Las Vegas, NV asked in Divorce and Family Law for Nevada

Q: A NV sheriff has divorce papers from NY where my husband lives.What happens if I don't accept them?

I don't want to make this easy for him. What he did to me is beyond belief after 24 years of marriage. I would Iike to know my options .

Related Topics:
1 Lawyer Answer

A: Proper service does not require 'acceptance.' If the papers are handed to you or otherwise placed into your knowing possession, then you have been served. Service can also be made by giving the papers to an adult staying at your home. In Nevada, service can even be made to a guard in a gate-controlled neighborhood.

If your husband is unable to serve you, he may ask the court to allow service by alternative means. Sometimes courts will allow service by email, certified mail, Facebook, or other methods reasonably calculated to give notice. This is especially true if someone seems to be deliberately avoiding service. Alternative service can also be made by publication, which means publishing in a newspaper for a length of time. Some of these newspapers are not widely read, so you run the risk of getting no actual notice of the divorce lawsuit.

If you do not respond to a divorce complaint that has been served, whether it has been served by placing it in your possession, by publication, or by other alternative means, then you husband can obtain a default and automatically win everything requested in the complaint.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.