How Do you Obtain an Annulment When Your Spouse Won’t Sign?

In a one signature Annulment , one party acts as Plaintiff (the person who signs the Complaint for Nevada Annulment), and serves the other party (we arrange a process server for you) who is known as the Defendant. In some cases, the Defendant ignores receipt of the Complaint for Nevada Annulment and does nothing, in which case the annulment continues as an uncontested Nevada Marriage Annulment matter.

If that occurs, a Default is submitted the court on Day 22 after the date of personal service upon the Defendant (through a process server) or after the last date of the publication of the Summons if the Defendant could not be found by the process server.   Once the Default is granted, the Decree of Annulment is submitted for the judge’s signature. After your judge signs the Decree of Annulment, and the clerk files it, your Las Vegas Annulment becomes final.

If your annulment develops as above, it is still considered an uncontested Nevada annulment even if your spouse has not signed the annulment papers.

If the Defendant files an Answer denying the allegations in the Complaint for Nevada Annulment, the annulment is now considered contested.

Once a Nevada annulment becomes contested, a court hearing is usually scheduled by the judge. In most cases, you may attend the court hearing over the phone while the attorney is in the courtroom on your behalf.

When you cannot locate your spouse:
If you cannot locate your spouse, you may still obtain one signature annulment through a Publication process. This involves attempted service on your spouse at the last-known address by a process server, followed by publication of the Summons in a newspaper if the process server could not find your spouse to personally serve him/her the Nevada Annulment Complaint and Summons. Once your spouse has been properly served either in person or by publication, a Default may be entered on Day 22 after the last date of publication. Once the Default is granted, your Decree of Annulment can be submitted for your judge’s signature on the Nevada Decree of Annulment. Once the Decree is filed by the court clerk, your Nevada annulment is final. Filing a Las Vegas annulment through the process of publication takes approximately 16-20 weeks.