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Im beginning the divorce process and need some advice. First…

Im beginning the divorce process...
Im beginning the divorce process and need some advice. First I doing a non contested divorce because we have been separated for over 20 years and had no assets so nothing to contest. If I serve her with papers do I sign them in front of a notary before sending them? It seems it might show intent to actually do the divorce. Second after serving how long does she have to sign or contest? Im trying to do this as quick as possible. Are there process servers who are also notary's? What are some good ways to encourage someone to go along? Need these answers quickly. Thanks
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Answered in 5 hours by:
3/14/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,189
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am currently working on responses to your questions and should have that to you shortly.

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To file for an uncontested divorce in Nevada, one of you needs to have been a resident of the state for at least 6 weeks. If that residency requirement is met, the papers can be filed in the county in which either of you lives. The filing will be in the district court of that county. The grounds for a no-fault divorce can include living apart, without even a night together, for a minimum of one year. You clearly meet that requirement based on the facts you provided. Thus, you can file a complaint or petition yourself for divorce setting out when you were both married, the date or month/year in which you separated, you will want to state that you have been apart and separated since that time without even one night together, that you have no community property to divide and are merely seeking the court's entry of an order of divorce. Or, which is I believe what you are planning, you can both file a Joint Petition for Summary Divorce, setting out the same details above and signed by you both, with both signatures being notarized.

As an alternative to getting her signature or if she delays signing or won't sign, you can also just petition the court yourself stating the same as above and serve her with the complaint or petition. She would then have a period of time to respond and file that response with the court and if she failed to do so you could proceed.

In terms of encouraging her or getting things done quickly, if you send her papers to sign I would include a requested date by which you want or need them returned to get things filed or you will be forced to file your own petition for divorce, which can be more timely and costly to you both. Without a deadline, she may not return them quickly.

The following is a summary of how to proceed in your situation:

Nevada offers two routes to a summary divorce. One is when the spouses file a joint petition, under oath (notarized), as well as an Affidavit of Corroboration of Residency by a witness - this is an affidavit by at least one of you stating you meet the 6 week residence requirement. The summary divorce may be granted when these conditions are met:

> Either spouse has been a resident of Nevada for six weeks;

> The spouses are incompatible and have lived separate and apart without cohabitation for a year;

> There are no minor children and the wife is not pregnant, or the couple have negotiated an agreement about custody and support for any such children;

> There is no community property;

> Both spouses waive their right to support;

> Both spouses waive: a) the right of notice of entry of the final decree of divorce; b) their rights to appeal the divorce; c) their rights to request findings of fact and conclusions of law at a divorce hearing; d) their rights to a new trial;

> Both spouses want the court to enter the divorce.

Using this route, you would file a notarized Joint Petition for Summary Decree of Divorce without Children, and a notarized Affidavit of Resident Witness, which authenticates your Nevada residency.

Nevada also provides for a summary default divorce by affidavit. In this routine, the affidavit states the following:

> That the residency requirements have been met;

> That all the information in the affidavit is "correct and true" on the personal knowledge of the one signing the affidavit;

> That the affidavit contains only facts which would be admissible;

> That there are facts to support every allegation in the affidavit - which would include all the facts about when you were married, when you separated, how long you've lived separate and apart, and that there is no property to divide;

> That the person signing the affidavit is competent.

In addition, each of routes also requires the completion and filing of the following forms:

> A Civil Cover Sheet, which identifies the parties and the type of action;

> A Verification of Pleadings, which authenticate the claims;

> A Request for Submission, which routes the action;

> An Affidavit of Residency, which authenticates that the parties meet the residency requirement.

These forms are available from the court.

If the couple do not file jointly, the Plaintiff must file a verified Complaint for Divorce (No Children). This must be served upon your wife personally or by mailing.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action has been proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 4 months ago
Thank you for the quick response. I have secured the forms to file from an online service to help insure all are prepared and filled out correctly. When I get them do I sign first then send them to her or wait till she signs and then sign them? Can I use a mobile notary to send the forms to her so she can sign right away? And lastly in your opinion which of your above methods is fastest?

