This is the next article in my series on the question of how long it may take to get divorced in the state of Nevada. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney if you are considering ending a marriage. It is generally a good idea to speak with counsel so that one can get an honest legal opinion about their given situation. In this article, I will be discussing the topic of how quickly a divorce can be completed in our state. If you are in need of assistance then contact my office today to speak with a Las Vegas lawyer.
Uncontested Nevada divorces can often be completed in one to two weeks
If the parties are in complete agreement on all issues then Nevada law allows them to complete what is known as an “uncontested divorce.” This is a mechanism through which the spouses file a Joint Petition and submit it, along with a proposed Divorce Decree, to the Court. The Court will typically sign the Decree relatively quickly. In a minority of situations, the Judge may hold a brief “prove up hearing” in order to ensure that both sides understand all ramifications of their settlement. Once the Court signs the Decree then it will be entered and Notice will be mailed to both spouses. This will conclude the case. From beginning to end, this process can often be completed in one to two weeks.
There are certain requirements which must be met before the spouses may file for an uncontested divorce. First, at least one of the spouses must have been a resident of our state for at least six weeks before the Petition is filed. A residency affidavit, proving this six weeks of residence, must be filed along with the Joint Petition. Second, the spouses must be in complete agreement on all issues. This includes the issues of property division, alimony, child custody, child support, and visitation. If there is any disagreement, even one which seems relatively trivial, then the spouses must complete a contested divorce instead.
It is generally advisable to retain an attorney for an uncontested divorce. While the process may seem straightforward, it must be understood that mistakes in documentation or the process can lead to the case being delayed or even dismissed (meaning it would have to be refiled). Moreover, omissions on key terms may mean having to go back to Court in the future to litigate issues over property or support. Having counsel helps to ensure against such problems.
Contested Nevada divorces can take months to more than a year
If the spouses are not in agreement then, as explained above, they must file for a contested divorce. A contested divorce is similar to a lawsuit. Such matters may take several months if not over a year. Many matters settle, however, without having to go to trial. How long such a case may take will depend on the facts of the matter, the level of complexity, and the willingness of each side to compromise. Attending a mediation is often a key step towards reaching a settlement. Obviously, in some situations, trial is necessary due to unreasonable positions of one spouse or to protect the safety of children. How best to proceed in any contested case will always depend on the specifics of the matter.
If you are ending your relationship, then contact my office today to speak with a Las Vegas divorce lawyer. I am able to handle both contested and uncontested matters and I practice solely in the area of family law. I understand that this is a crucial time in your life and my firm will give your case the attention it deserves. I look forward to speaking with you.
I assist families throughout southern Nevada. This also includes those in North Las Vegas, Henderson, Boulder City, and Summerlin.