How to Respond to Divorce Papers in Nevada

Being served with divorce papers in Nevada triggers a strict 21-day clock. Under NRCP 12(a)(1)(A), you have exactly 21 calendar days from the date you're served to file a formal written response with the court. Miss that deadline and your spouse can request a default judgment — meaning the judge can grant the divorce on their terms without your input.

Here's what you need to know about your options and the filing mechanics.

Your Two Response Options

When you receive a Complaint for Divorce, you can file either an Answer or an Answer and Counterclaim.

Answer only: You respond to each allegation in the Complaint — agreeing, disagreeing, or stating you don't have enough information to respond. This puts you in the case as a participant but doesn't let you request your own terms.

Answer and Counterclaim: You respond to the allegations and also file your own requests with the court. If you disagree with how your spouse proposed dividing property, handling custody, or calculating support, this is the document where you lay out what you want instead.

For most respondents who disagree with any part of the Complaint, the Answer and Counterclaim is the stronger option. It ensures the judge hears both sides rather than just your spouse's proposed terms.

The 21-Day Deadline

The clock starts the day you're personally served — not the day the papers were filed with the court. If you were served within Nevada, you get 21 calendar days. Weekends and holidays count toward the total, but if the 21st day falls on a weekend or court holiday, your deadline extends to the next business day.

If service was completed by publication (because you couldn't be located), the timeline is different. Service by publication is considered complete 28 days after the first publication date, and you then have 20 to 21 days from that date to respond.

What Happens If You Don't Respond

If you miss the 21-day window without filing anything, your spouse can file a Request for Default with the clerk. Once default is entered:

• You lose your right to contest the terms of the divorce
• The judge can grant the divorce based entirely on what your spouse requested in the Complaint
• Property division, custody arrangements, and support orders can be finalized without your input

Under Nevada law, you can file a motion to set aside a default judgment within six months if you can show mistake, inadvertence, surprise, or excusable neglect. But getting a default set aside is harder than responding on time.

How to File Your Answer

Step 1: Obtain the correct Answer form from the Nevada Self-Help Center or the Family Law Self-Help Center (Clark County). Washoe County has its own forms through its resource center.

Step 2: Respond to each numbered paragraph in the Complaint. For each allegation, state whether you admit it, deny it, or lack sufficient information to respond.

Step 3: If filing a Counterclaim, add your own requests for custody, property division, support, or any other relief you want the court to consider.

Step 4: File your Answer (and Counterclaim, if applicable) with the district court clerk. In Clark County, file through eFileNV. In Washoe County, use the eFlex portal. The filing fee for an Answer ranges from $187 to $217 in Clark County and is $202 in Washoe County.

Step 5: Serve a copy of your filed Answer on your spouse (or their attorney if they have one). File proof of service with the court.

The Joint Preliminary Injunction Applies to You Too

When your spouse filed the Complaint, the clerk issued a Joint Preliminary Injunction (JPI). This court order became binding on you the moment you were served. It prohibits both of you from transferring community assets, changing insurance beneficiaries, incurring new joint debts, or removing minor children from Nevada without written consent or a court order.

Violating the JPI — even unintentionally — can result in contempt sanctions and can affect how the judge divides property.

Can't Afford the Filing Fee?

If you can't afford the response filing fee, you can file an Application to Proceed In Forma Pauperis (fee waiver) alongside your Answer. Filing this application legally pauses your 21-day deadline — the clock stops from the time you submit the fee waiver application until the judge makes a decision on it.

If the waiver is approved, all clerk-assessed fees are waived for one year, and the sheriff will serve documents for free. If denied, you'll need to pay the standard fee within the court's specified timeframe.

What Comes Next After Filing Your Answer

Once your Answer is on file, the case moves to the contested track:

• Early Case Conference: Within 45 days, both parties exchange documents and financial disclosures
• Case Management Conference: Scheduled within 90 days of the Answer, where the judge sets the case timeline
• Mandatory financial disclosures: Both spouses must file a General Financial Disclosure Form within 30 days of service
• Mediation (if children are involved): The court will order custody mediation before setting a trial date

The Nevada Divorce Filing Process Guide covers each of these steps in detail, including how to prepare for your first Case Management Conference and what financial documents you need to gather.

See more Nevada guides →