Question asked on Sep 10, 2014
Q: I have been separated from my husband for over 3 years, because he was deported to Mexico. I have no contact with him or no his whereabouts. he was never a citizen. How do i go about filing for divorce?
A: The same way anyone else does; it would be simplest if you could track him down and get him to sign an acceptance of service. If not, a process server will attempt a skip trace and service (this will take some time across national borders); if all that fails, you can serve by publication. One way or the other, you can accomplish a divorce under these circumstances.
Frequently Asked Questions
How do I file for divorce in Nevada if my husband was deported to Mexico?
The same way anyone else does: you file a complaint for divorce in the Eighth Judicial District Court Family Division in Clark County and then serve your husband. The simplest route is to track him down and have him sign an acceptance of service. If you cannot find him, a process server can attempt a skip trace and service in Mexico, and if that fails, the court can allow you to serve him by publication. One way or another, the divorce can be completed.
Can I get divorced in Nevada if I don't know where my spouse is?
Yes. Nevada allows a divorce to proceed even when the other spouse cannot be located, as long as you make a diligent effort to find and serve them first. That usually means a process server runs a skip trace and attempts personal service; if those efforts fail, you can ask the court for permission to serve by publication in a newspaper, after which the case can move forward without your spouse’s participation (NRCP 4.4).
Does it matter that my husband was never a U.S. citizen when I file for divorce?
No. Your spouse’s immigration status and citizenship do not prevent a Nevada court from granting a divorce; what matters is that you meet Nevada’s residency requirement and that your spouse is properly served, whether by acceptance of service, personal service abroad or publication. Service across a national border can take more time than a local case, so plan for that. Willick Law Group can review your situation in a consultation.
Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law. He is a Certified Family Law Specialist, a Fellow of both the American and International Academies of Matrimonial Lawyers, former Chair of the Nevada Bar Family Law Section and former President of the Nevada chapter of the AAML.
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