This is the next post in a series of articles discussing uncontested divorces in Las Vegas, Nevada. My previous post reviewed the benefits and potential pitfalls that such a process presents. Uncontested divorces can be obtained quickly and inexpensively. For couples who wish to avoid a long, painful, and expensive process, the uncontested divorce option may seem attractive. Couples must be in complete agreement on all of the terms of their divorce settlement, however, to avail themselves of the simplified process. The joint petition is a binding legal document that cannot generally be changed in the future. Unfortunately, many individuals are willing to agree to less than favorable terms for the sole purpose of getting their divorce finalized quickly. Doing so can have long-term, devastating consequences on families and their finances. Talking with a lawyer in advance can help you understand the legal implications of your decisions and ensure that your rights are protected. In this post, I will discuss who should consider the uncontested divorce process in Clark County. If you need assistance, contact my office to speak with an attorney.
For couples considering ending their marriage in Las Vegas, a simple internet search will result in dozens of discount lawyers touting the benefits of uncontested divorces. While saving the time, money, and stress involved in the traditional, contested divorce process is, for obvious reasons, a major benefit in the uncontested process, these divorces are not an option for every couple. The uncontested process is only available to spouses who agree on all of the issues. This means that even if the most amicable of spouses agree on every issue except one, they would not be eligible for an uncontested divorce. For example, a couple considering an uncontested divorce agrees on a plan for spousal support, child support, and the division of their marital property. They reach a general agreement regarding custody and visitation but cannot reach a final agreement regarding the children’s holiday visitation schedule. In this case, if they cannot satisfactorily resolve this issue between themselves, the spouses would be required to file a contested divorce. The Court will not undertake any role in the uncontested process related to an unresolved issue between the parties and will not approve the joint petition if the matter is still open.
Couples must also meet Nevada’s lenient residency requirements in order to seek an uncontested divorce in Clark County. Unlike many other states, Nevada does not require spouses to establish residency for a protracted time period before filing for divorce. Instead, state law requires that at least one spouse must live in Nevada for at least six weeks before filing for divorce. This is true whether a couple is seeking a contested or uncontested divorce. Furthermore, Nevada is a “no fault” divorce state. This means that neither party is required to establish that the other party “caused” the divorce. A reason for the divorce must be stated in the filings, but most couples cite incompatibility as the grounds for their separation.
If you meet both the residency requirements and are able to reach a satisfactory agreement on all of your divorce settlement terms, then the uncontested process may be the best option for you. If you are unsure which approach is appropriate for your situation, it is important to consult with an attorney to review your case and explain your legal options. My office is ready to assist you. Contact us today to schedule an appointment with a lawyer.