This is the next post in a series of articles discussing uncontested divorces in Las Vegas, Nevada. My previous article discussed the process of obtaining an uncontested divorce in Clark County. Obtaining an uncontested divorce can be a simple and fast process and can be achieved much more inexpensively than contested divorces. For these reasons, it is an attractive option for spouses who can amicably resolve all of their issues. To avail themselves of this process, however, both spouses must be in 100% agreement on all of the issues to be resolved in the divorce, including property divisions, child custody, spousal support, etc. Those who do not agree on each element must proceed with the contested process. In this article, I will discuss the benefits and pitfalls of uncontested divorces. If you need assistance, contact my office today to speak with a lawyer.
Going through a divorce can be an emotional, stressful, and often overwhelming process. Traditional, contested divorces can also be extremely expensive and time consuming. It is not uncommon, particularly in contentious cases, for the legal process to take months and for the parties to incur multiple thousands of dollars in legal fees before the matter is finally resolved. Alternatively, as we have discussed previously in this series, uncontested divorces can be achieved quickly and inexpensively. Therefore, for couples who completely agree on all of the terms of the divorce settlement, an uncontested divorce is an extremely attractive option. Not only can the parties save money in the abbreviated process, they can also avoid the drawn-out, stressful, legal proceeding. This can help families quickly move forward after their separation.
Despite the obvious benefits of an uncontested divorce, individuals must be cautious about accepting unfavorable settlement terms simply for the purpose of a fast and inexpensive end to their marriage. The joint petition for divorce, which lays out the agreed upon terms for issues such as the division of marital property, division of debts, child custody, child support, visitation and alimony, will become a binding and final settlement of your case once signed by the Judge. It may not be possible to modify the terms later, depending on the issue. Additionally, by filing for an uncontested divorce, the parties waive any right to appeal the case or seek a new trial at a later date. This means, for instance, that a hasty agreement by one spouse to pay an exorbitant amount of alimony or to an unsatisfactory child visitation schedule simply to get the divorce finalized quickly, may not be modifiable in the future. It is imperative, therefore, to understand your legal rights in advance and carefully evaluate any proposed joint petition for divorce before it is filed with the Court.
If you are ending your marriage and are considering an uncontested divorce, it is important to discuss your case with an attorney before initiating legal action or agreeing to final settlement terms. Doing so can help ensure that you understand your rights and make an informed decision. My office is dedicated to the practice of family law and is ready to assist you. Contact us today to speak with a lawyer.