It does not matter who signs first as long as both of you sign before they are filed. There is no problem with sending a mobile notary if you think she will go ahead and sign or that would encourage her to do so. The Joint Petition, assuming there isn't a delay in her signing, will likely be faster and it also is the cleanest as she can't come back and claim not to have received the paperwork since she signed it.

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Customer reply replied 4 months ago
have a Joint Petition done and use a mobile notary if I feel she will sign on the spot. In your opinion does this way work most of the time or do they hesitate for fear of losing something?

If you have been separated for so long and have no community property, there is really no reason for her not to sign. That is not to say, you can know for sure. It is certainly the easiest and cleanest way if you are pretty sure she won't have any problem with it.

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Customer reply replied 4 months ago
Do you feel its a good or bad idea to include a personal note from me to her saying why she should sign the papers. You know maybe an apology or something?

That depends a little on the circumstances of your marriage, why you separated and why you've been apart for so long without getting divorced. Rather than an apology - unless you believe you owe her one - a personal note just stating that after so much time you wanted both of you to be able to move forward and that you wish her all the best could be beneficial. But keep in mind, I do not know her; you do. If you have not been in contact with her for a while a phone call might not hurt either to avoid this coming as a shock.

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Customer reply replied 4 months ago
We separated for reasons that I dont know. She never told me. So from a woman's perspective do you feel a note first then a call?
Customer reply replied 4 months ago
also, once the papers are given to her and she signs them how does it get to court to get processed? Do they need to get back to me first?

I think either a note then a call or a call then a note, but I would send something prior to the divorce papers, so that she has some sort of warning/expects them. Being delivered the papers with no warning could be surprising and cause her to react badly. Once she does sign them, she will return them to you and you will need to file them with your local court. There is a filing fee or a form to fill out if you cannot afford the fee. I do not believe I sent this along yet - but the Nevada courts website does a great job of walking you through it and also linking to the forms you will need to complete so you don't have to draft everything from scratch: http://selfhelp.nvcourts.gov/self-help/divorce/filing-for-divorce-together/joint-petition

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This link is for all counties other than Carson and Washau - if you are in one of those counties, start here and select that county's self help forms tab - https://nvcourts.gov/Law_Library/Resources/Forms/Online_Forms_by_County/

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Customer reply replied 4 months ago
I actually had a service prepare the documents with all the info I have to help prevent errors as Im trying to get this done as fast as possible. The lady Ive been with now for over 18 years and I are trying to buy a house together.I was told that my marriage would not affect that purchase but have since found out ,while sitting at the COE table signing the sale documents that that info is wrong. They can not in Nevada insure the loan so I have to get the divorce before the sale can go thru.Im in a hurry because we dont want to lost the house. Hope that helps you help me better and thats why Im trying to find out the best way to approach this,make more sense now?

Absolutely, it may then make sense to prepare the Joint Petition and call or give her a heads up it is coming. The Joint Petition, if she signs, should be a faster procedure. Give her a pretty short time to sign and if she doesn't, you could go ahead and file the other way and just serve her. The goods news is Nevada has a faster procedure for this than most states. Best of luck!

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Customer reply replied 4 months ago
I already had a service prepare the forms and they are on their way to me. Is this what you are saying to prepare? I sure hope so

This is a complaint for divorce without her signing/consent. That is one of the options I was giving you; you might ask the service if they also do Joint Petitions or you may just decide to file this and then have it served on her and just essentially do it all without her consent, as long as she doesn't object (and I can't imagine after all this time she would).

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Customer reply replied 4 months ago
is this method a good idea or just a way? I need to know I can get it done. Will I have to find her and get her to sign,sorry this is the only time ive gone thru this and IM not understanding what you are saying. Would you please say exactly what this methods steps are so I can follow,thanks
Customer reply replied 4 months ago
can this process be done i 2 weeks or less

The form you sent me will be filed with the court and a copy would need to be personally served on her or mailed to her with a return receipt that she signs so you can prove she received it. Unless she shows up and says she does not want to be divorced from you, I see no way that does not work.

