Legal Question in Family Law in Nevada
Service
What is the best way to serve a divorce proceeding if you dont know where your spouse is, and havent seen them for years.
2 Answers from Attorneys
Re: Service
Short Answer- Publication Divorce
You must send a copy of he complaint to the last know address. If it's a local address you must attempt service. You can then get a court order allowing you to place an ad (publish) the summons. Afdter a 5 week run you count 20 days take a default and presto- your divorced,
My office does these for $1500 (3 payments of $500) + fees ($187 to file $100 for the ad + any service or due diligence fees) It takes 13 to 16 weeks to complete the whole process.
Re: Service
If we cannot locate the spouse we are trying to serve we have our process server make an effort to locate the individual. If he cannot locate the individual, he prepares an Affidavit of Due Diligence. We then submit that Affidavit with a Motion to the Court requesting that we be allowed to publish the summons. If the court approves this request then we publish for 4 weeks. At the end of 4 weeks, the other party is deemed served. At that point, you have to wait 20 days (the statutory time period for an individual to answer once they have been served). At the end of the 20 days you can file a default. The matter is then ready to proceed to the final decree and either submission or a prove up. If you have any questions about this process you should contact an attorney.