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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.