Default Divorce in Nevada

When your spouse is served with divorce papers and doesn't file an Answer within 21 days, you can pursue a default divorce. It's the court's mechanism for preventing an unresponsive spouse from holding your case hostage indefinitely.

Default doesn't mean you automatically win everything you asked for. But it does mean the case moves forward without your spouse's participation, and the court will issue a decree based on the terms in your original Complaint.

The 21-Day Response Window

Under NRCP 12(a)(1)(A), a defendant who is personally served within the United States has exactly 21 calendar days from the date of service to file a written Answer or Answer and Counterclaim with the court clerk. This deadline is strictly enforced.

If service was completed through publication (because your spouse couldn't be found), the timeline is longer. Service by publication is considered complete 28 days after the first publication date, and your spouse then has 20 to 21 days from that completion date to respond — making the total window roughly 16 to 18 weeks.

One nuance: if your spouse files an Application to Proceed In Forma Pauperis (fee waiver) alongside their response, the 21-day deadline is tolled (paused) under NRS 12.015(5) until the judge rules on the application.

Filing the Request for Default

Once the 21-day window expires with no Answer filed, you submit a Request for Default to the court clerk. What happens next depends on whether your spouse made any appearance in the case:

Spouse never appeared. If your spouse was served but never responded and never signed any documents, the clerk enters the default immediately upon your request. You can proceed directly to submitting your proposed decree.

Spouse made a preliminary appearance. If your spouse signed an Acceptance of Service, filed any document, or appeared in court in any capacity, you must take an extra step. Before the default can be entered, you must mail them a "Notice of Intent to Take Default Judgment" and wait seven days plus three business days for mailing before submitting your final paperwork.

The Summary Disposition Packet

With the default entered, you submit a Summary Disposition Packet to the judge. This packet includes:

• Request for Summary Disposition
• Affidavit in Support of Summary Disposition
• Affidavit of Resident Witness (notarized)
• Confidential Information Sheet
• Proposed Decree of Divorce

The proposed decree must match the relief requested in your original Complaint. This is the critical constraint of default divorce — the judge can only grant what you specifically asked for when you filed. If your Complaint requested custody of the children and equitable division of property, the decree must reflect those exact terms. Adding provisions you didn't include in the Complaint will get the decree rejected.

After the Default Decree Is Signed

The judge reviews the packet on paper and signs the decree without a hearing if everything aligns. You then:

1. Get the signed decree file-stamped by the court clerk
2. Mail a file-stamped copy to your ex-spouse
3. File a Certificate of Mailing with the court

This mailing step is mandatory even though your spouse didn't participate. It triggers the 30-day appeal window under NRAP.

Can a Default Be Overturned?

Yes. Under Nevada law, a defendant can file a motion to set aside a default judgment within six months of its entry if they can demonstrate mistake, inadvertence, surprise, or excusable neglect. Common arguments include never actually receiving the papers (defective service), being seriously ill or incapacitated during the response window, or military deployment.

Nevada courts generally disfavor defaults. If your spouse shows up with a reasonable explanation and a proposed Answer, the judge may set aside the default and reopen the case as contested. This is why accuracy in service of process and documentation matters — sloppy service creates grounds for setting aside the default later.

The Nevada Divorce Filing Process Guide includes a default timeline tracker and the complete checklist for the Summary Disposition Packet, including how to align your decree with your original Complaint.

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