Is there a way to get a divorce in Nevada without spouses signature?
Full Question:
Answer:
There are basically three methods for securing a divorce decree in Nevada. If the respondent is properly served, but never files a response, the petitioner can request that the court order the divorce by default. Also, the couple may agree on all the issues in the case and obtain a decree by settlement, stipulation, or agreement. If the parties cannot agree, the case can be decided by a judge after a trial.
The following are Nevada statutes:
NRS 125.010 Causes for divorce.
Divorce from the bonds of matrimony may be obtained for any of the
following causes:
1. Insanity existing for 2 years prior to the commencement of the action.
Upon this cause of action the court, before granting a divorce, shall
require corroborative evidence of the insanity of the defendant at that
time, and a decree granted on this ground shall not relieve the successful
party from contributing to the support and maintenance of the defendant,
and the court may require the plaintiff in such action to give bond
therefor in an amount to be fixed by the court.
2. When the husband and wife have lived separate and apart for 1 year
without cohabitation the court may, in its discretion, grant an absolute
decree of divorce at the suit of either party.
3. Incompatibility.
NRS 125.110 What pleadings and papers open to public inspection; written
request of party for sealing.
1. In any action for divorce, the following papers and pleadings in the
action shall be open to public inspection in the clerk's office:
(a) In case the complaint is not answered by the defendant, the
summons, with the affidavit or proof of service; the complaint with
memorandum endorsed thereon that the default of the defendant in not
answering was entered, and the judgment; and in case where service is
made by publication, the affidavit for publication of summons and the
order directing the publication of summons.
(b) In all other cases, the pleadings, the finding of the court, any
order made on motion as provided in Nevada Rules of Civil Procedure, and
the judgment.
2. All other papers, records, proceedings and evidence, including
exhibits and transcript of the testimony, shall, upon the written request
of either party to the action, filed with the clerk, be sealed and shall
not be open to inspection except to the parties or their attorneys, or when
required as evidence in another action or proceeding.
NRS 125.120 Court may grant divorce to either party.
In any action for divorce when it appears to the court that grounds for
divorce exist, the court in its discretion may grant a divorce to either
party.
NRS 125.123 Application for decree of divorce by default; affidavit.
An application for a decree of divorce by default may be made by
affidavit unless the court requires oral testimony of the witnesses. If
there is a marital settlement agreement, it must be identified in the
affidavit and attached to the affidavit as an exhibit. Any affidavit made
to support the application, including an affidavit to corroborate
residency, must:
1. Be based upon the personal knowledge of the affiant;
2. Contain only facts which would be admissible in evidence;
3. Give factual support to each allegation in the application; and
4. Establish that the affiant is competent to testify to the contents of
the affidavit.
NRS 125.510 Court orders; modification or termination of orders; form for
orders; court may order parent to post bond if parent resides in or has
significant commitments in foreign country.
1. In determining the custody of a minor child in an action brought
pursuant to this chapter, the court may, except as otherwise provided in
this section and chapter 130 of NRS:
(a) During the pendency of the action, at the final hearing or at any
time thereafter during the minority of any of the children of the marriage,
make such an order for the custody, care, education, maintenance and
support of the minor children as appears in their best interest; and
(b) At any time modify or vacate its order, even if the divorce was
obtained by default without an appearance in the action by one of the
parties.
(The party seeking such an order shall submit to the jurisdiction of the
court for the purposes of this subsection. The court may make such an
order upon the application of one of the parties or the legal guardian of
the minor.
2. Any order for joint custody may be modified or terminated by the court
upon the petition of one or both parents or on the court's own motion if it
is shown that the best interest of the child requires the modification or
termination. The court shall state in its decision the reasons for the
order of modification or termination if either parent opposes it.
3. Any order for custody of a minor child or children of a marriage
entered by a court of another state may, subject to the jurisdictional
requirements in chapter 125A of NRS, be modified at any time to an order of
joint custody.
4. A party may proceed pursuant to this section without counsel.
5. Any order awarding a party a limited right of custody to a child must
define that right with sufficient particularity to ensure that the rights
of the parties can be properly enforced and that the best interest of the
child is achieved. The order must include all specific times and other
terms of the limited right of custody. As used in this subsection,
"sufficient particularity" means a statement of the rights in absolute
terms and not by the use of the term "reasonable" or other similar term
which is susceptible to different interpretations by the parties.
6. All orders authorized by this section must be made in accordance with
the provisions of chapter 125A of NRS and must contain the following
language:
PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION
OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY
AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a
limited right of custody to a child or any parent having no right of
custody to the child who willfully detains, conceals or removes the child
from a parent, guardian or other person having lawful custody or a right of
visitation of the child in violation of an order of this court, or removes
the child from the jurisdiction of the court without the consent of either
the court or all persons who have the right to custody or visitation is
subject to being punished for a category D felony as provided in NRS
193.130.
7. In addition to the language required pursuant to subsection 6, all
orders authorized by this section must specify that the terms of the Hague
Convention of October 25, 1980, adopted by the 14th Session of the Hague
Conference on Private International Law, apply if a parent abducts or
wrongfully retains a child in a foreign country.
8. If a parent of the child lives in a foreign country or has significant
commitments in a foreign country:
(a) The parties may agree, and the court shall include in the order for
custody of the child, that the United States is the country of habitual
residence of the child for the purposes of applying the terms of the Hague
Convention as set forth in subsection 7.
(b) Upon motion of one of the parties, the court may order the parent to
post a bond if the court determines that the parent poses an imminent risk
of wrongfully removing or concealing the child outside the country of
habitual residence. The bond must be in an amount determined by the court
and may be used only to pay for the cost of locating the child and
returning him to his habitual residence if the child is wrongfully removed
from or concealed outside the country of habitual residence. The fact that
a parent has significant commitments in a foreign country does not create a
presumption that the parent poses an imminent risk of wrongfully removing
or concealing the child.
9. Except where a contract providing otherwise has been executed pursuant
to NRS 123.080, the obligation for care, education, maintenance and support
of any minor child created by any order entered pursuant to this
section ceases:
(a) Upon the death of the person to whom the order was directed; or
(b) When the child reaches 18 years of age if he is no longer enrolled in
high school, otherwise, when he reaches 19 years of age.
10. As used in this section, a parent has "significant commitments in a
foreign country" if he:
(a) Is a citizen of a foreign country;
(b) Possesses a passport in his name from a foreign country;
(c) Became a citizen of the United States after marrying the other parent
of the child; or
(d) Frequently travels to a foreign country.