located. If you are in need of assistance then contact my office today to speak with a lawyer.
Nevada divorce can be delayed if the whereabouts of a spouse are unknown
The first step in any divorce case is serving the other side with a Summons & Complaint. These documents are typically personally delivered by a process server. If the other side cannot be located, however, then this becomes complicated for obvious reasons. Fortunately, Nevada is like other states in that it allows for service to be completed through a process known as “publication.” When a spouse cannot be found then an investigator/process server must conduct a “due diligence search.” Once this search is completed then a request is made to the Judge to serve the defendant by publication. After a notice has been published in a local legal publication for five weeks, the defendant will be considered “served.” If no Answer is filed to the Complaint (it is rare that answers are filed in cases where service was by publication), within twenty-one days then the Defendant can be placed in default.
Once a default is filed with the Court then the Plaintiff’s attorney may place the matter on the Court’s calendar for what is known as a “prove up” hearing. This is a relatively short proceeding in which the Court will ask questions of the Plaintiff. The Plaintiff’s attorney will then prepare a Decree of Divorce which the Court will sign in chambers. Once the Decree is filed and noticed then the case will be concluded. While this beginning to end process is relatively straightforward, the process of serving the defendant, and waiting for a default, can take more than two months. This is the quickest a divorce can typically be completed when a defendant cannot be found.
An important fact to note is that Nevada is one of the most liberal states in the Country when it comes to willingness to set a Divorce Decree aside. In other words, if a case is entered by default after service by publication, then the Court may be willing to set the matter aside and re-litigate the case if the defendant comes forward and requests that the Judge do so. A defendant will only have a limited amount of time to come forward with such a request. Also, while the Court is often quick to set aside a default, it will not do so in every instance. How a Court will rule is always going to depend on the specifics of the matter.
A Las Vegas divorce attorney can assist you with ensuring that the matter is handled correctly
If you are hoping to obtain a quick divorce then any errors in the handling of the case can lead to delays. Such errors can include submitting an insufficient affidavit of due diligence, not including needed details in the Motion for service by publication and more. Such delays may even lead to the case being dismissed and one having to start the process over. Retaining an experienced family law lawyer to assist you can help to ensure that such problems are prevented.
If you are considering ending a marriage then contact my office today to speak with a Las Vegas divorce attorney. I understand that time can be of the essence in such matters. My office will give your case the time it both needs and deserves. I pride myself on providing a high level of service and we look forward to speaking with you. Contact us online or by telephone today.