Can divorce be filed / granted without being signed by one party

Naturalized US citizen male born in Philippines
and lived in Las Vegas NV since age 3, had
been married to a Philippine national who
already became naturalized US citizen as well,
is filing a divorce against the wife who has lived
back in Philippines for 4 years now and brought
the only child with her. She was served a
summon first time by a private server who
provided an affidavit, but court said it expired
due to untimely submission to court. Second
summon brought by the husband personally
but wont sign it. Can divorce proceed and be
granted ? What is the husband next move ?

Asked on May 19, 2016 under Family Law, Nevada

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In such a situation, the spouse who files for the divorce known as the "petitioner", can obtain a "divorce by default". As long as a valid summons and complaint has been filed with the court and the non-filing spouse known as the resopndent, has been properly served, the petitioner is entitled this type of divorce if the respondent fails to file an answer to the action within the specified time (generally 30-60 days). After that time, they will be deemed to have "defaulted". Accordingly, the petitioner can file their final paperwork and appear before the judge, who will make their ruling solely on the petitioner's written/oral testimony. A divorce is then granted generally on the terms requested. At thos point, you'll need to consult with another attorney in your area; they can best advise you further.


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