Nevada Divorce When Your Spouse Won't Cooperate (2026)

Nevada does not require your spouse's cooperation. File the Complaint for Divorce, serve your spouse, and proceed to a default if they don't respond.

Solo Complaint — No Cooperation Needed

File the Complaint for Divorce alone (not the Joint Petition — that requires both parties). Pay $284–$320. Serve your spouse. If they don't file an Answer, proceed to default.

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service (Appearance/Acceptance/Waiver of Service). Many spouses sign this even if they're not cooperative in other ways — it avoids the embarrassment and inconvenience of being served by the Sheriff.

Option 2 — Sheriff's Service (Constable/Process Server)

In Clark County, service is typically done by a process server (not the Sheriff's department). In other Nevada counties, the Sheriff's office may serve.

• Cost: $50–$150 for process server in Clark County

Option 3 — Certified Mail

Permitted in some Nevada courts for service on a cooperative-enough spouse. Check local rules.

Option 4 — Service by Publication (Unknown Location)

If you cannot locate your spouse after a diligent search:

1. File an Affidavit of Diligent Search
2. Court authorizes publication
3. Publish in a qualified Nevada newspaper for a specified period
4. Cost: $150–$300 (newspaper)
5. Limitation: Default Decree entered on publication service may be limited in its ability to adjudicate all property claims — the court can dissolve the marriage but may have limited jurisdiction over property and support without personal service

After Service — Response Deadline

The Respondent has 20 days after personal service to file an Answer. If no Answer is filed:

1. File a Motion for Default (or request clerk's default — check local rules)
2. Default entered
3. No waiting period — proceed to default hearing
4. Present evidence: Resident Witness Affidavit, proof of community property, proposed Decree
5. Judge enters Decree of Divorce by default

Temporary Orders

During the case, file a Motion for Temporary Relief for:

• Temporary spousal support
• Exclusive use of the marital home
• Restraining order against dissipation of community assets (one spouse liquidating or hiding assets)
• Temporary custody and child support (if children)
• Automatic Temporary Restraining Orders may be available in your county — check local rules

Last reviewed: March 2026 | No waiting period | 20-day response window | Clark County: use process server | Motion for Default if no Answer | Temporary relief available | Resident Witness Affidavit still required | nevadalawhelp.org | clarkcountycourts.us/self-help

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.