The other way - and both will work, just different procedures - is to do a Joint Petition for Divorce and have her sign it. Essentially this is like both of you saying to the court -we want to be divorced. With this process, once she signs, she is done. With the one above, she has the opportunity to dispute the divorce. With the time that passed, I would not expect that, but you know her and the situation better than I. Does that make sense?

As I think I previously mentioned the Joint Petition -the one where she signs - assuming she signs quickly, can be done within about 2-3 weeks from the date you get her signature and you file the document signed by you both. The other method likely takes closer to 6-7 weeks.

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I would see if the service that prepared the document can prepare a joint petition instead; so you have both options ready to go.

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Customer reply replied 4 months ago
To file a joint petition you should be married not more than*****will not accept your forms if you file a joint petition.
This is what they just toldme
Customer reply replied 4 months ago
Are you sure about the Nevada state laws. they are saying following:
"We prepared your forms according to your state divorce law. You will need to serve the summons to your spouse"

I will double check that for you. That does not appear to be the case. You can certainly use what they prepared That said, some courts may take a different position. Below is the actual law listing what is required to file a Joint Petition, there is no reference to a 5 year or less marriage - I would ask them what law that is based on or where they got that information (just to be sure):

NRS 125.181  Summary proceeding for divorce: Conditions.  A marriage may be dissolved by the summary procedure for divorce set forth in NRS 125.181 to 125.184, inclusive, when all of the following conditions exist at the time the proceeding is commenced:

1.  Either party has met the jurisdictional requirements of NRS 125.020.

2.  The husband and wife have lived separate and apart for 1 year without cohabitation or they are incompatible.

3.  There are no minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage and the wife, to her knowledge, is not pregnant, or the parties have executed an agreement as to the custody of any children and setting forth the amount and manner of their support.

4.  There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement.

5.  The parties waive any rights to spousal support or the parties have executed an agreement setting forth the amount and manner of spousal support.

6.  The parties waive their respective rights to written notice of entry of the decree of divorce, to appeal, to request findings of fact and conclusions of law and to move for a new trial.

7.  The parties desire that the court enter a decree of divorce.

Below is the packet you would complete for a Joint Petition and I do not see any 5 year marriage limitation there either: http://sixthjudicialdistrict.com/wp-content/uploads/2015/06/Joint-Petition-for-Divorce-With-Children.pdf

At this point, I would suggest calling your local clerk of court and asking this question, as the clerk and then the judge will ultimately determine whether to grant what you are requesting.

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Customer reply replied 4 months ago
34; local clerk of court" is this for Las Vegas or Nevada or are the same?

Calling your county's clerk of court and asking this question may be a good approach, as it is possible that certain counties have different requirements. I would also add to the form that the company did prepare includes only incompatibility as the grounds but I would also add the lengthy separation to avoid any issues.

The clerk of court of Clark County -(###) ###-####/p>

Occasionally, there are local rules that add requirements to state rules; I would want you to speak with someone in the court where the papers will be filed to confirm this. If this county does not take Joint Petitions for marriages over 5 years; then you will need to file the prepared papers and it will likely not be concluded in 2 weeks.

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Customer reply replied 4 months ago
I will ask for that to be added and already spoke with the family court clerk and she said you are correct, a Joint Petition can be done.

I am glad you called. As silly or frustrating as it may seem, since that is where you will be filing any court papers, sometimes the clerk of court is the best source of information. Best of luck!

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Customer reply replied 4 months ago
No amount of luck will help. Theres just not enough time to get it done and save the house deal but thanks

I am so sorry about that. At least now you know how to move forward and maybe a better house deal will be waiting for you then.

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Customer reply replied 4 months ago
That packet link you sent,can i download it fill it out and submit it to the court? I was told that it had to be on a certain type of paper.

You should be able to just print it; if you want to be certain another call (hate to say that) to the clerk will reassure you, but I am aware of no particular type of paper required.

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Customer reply replied 4 months ago
In regards ***** ***** Complaint for Divorce that I sent you, does she have a certain amount of time from when she gets it to contest or it goes through anyway?
Do you feel it would be better to start with the Joint Petition first and then do the Complaint if she refuses to sign? Wouldnt that be a clear indication that she will contest the Complaint?

