You file for divorce, but your spouse refuses to sign the paperwork. Now you’re left wondering, Can you divorce without the other person signing the divorce paperwork? Yes. Your spouse cannot prevent a Nevada divorce simply by refusing to sign or participate. If you properly serve them and they do not respond within the time allowed under state law, you can still get a divorce by asking the court to grant a default divorce.
Many spouses work with a divorce attorney to navigate Nevada’s complex divorce process. Mills & Anderson represents clients throughout Las Vegas and its surrounding counties. Our partners personally handle every case, drawing on decades of combined family law courtroom experience to guide clients through every stage of the divorce process.
Reach out to our team today for assistance.
When Can You Divorce Without the Other Person Signing?
You can successfully divorce without a signature from your spouse. Yet, in most cases, both spouses must still participate in the divorce process. You may resolve the terms of your divorce by creating and signing a settlement agreement, or, if you cannot agree, by asking the court to resolve disputed issues.
But what if your spouse refuses to participate, and you never reach the point where both of you can sign a settlement agreement or ask the court to resolve disputed issues?
Even if you cannot obtain your spouse’s signature, you can still get divorced by requesting a default divorce. People sometimes refer to these divorces as one-signature divorces because only one spouse participates in the process.
How Does the Court Decide a Default Divorce?
Although your spouse does not participate in a default divorce, the court must follow Nevada law and consider your spouse’s rights when it issues your divorce decree.
Some of the court’s main decision points include:
- Dividing marital property,
- Allocating responsibility for debts,
- Determining child custody,
- Establishing child support, and
- Awarding spousal support.
The judge affirmatively considers your spouse’s rights when evaluating these requests, despite their failure to participate.
How Do You Get a Divorce Without a Signature from Your Spouse?
If your spouse refuses to participate in the divorce process, you can use Nevada’s default divorce procedures to divorce them anyway. You begin your divorce by asking the court to end your marriage and resolve outstanding legal issues related to your family and finances. Many spouses work with a divorce attorney to guide them through what they need to do, when, and why.
File Your Complaint for Divorce
To start your case, you file a complaint for divorce with your local Nevada district court. If you live in Clark County, you generally file through the Family Division of the Eighth Judicial District Court. Your complaint tells the court what you want it to decide, such as dividing marital property, allocating responsibility for debts, determining child custody, establishing child support, or awarding spousal support.
After you file your complaint, the court opens your case and issues a summons.
Serve Your Spouse with the Divorce Papers
Next, you formally notify your spouse that you filed for divorce to allow them to participate in the case. You complete service of process by having someone deliver to your spouse the summons, complaint, and any other documents that you file.
If you cannot locate your spouse after diligent efforts, you can ask the court to allow you to use an alternative method of service. Depending on the circumstances, the court may allow service by publication or another method reasonably likely to notify your spouse. Your attorney can help document your search efforts and request alternative service when appropriate.
Wait for Your Spouse’s Response
After a process server delivers notice of the divorce, your spouse has 21 days after service to file a response with the court. In their response, your spouse may agree with your requests, dispute some, or dispute all of them. If your spouse does not respond, you may continue to the next stage by requesting a default.
Request a Default
After your spouse’s response deadline expires, you can ask the court to continue your divorce without your spouse’s participation.
To request a default, you file documents showing that:
- You properly served your spouse,
- Your spouse’s 21-day response period expired, and
- Your spouse did not file a response.
Your attorney typically prepares your default paperwork, ensures proper service, and submits the documents you use to request a default on your behalf.
Receive Your Divorce Decree
Finally, the court decides whether you satisfied the requirements for a default divorce. The judge reviews your filings to determine whether you properly served your spouse, waited for the response period to expire, and submitted the required default paperwork. If everything is in order, the judge signs your divorce decree, officially divorcing you from your spouse, regardless of their failure to participate.
When the judge signs the divorce decree, your marriage legally ends even though your spouse never signed the divorce papers.
Contact a Nevada Divorce Attorney
Your spouse cannot indefinitely prevent your divorce simply by refusing to participate or sign paperwork. Nevada’s default divorce procedures mean you can get a divorce without your spouse’s signature and move your case forward to obtain a final divorce decree. Mills & Anderson can guide you through the entire process.
We help clients throughout Nevada navigate contested, uncontested, and default divorces. Contact us today to learn how we can help move your divorce forward.
Frequently Asked Questions
Can a Divorce Be Granted Without Two Signatures?
Yes. A Nevada court can grant a divorce without two signatures as long as you properly serve your spouse and they do not respond within the required time.
Can My Spouse Stop the Divorce by Refusing to Sign?
No. Your spouse cannot prevent a Nevada divorce simply by refusing to sign or participate.
Do I Have to Attend a Court Hearing for a Default Divorce?
In default divorces in Nevada, the judge typically reviews the paperwork you file and decides whether to grant the divorce without a hearing. Yet, the court may schedule a hearing or request additional information if it needs more evidence before signing your divorce decree.
What Happens If I Cannot Find My Spouse?
If you cannot locate your spouse after diligent efforts to personally serve them, you generally ask the court to allow you to use an alternative method of service, like service by publication.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Application for decree of divorce by default; affidavit, NRS § 125.123 (2025).
- Alternative Service Methods, Nev. R. Civ. P. 4.4 (2019).
- Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing, Nev. R. Civ. P. 12 (2019).
