What to Do If You’ve Been Served with a Complaint with Divorce

Reno divorce complaint served by spouse

How to Respond to the Divorce Complaint

A complaint is the first official step in initiating a divorce in Reno, Nevada. A divorce is never easy, but a divorce lawyer can facilitate the process of being served. In order to keep the divorce process as simple and straightforward as possible, it is crucial to review the following steps.

I. Review the Complaint

The first thing you should do when you are served a complaint for divorce is to read the complaint. Nevada is a no-fault state, which means that the spouse who is filing for divorce does not have to prove fault on the other spouse. While a spouse has the option to file for a no-fault divorce in Reno, Nevada, they can still choose to file a divorce based on the fault of the other spouse. When you have been served with a complaint for divorce, it is important to read through the complaint and understand what the opposing party is requesting. A Reno divorce lawyer can help explain the parameters of the complaint and provide direction on how to move forward.

II. Decide How you Want to Proceed

When you read through the complaint, decide what points you agree with and disagree with within the file. In the case that you agree with everything that your spouse is asking for in the complaint, there is a possibility that you do not need to file anything and can get the complaint converted into a Divorce Decree within 21 days of the initial complaint filing. If there is any part of the complaint that you disagree with, you will need to create a response to the complaint to file through the court. It’s important to take note of the deadlines surrounding the divorce as well. In Reno, Nevada, the court grants you 21 days to respond once you have been served the complaint. 

III. Hire an Attorney

It is not required for someone who has been served with a complaint for divorce to hire an attorney, but a divorce attorney can help you respond to the complaint and explain the divorce proceedings. If you decide to hire an attorney, it is best to do so as soon as possible after you have been served with the complaint. Carlson & Work of Reno, Nevada has several experienced family law attorneys available to assist you with the process of being served with a complaint.

IV. Fill Out and File the Forms Through the Court

In Reno, it is required that you file either an answer to divorce or an answer with a counterclaim to divorce within 21 days of being served the complaint for divorce. A financial disclosure form is also required to be filed within 30 days of the filing of your answer.

V. Serve the Plaintiff

The Reno court system will not serve your spouse the answer to complaint papers for you. Once you have filled out and filed the papers, you must have someone 18 years of age or older serve the Plaintiff for you.

The idea of being served with a complaint for divorce may seem stressful and complex, but it doesn’t have to be with the help of a reputable divorce attorney. Call Carlson & Work of Reno, Nevada today at 775-386-2226 for assistance in being served with a complaint for divorce.


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