Filing the complaint you have, she would have 20 days to respond to it. It is possible that if she refused to sign a Joint Petition that is a sign she would contest the regular divorce filing. I know you are struggling with which to do so below I have provided some pros and cons for you to consider to try to help with your decision:

Joint Petition

Pros - Fast, Both parties are asking the court for divorce

Cons - Requires her notarized signature

Summary Divorce - Complaint

Pros - Can be filed before contacting her and she does not need to sign

Cons - Takes longer, requires personal service on her (she then has 20 days from service), she can contest the divorce

I believe both methods have the same filing fee ($325), you would have to pay a process server or service to personally serve her with the complaint (which will be an additional fee - typically about $100), but depending how you wanted to send her the Joint Petition (just mail it and have her mail it back, or send someone personally) that could have additional costs too.

I hope this is helpful. Also know, that unless she thinks she has some claim to some properly you two may have had together, there is really no reason or grounds for her to contest the actual divorce.

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Customer reply replied 4 months ago
with the joint petition I can mail it to her or have someone serve it to her and she does not need to meet me at court she just needs to sign it send it back to me? Or to the court? With the joint petition does she have 20 days to mail it back also or can I put a shorter time limit on it?

Once she signs (with a notary) the Joint Petition and sends it back, you can file everything with the court. In most cases, neither of you actually have to appear in court (you can mail the papers to the clerk or physically go to the clerk's office, which may be better as they may be able tell you if you missed anything). So she just needs to mail it back and you can ask her to do that in any time period you want - as soon as possible, within 7 days, something different. It does not need to be personal service and can just be mailed to her.

In addition I wanted to make sure the service you were having prepare the documents is preparing everything that is necessary (which is listed below). The first two forms you can complete and sign, just you; the Decree of Divorce you fill in the information and the judge will sign it to grant the divorce. The form immediately below this can just be completed and signed by you but you need to know her social security number to complete it and if you don't you will need to get that from her to complete the form - this the the Confidential Information Sheet mentioned in the list below:

http://www.familylawselfhelpcenter.org/images/forms/misc/confidential-info-domestic-pdf-fillable.pdf

ALL OF THE FOLLOWING DOCUMENTS MUST BE COMPLETED in order to file a Joint Petition for Divorce. Do not skip any documents, or your filing may be rejected by the Court.

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Customer reply replied 3 months ago
I don't.have her SS#,so just mail it to her and have her add the missing info,send it back to me sign everything I need to and give it to the court and wait for judge to sign it and we are done,is that about right?

That sounds about right.

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Customer reply replied 3 months ago
you know the "Joint Petition " packet you sent in the previous response was with children right? Cause I just printed out the entire packet only to see it was for children and we dont have any.

If you click on the links above it takes you (or at least it takes me) to a website where you have to then select the Joint Petition for with or without children. I'm not sure why yours only pulled up the with children version. Here is the without:

http://www.familylawselfhelpcenter.org/images/forms/divorce/jp-petition-nokids-pdf-fillable.pdf

Then for all the other forms listed above that you need, click the blue form name and then select the proper form on that site.

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Customer reply replied 3 months ago
ok just my frustration over this not being handled 15-20 years ago. Im going to send you copies of the forms that company filled out so you can tell me if some of them will work with the Joint Petition ok. Sorry didnt mean to imply you were not being helpful because youve been great. This is everything I got,please tell me what I can use for a Joint Petition and what I dont need . Thank You.

Not a problem at all. I will look over everything - is tomorrow ok? I'm swamped today and don't want to rush it.

