Can Someone Receive Help From a Family Law Attorney in Las Vegas NV to Divorce a Spouse Who Is in Prison ?

by | Jun 7, 2019 | Lawyers

A Family Law Attorney in Las Vegas NV may represent a client who wants to divorce his or her spouse who is in prison. Although this may seem like a complicated situation, it actually is easier than many divorce cases. In addition, Nevada’s divorce process is relatively swift compared with many other states. The person often can be free of the marriage within several weeks.

Serving Papers

This client of a Family Law Attorney in Las Vegas NV must have the court serve divorce papers to the spouse. This will be no problem because the spouse is behind bars and easy to locate. If this individual wants to protest the filing, he or she must do so within 21 days. Otherwise the court grants the divorce under default laws, which apply when the person has been served and fails to respond.

Summons and Complaint

Legally, this paperwork is known as a summons and complaint. It is similar to other types of civil legal notifications when one person or entity has made a complaint against another, usually in the form of a lawsuit. A common example is a bank serving notice to a mortgage holder who has defaulted, and the bank now plans to foreclose.

Refusal to Agree

If the incarcerated spouse does not agree to the divorce, the process takes longer, but the other spouse still can end the marriage with the assistance of a firm like. There is no need to prove to a judge that the other person caused the breakdown of the marriage, since Nevada is a no-fault state. The judge wants to hear why the spouse who petitioned for divorce believes there is no chance of reconciliation. With the other person being incarcerated for a criminal offense, this should not be difficult.


Division of assets still must be done equitably, but issues of child custody will not be relevant since only one of the parents is available to care for them. The incarcerated person will not be able to pay child support or alimony, so the person who filed must figure out a way to support the family. You can also follow them on Twitter.