This is the next post in my series on the process one will typically deal with in a Las Vegas, Nevada divorce case. My last post discussed the benefits of utilizing mediation during a divorce. Going through the mediation process can often help the parties to reach a settlement. This can save both spouses a significant amount of time and money. An experienced attorney will give you an honest assessment as to whether mediation is in your best interests. In this article I will be discussing the benefits of utilizing Nevada’s uncontested divorce process. If you are in need of assistance then contact my office today to speak with a lawyer.
Las Vegas residents can typically complete the uncontested divorce process within a few weeks
An uncontested divorce can be utilized if two spouses are in complete agreement on all the issues involved. This means, for example, that the two individuals must agree on issues related to child custody, child support, spousal support, property division, and any other matters. If the parties are in disagreement as to any issue, they must file for a contested divorce instead. The first step in the uncontested process will be to file a Joint Petition for Divorce. This document will state when and where the parties were married. It will also state the agreement that has been reached regarding all issues involved. A Decree of Divorce will be submitted to the Judge’s Chambers and the Judge will typically sign off on the Decree within a few business days. This Decree will be filed and entered. The case will then be completed and the Decree shall constitute the final divorce and child custody order which the parties must abide by.
There are a few requirements which the parties must meet in order to be able to utilize the uncontested divorce process. First, one of the spouses must have been a resident of Nevada for at least six weeks. Nevada will not have jurisdiction over the matter unless this residency requirement is met. Second, if the parties have children, then there is a mandatory parenting class which each of the spouses must complete. The completion certificates for this class will be submitted to the Court along with the Joint Petition and Decree for Divorce. The Court will typically sign the Decree without a hearing. In a rare instance, the Court may require a brief “prove up” hearing.
It is suggested that spouses retain an attorney for their uncontested divorce
While the uncontested divorce process may seem straightforward, it is strongly suggested that spouses retain an attorney to assist them. Making a mistake in the Divorce Decree, or omitting information, can result in the spouses having to return to Court to litigate an issue. This can result in both sides incurring substantial legal fees, which greatly exceed what it would have cost to have an attorney handle the matter. Also, counsel can help to ensure that the spouses are understanding the full implications of their decisions. This can help to prevent unintended consequences.
If you are considering ending a marriage then contact my office today to speak with a Las Vegas uncontested divorce lawyer. My office practices exclusively in the area of family law and my firm will give your case the attention it deserves. We pride ourselves on providing the highest level of service and we look forward to speaking with you.