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Customer reply replied 3 months ago
I know you are busy helpful people always are,however as I stated before Im on a time deadline and really needed this done last week.So if there's anyway you can look at this and just tell me what I can use and what I dont need I will really appreciate it and will help get me out of this bind.
Respectfully: Greg
Customer reply replied 3 months ago
Confidential Information Sheet,do I fill in my details and then mail it to her or do I send it to her first and fill mine in when I get it back or send her to fill in and have a separate one for myself?
Customer reply replied 3 months ago
Also how do i put a time limit on her signing? As you know Im wanting this done fast and since we dont have anything to divide what do I need to do to motivate her to sign quickly?
By the way I have all the forms you said I needed and they are filled out except for the witness which I can get and the Confidential Information Sheet which you will tell me how to get done, so thanks and waiting to hear from you.
Customer reply replied 3 months ago
As your looking at my questions and paperwork one more thing came up.I need a copy of all the files for me and her correct?

I'm going to answer from bottom to top - yes, you will want a copy for you and for her and for the court. The court will get the original, you can just make copies of everything after it is filed and send to her if that is easier or make copies before filing. I'm not sure the easiest way to motivate her to sign quickly, but you may want to let her know you need it by x date and if you don't receive it, you will have no choice but to file separately which may require you both to appear in court. Perhaps the fact that it can all be done by her by mail as a Joint Petition will motivate her.

On the confidential info sheet, you can fill your information in before or after you send to her to complete, but if it were me I'd probably send it to her to complete and then add my information when she returns it; that just limits the amount of times your private info is being sent through the mail.

In terms of documents, all that was attached was an affidavit of service, which you actually do not need for the Joint Petition. You need the Family Court Cover Sheet (you can complete yourself without her), Affidavit of Resident Witness (you can complete yourself without her), Joint Petition for Divorce - No Kids (you can fill it out and then both of you will need to sign with notary), Decree of Divorce (which you can complete and it is sent to the judge to sign to actually formalize your divorce), and Confidential Information Sheet (which requires information about both of you so that the divorce can be properly reported to the various offices that maintain info on vital statistics like marriages and divorces).

If you have these documents filled out or tried to send them and they didn't come through - you can try sending them again.

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Customer reply replied 3 months ago
Thanks for the help just need a some clarification. The Confidential Information Sheet,Joint Petition,do I send her a copy to sign and I have a separate copy I sign and do we have to do it together at the same time? Just not clear about the process. Just want to get this right as I'm sure you understand.

I would have you both sign the same Joint Petition and Confidential Information Sheet. You can send to her to sign and send back and then you can sign when you get that version.

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Customer reply replied 3 months ago
I need to send it to her to sign before I give anything to the court right?

That is correct; get her to sign the Joint Petition and get you her SSN and then all the documents will be filed with the court at one time.

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Customer reply replied 3 months ago
Just noticed the Confidential Information Sheet only has one signature spot, so what do you suggest?

You can sign it; you just need her information to include on it.

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Customer reply replied 3 months ago
Believe I'm ready. Going to send a copy of the JP & Confidential Information Sheet along with a short note asking for it to be signed and not contested as we dont have anything to contest.Ill send it USPS signature required and I told her I would pay filing fees so hope the best.Sound good:?

Sounds like a great plan!

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Customer reply replied 3 months ago
I have not submitted your rating yet because Im still waiting to see what happens. I sent the forms Priority Mail with signature confirmation last week and a return by April 4 deadline which has come and gone. What would you suggest I do now? Go forward with the complaint divorce? I have not gotten the card from USPS saying she got it or anyone signed for it. Please let me know where you feel Im at in the process and what should be my next step. By the way your are 5stars for sure or as we say in Vegas "All Aces" thanks for your help so far.

I would wait a few days to see if you either get the signed card back (which would at least show you it made it to her so when you go to send/serve the complaint you have the right address) or get the signed papers. It is possible she put them in the mail on the 4th so waiting until early next week may be a good idea since if you do get those back that will be faster than the other route. If you still have nothing by mid-week next week, you could file the complaint and serve that on her.

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Customer reply replied 3 months ago
OK makes sense. If its not the right address do I still have to find her to do the complaint?

If it is not the right address, you will have to try to find her and if you, after due diligence, cannot, you may need to ask the court to permit you to "serve" her by publication in a newspaper that is circulated in the are you believe she resides. Hopefully she will sign for one or both of the papers so you can show receipt and/or proper address.

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Customer reply replied 3 months ago
sure was easier getting married than divorced. Just have to hope that she got it and signs it right. Thanks

That is the truth; I will keep my fingers crossed for you!

