In this case the charges were non-support and drunkenness and extreme cruelty.
The plaintiff in a divorce case need not become seriously concerned because a defendant has refused to sign papers at the time he or she has been served. Personal service upon the defendant—the mere fact that the papers are handed to the defendant is sufficient, whether he has accepted them or not—or service by publication and mailing in Nevada will accomplish the same purpose; except that there will be a delay of forty days in the first case and eighty-two in the latter; however, if the defendant is not represented, or does not appear, there may arise the question as to the legality of the divorce in some States, especially in New York State.
It will obviate considerable delay and inconvenience, if the defendant will sign and file his personal answer, admitting the plaintiff's allegations of residence, marriage, children, etc., but denying the cause of action. This answer should also contain an express waiver of notice of all proceedings. An answer cannot be signed, however, until the complaint is filed: the complaint cannot be—filed until six months have elapsed: therefore the divorce is not granted in six months, as is the impression which so many have, but the suit may be started at the termination of the six months' period.
An expeditious and simple method of facilitating proceedings is to have the defendant appoint a lawyer in Nevada, granting him the power of attorney to accept service of the complaint. Since this can be provided for in advance the delay after the case has been filed can be reduced to a minimum.
Below is the form of the Power of Attorney:
"KNOW ALL MEN BY THESE PRESENTS, That I, John Jones, of the Town of Waco, County of……. State of Texas, hereby constitute and appoint…….. of the city of Reno, County of Washoe, State of Nevada, as my true and lawful attorney, in fact and at law for me and in my name to act for me and appear for me as my attorney in any action that may or shall be instituted by Mary Jones, my wife, against me for the dissolution of the bonds of matrimony existing between us, in the second Judicial District Court of the State of Nevada, in and for the County of Washoe; and in any such action to accept service of summons thereon and to plead to or demur to, or to answer any verified complaint or other pleading that may or shall be filed by said Mary Jones in any action in said court; and to do and perform any other act or acts or to take any other proceeding or proceedings he shall deem proper in said action.
"GIVING AND GRANTING unto my said attorney or his substitute full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and out of said action, as fully and to all intents and purposes as I might or could do if personally present with full power of substitution, hereby ratifying and confirming all that my said attorney or his substitute may do or shall cause to be done by virtue of these presents.
"IN WITNESS WHEREOF, I have hereunto set my hand and seal this…… day of July A. D., 1917.
"STATE OF TEXAS, COUNTY OF……. ss.:
"On this…. day of July, A. D., 1917, personally appeared before me, a Notary Public, in and for the County of……… State of Texas, John Jones, known to me to be the person described in and who executed the foregoing instrument and who acknowledged to me that he executed the same freely and voluntarily and for the uses and purposes therein mentioned.