Repercussions of Not Responding to a Complaint for Divorce
In Reno, Nevada, a complaint for divorce initiates the official divorce process through the court. This complaint for divorce can be filed long after the separation of two spouses, but once it has been filed and served to the other spouse, several deadlines are formed for the other spouse to respond to. A divorce lawyer can help you identify the important deadlines of a divorce proceeding in order to avoid unfavorable rulings.
I. Default Judgement
When a spouse has been served a complaint for divorce and fails to file an answer to the complaint within 21 days of being served, the court will enter a default judgment. A default judgment assumes that the served spouse agrees to everything written in the complaint for divorce and the case will be settled in favor of the petitioning spouse. The non-petitioning spouse is required to follow the court’s default judgment ruling, even if they do not agree with the outcome.
II. What to Do Next
A spouse should never try to prevent divorce by not responding to a complaint for divorce, but if it happens, it is best to consult a divorce attorney on what to do next. In some cases, a spouse may be able to have the entered default judgment set aside. In order to do so, the spouse must have a valid explanation for why they failed to respond to the complaint for divorce.
Since Nevada is a no-fault state, a spouse can seek a divorce on the grounds of incompatibility, making it possible for a divorce to occur without the other spouse’s consent. Even if you do not want a divorce, it is crucial to respond to being served with a complaint for divorce with an answer to divorce within the appropriate 21-day deadline. If you are unsure how to reply to a complaint for divorce, contact the experienced divorce attorneys of Carlson & Work 775-386-2226 today.