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Customer reply replied 3 months ago
any other tips to find her if the address I found is not correct?

I would search county records in the county(its) you think she may have a motor vehicle or real estate as a start.

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Customer reply replied 3 months ago
Ok little up date.Found after sending the forms that she moved to Tucson. She left a forwarding address so the packet went to Tucson post office where its being held til next Monday and will be sent back to me if she doesnt sign for it. So, does that count as trying to serve her and can I now just do the complaint or should I verify her new address and have a process server deliver it to her and make her sign for it?

If you still want to try to file the Joint Petition - to get this done faster - I would wait to see if she signs and, if not, consider a process server (but keep in mind if you want her to sign the papers to send back for you to file, a process server might be embarrassing or anger her). So, wait to see if she signs; if she does and sends the papers back, great. If you don't here anything in about a week (time for her to get the documents, read them, sign and send back), then you at least now know where she is and can file the complaint and serve that on her via process server.

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Customer reply replied 3 months ago
Make sense,however how do I get her actual address? Is that something the US mail can give me? Just looking allover Tucson will take to long. If she doesn't own property, how do I find her to have server serve her?

Hopefully, if the letter was forwarded to her and she does not pick it up, it will be returned to you with a forwarding sticker on it showing the address but there is no guarantee. If you do not get that, I would look online at vehicle tax records and see if that provides an address.

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Customer reply replied 3 months ago
Sounds like I should just do the type where I give her long to respond to a search in the paper and move forward, I just don't have weeks and months to wait. Do you believe a judge will allow that?

You will need to try to find an address and serve her before the court will allow you to serve her via newspaper, but if you want to start doing that to move the process forward that would not be a bad idea. Any chance you have a phone number or email for her or any family members who might - it just seems she would want to be divorced at this point too.

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Customer reply replied 3 months ago
No I don't have any way to reach her. I found the last address by using an online service, bit now that she's move o don't know how fast that updates. As for email,I sent an email before the packet and for no reply so don't know if its even good. As for family members, I havrny spoke to them in longer than her and don't know if they are living,where to call or anything. Kind of a bad situation.

Do what you can, including sending papers to the sheriff's office or a process server in Tuscon to try to serve her - at this point if she isn't responding I wouldn't count on the Joint Petition so may be time to file and serve the one-sided complaint. If those folks can't find her, then you would want to call the clerk and ask what needs to be filed to serve her by publication. I will plan to look at the details of your options tomorrow and let you know if I come up with anything different.

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Customer reply replied 3 months ago
Thank you for your continued assistance. I just checked the mail and didnt get the signature card from the post office so Im going with she didnt pick it up. My question is; how do I send papers to the sheriff or a process server without an address to send them to? Will they (sheriff or process server) look for her?
As for calling the clerk I'll get on that today.

This is such a tough spot. I would file the complaint and get that with the summons and contact the Tucson sheriff's office and explain that she moved there but you do not have an address but need them to attempt service. See what they say and then we can go from there.

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Customer reply replied 3 months ago
On March 26 I sent some attachments showing the paperwork I have, Im going to resend the complaint and the summons I have and let me know if they will work and of anything else I should send.Also do I send the complaint to the sheriff after filing it with Las Vegas Court? What's the process please and thanks!

Those look good. You will also need the family court cover sheet when you file. File the cover sheet, summons and complaint with the court. Then make sure you get a filed copy of those documents to serve on your spouse. You will then want to contact the Tucson Sheriff's department to ask how they handle service of such papers; hopefully they will be helpful and will just need you to get them the documents and they will attempt to serve. You will want to provide them the Affidavit of Service you prepared already and sent me earlier. I looked at it again and it looks fine. If you do not get help from the sheriff, you may want to contact a professional process server in that area and have them attempt service. You will also want to try to find your spouse via Internet searches and to give whoever is serving the documents as much information as you can. You will also want to do this looking yourself as if the process server can't find her, you will need to apply to the court to serve her via publication in a Tucson newspaper and to do that you need to show due diligence in trying to find her.

