Divorce ยท Nevada Family Law
Can You Get a Divorce in Nevada Without Both Signatures?
Your spouse refusing to sign doesn't trap you in a marriage. Here's exactly what Nevada law allows โ and how the process works when they won't cooperate.
The Direct Answer
Yes. You can get divorced in Nevada without your spouse's signature. Nevada is a no-fault divorce state โ only one spouse needs to want the divorce for it to happen. Your spouse can slow the process, but they cannot stop it.
This is one of the most common questions we hear from people who feel stuck โ their spouse is dragging their feet, refusing to engage, or has disappeared entirely. The answer is always the same: Nevada law does not require your spouse's cooperation to end your marriage.
What your spouse can do is contest the terms โ fight over property, custody, or support. What they cannot do is prevent the divorce from happening. Here's exactly how it works.
Why Nevada Doesn't Require Both Signatures
Nevada recognizes "incompatibility" as sufficient grounds for divorce. This means one spouse simply needs to state that the marriage is no longer working. The other spouse's opinion on the matter is legally irrelevant to whether the divorce will be granted.
This is fundamentally different from a fault-based divorce system where you'd have to prove the other spouse did something wrong. In Nevada, you don't have to prove anything except that at least one of you is done.
Spouse Won't Sign? We Can Still Move Your Case Forward.
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What Happens When Your Spouse Won't Sign
There are a few different scenarios, and the path forward depends on which one applies to you:
Spouse won't respond at all
File for divorce, serve them properly, wait the required time, then request a default. The court grants the divorce based on your filing.
Spouse can't be located
Nevada allows service by publication โ an ad in an approved newspaper. After completion, the court can proceed without direct service.
Spouse refuses to accept service
A process server can serve papers without the spouse's cooperation. Deliberate avoidance opens the door to alternative service methods.
Spouse responds but contests terms
The divorce still proceeds. Now it's contested and a judge decides the disputed issues. You will still get divorced.
The Default Divorce Process in Nevada
If your spouse doesn't respond after being properly served, you can pursue a default divorce. Here's the step-by-step:
1
File Your Complaint for Divorce
File with the Clark County Family Court. Pay the filing fee (~$250โ$300) and receive a case number.
2
Serve Your Spouse
Your spouse must be formally served with the divorce papers โ by a process server, sheriff, or another adult who is not you.
3
Wait 21 Days for a Response
In Nevada, your spouse has 21 days after service to file a response. If they don't respond, you can move forward.
4
Request Entry of Default
File a Request for Entry of Default with the court clerk. The court formally notes your spouse has not responded.
5
Submit Your Proposed Decree
Submit your proposed Decree of Divorce with your requested terms. The judge reviews and, if satisfied, signs it.
Important: Even in a default divorce, Nevada courts will scrutinize any child custody and support terms to ensure they meet the legal standard. You can't simply request anything โ what you ask for must align with Nevada law.
When Your Spouse Is Actively Avoiding Service
If your spouse is deliberately dodging service, your attorney can use several tools:
- Skip trace to locate a current address
- Attempt service at their workplace
- Request court permission for service by publication (newspaper notice)
- In some cases, request service by email or social media with court approval
Deliberately avoiding service doesn't protect your spouse โ it just adds time to the process. The court will eventually allow the divorce to proceed.
What If Your Spouse Contests the Terms?
If your spouse responds but disagrees on property, custody, or support, your divorce becomes contested. A judge hears both sides and makes the decisions your spouse refuses to agree on. It takes longer and costs more โ but the divorce still happens.
Your spouse's refusal to agree on terms does not stop the process. It just means a judge decides instead of you two.
Your Spouse Can't Keep You Trapped. We Can Help.
Whether they won't sign, won't respond, or can't be found โ we know exactly how to move your case forward.
Rosenblum Allen Law Firm โ When It Matters Most
Frequently Asked Questions
Can you get a divorce in Nevada if your spouse won't sign?
Yes. Nevada is a no-fault divorce state, which means you do not need your spouse's consent or signature to get divorced. You can file on your own, serve your spouse, and if they fail to respond, obtain a default divorce decree.
What happens if my spouse refuses to be served divorce papers in Nevada?
If your spouse actively avoids service, Nevada courts allow alternative methods including service by publication in a local newspaper. After completing proper service attempts, the court can allow you to proceed even if your spouse was never personally served.
What is a default divorce in Nevada?
A default divorce occurs when one spouse files, properly serves the other spouse, and the served spouse fails to respond within 21 days. The court can then grant a divorce based on the filing spouse's requests without the other spouse's participation.
Can my spouse stop the divorce from happening in Nevada?
No. In Nevada, one spouse cannot prevent a divorce from happening. They can contest the terms โ property, custody, support โ but they cannot stop the divorce itself.
How long does a divorce take if my spouse won't cooperate in Nevada?
If your spouse won't respond at all, a default divorce can sometimes be completed in 6 to 8 weeks after service. If your spouse participates but contests the terms, expect 6 months to over a year depending on complexity.
Ready to Move Forward โ With or Without Your Spouse?
We'll tell you exactly where you stand and what it takes to get this done. Rosenblum Allen. When It Matters Most.
Rosenblum Allen Law Firm โ When It Matters Most