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Customer reply replied 3 months ago
Great info as always. Just found out she didn't sign for the packet and its on its way back so time to file the complaint and I'll start that tomorrow. Thanks again and I'll update you as this proceeds.
Customer reply replied 3 months ago
Also,I file this at Family Court Las Vegas correct?

Yes, you are going to use your residence in Nevada to file in that court.

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Customer reply replied 3 months ago
Any idea how long it takes to get this filed? I thinking of going before work and don't want to get stuck at court. Does it normally take hours or just sign it there and be out in a few minutes.

It will depend on how many other people are there, but it shouldn't take hours.

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Customer reply replied 3 months ago
just to verify, the only things I need today are
Complaint for Divorce, Summons, & Family Court Cover sheet is that right?

That should be everything and you will need to pay the filing fee.

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Customer reply replied 3 months ago
Ok first thing tomorrow morning,justrqn out of time today. I'll chat back with you after the filing is done OK.
Customer reply replied 2 months ago
I'm at family court, do I just sign those papers we talked about on front of someone and they file them and get a copy is all correct?

I am not where I can pull up the documents easily. If they just need to be signed, yes. If they need to notarized the court may not have a notary; just ask. If not you will need to go to a notary to witness your signature and then go file with court.

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Customer reply replied 2 months ago
Done. Papers are.signed and filed. Now I just have to find her new address and have or attempt to have her served and be done correct?

Correct. If you make all reasonable effort to find her and have her served and are unable to do so, you may need to go back to the court to get permission to serve her by publishing the papers in a newspaper that circulates in the area of her last known address.

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Customer reply replied 2 months ago
Got the package back today and it has her forwarded address on it in Tucson,I'm going to make copies of the paperwork I filed today and have a process server there deliver it and if she doesn't sign it within 21 days I believe, I'm going back to court and ask the judge to push it thru anyway. Sound good?
Customer reply replied 2 months ago
Also,in your at experience do you know a good process server in Tucson? Now that I have an address I want to get her served ASAP.
Customer reply replied 2 months ago
HI Wendy hope your week went well. I have some new info and because you've been such a major help I need it for a little longer.
I had a process server try to deliver the complaint and he emailed me that,even though the USPS said it was her forwarded address,that a female who he couldn't see to get a description of said no one by her name (s) lived there. At what point can I go back to the court and ask them to finalize the divorce because she can't or won't be found or she won't sign the papers? I believe I've done as much as can be done to find her,server her and give her the opportunity to agree or contest this divorce and just want to move on with my life. Please help. Thank you.

You could go ask the court for permission to serve by publication now or you could ask the process server to make one more go of it. Either would make sense.

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Customer reply replied 2 months ago
Since the server said no one by either of her names lived at the Tucson address yet the USPS said she does should I ask to do the publication process on Nevada or Tucson?

You will likely need to ask the court for permission to publish and also ask the court which jurisdiction you should publish in. Normally it would be in the area of the last known address, but the court's order allowing you to do it should specify and if it does not you should ask to ensure you publish in the right place as you will be charged by the newspaper.

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Customer reply replied 2 months ago
How do I get in to see a judge to find out if I can do the publication process?

This site has what you need - scroll down to the If You Can't Find the Defendant section: http://www.familylawselfhelpcenter.org/self-help/divorce/filing-for-divorce-on-your-own/161-how-to-serve-the-divorce-papers#publication

This site also does a pretty good job describing what you should try to do to find her and has a link to a sample affidavit to file to seek an order permitting service by publication: http://www.3stepdivorce.com/missingspouse/nevada.shtml

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Customer reply replied 2 months ago
Thanks, ***** ***** now.
Customer reply replied 2 months ago
Let me ask your opinion.
I've sent emails to an email I found,called a phone that was last listed to her,sent a Joint Petition in a USPS priority mail envelope with signature required, and had a process server in a different state where her mail is supposed to be forwarded attempt to serve her and all these have failed. Do feel a judge will let me do the publication process? Just asking cause I don't want to waste more time asking if they will say I need to look more.

The one thing you may want to do is get online and search her name in both Nevada and Arizona government websites for property taxes (both on real property and vehicles) so you can say you have done that and if you find any additional addresses doing that you would want to try to serve her there (by mail or process server).

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Customer reply replied 2 months ago
Other than that you feel I've done a fairly thorough job,is that right?

Though I can make no guarantees, other than these types of searches you have certainly attempted to find her.

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Customer reply replied 2 months ago
I was reading the process to get a judge to allow for publication divorce and it looks like I get all the paperwork I have and just drop it in a judge's box and wait, it says another 1-2 weeks and hope he/she agrees, is that right? Is there any way to get it done quicker? Besides the Nevada and Arizona government websites is there anything else you can think of? I dont know any of her family if they're alive,where they may be,as I stated before we haven't even seen or spoke to each other in 20 years.
Customer reply replied 2 months ago
Since the USPS has a forwarded address in Tucson but the process server was told she doesn't live there, should I use the last known Nevada address for the "AFFIDAVIT FOR SERVICE BY PUBLICATION" or the Tucson forwarded address? Also for the "CERTIFICATE of MAILING" should I send the mailed copy to both addresses,Nevada and Tucson?
Customer reply replied 2 months ago
Read today that I have to send a copy of summons,and complaint that I have to send a first class letter and wait to have it returned then I'm off to to have judge allow publication process.

I would just make sure you include enough information in what you send the judge that he/she can see what has happened and where you have tracked her so the judge can specify where publication should occur.

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Customer reply replied 2 months ago
That was my plan also. Just waiting for letter to come back to show used USPS as forms instructed. Thanks it's looking like it's almost over.
Customer reply replied 1 month ago
Okay here is what I have that I will give to the judge:
1) Affidavit For Service By Publication
2) Affidavit Of Resident Witness
3) Affidavit Of Non-Service (from Tucson process server)
4) Certificate Of Mailing
5) Affidavit Of Due Diligence; with 10 of 15 business contacts attempted or completed and 3 of the 5 "people contacted" boxes done.
6) Order for Service By Publication form
7) A First Class letter with a copy of Summons and Complaint with "return to sender, no forward address
A Priority envelope sent to her last Nevada address and forwarded to and returned "unclaimed" from a Tucson address sent back by process server.
These are all the things Ive done to comply with the orders in the "Service By Publication Instructions" forms from the court. After looking things over is there anything else you see I should do before asking for the judge to allow for the next step? As always I greatly appreciate your help. This would have been a disaster without you and we are just about done,dont you agree?

It certainly looks like you are getting close to being able to wrap this up. That all looks good for a basis to request service by publication. Then, if approved, you will place the notice in the newspaper as directed by the court (both in terms of what newspaper and the length of time the ad must run). Newspapers are used to this type of service, so once you get approval the newspaper staff should know exactly what they need from you to print/publish the notice. It will have a cost, but it shouldn't be a large one. Then she will either see it (which rarely happens) or, more likely, she won't but she will be deemed served, you will show up for a hearing (or a hearing may not even be required) and the judge should then grant the divorce.

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Customer reply replied 1 month ago
in your opinion Ive done and have enough of a file to go today and start the publication process. Whether the judge agrees we dont know right,however looks like I to the point to at least ask,is that right?

I agree it is worth asking at this point; if the judge denies the request and says you need to do more, at least you will have that guidance, can do what is specified, and then go back.

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Customer reply replied 1 month ago
THANK YOU Ms. Wendy!!!!!
Customer reply replied 1 month ago
had next set of papers filed and dropped off request for judge to grant publication. Need to wait 1-3weeks . This should be all done by end of June. Thank you and I'll update you until it's over.
Customer reply replied 1 month ago
On Tuesday I got a response from the judge saying "a third party" has to do the Amended Affidavit of Due Diligence; in your opinion can my roomate do it?
2) I did the Certificate of Mailing to last known Nevada address but the server was in Az and the clerk didnt copy the returned letter into the file and judge thinks I've not done that, how do I show her that it was done? Judges letter says iI, supposed to e-flie it back, how do I e-file the unopened letter to show I've complied with her requirements?
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