This is the next post in a series of articles discussing uncontested divorces in Las Vegas, Nevada. My previous post provided an overview of the topics to be discussed throughout this series. It also encouraged residents considering an uncontested divorce to review their case with an experienced lawyer before initiating legal action. It is important to understand that this option, which is attractive to many people because of the speed with which such matters are resolved and the relatively low costs involved, is not appropriate for every situation. In some cases, individuals do not understand the long-term consequences on their financial situation, custody rights, and more. If you are considering a divorce, consult with an attorney to understand your legal rights. In this post, I will discuss Nevada’s laws regarding uncontested divorces. If you need assistance, contact my office today to speak with a lawyer.
Who is eligible to obtain a Nevada uncontested divorce?
Couples considering an uncontested divorce must understand the legal requirements applicable to the process. First, unlike most states, Nevada law does not require a lengthy waiting period or prolonged residence requirements for a couple to seek a divorce, whether contested or uncontested. Rather, state law requires that at least one spouse must live in Nevada for at least six weeks before filing for divorce. It is notable that this is one of the most lenient residency requirements in the country. Second, Nevada is a “no fault” divorce state, which means that neither party has to prove that the other party did something wrong to lead to the divorce. In many cases, spouses seek a divorce on the basis of incompatibility.
Las Vegas, Nevada couples must agree on all issues to obtain an uncontested divorce
Assuming a couple meets the residency requirements for divorcing in Nevada, they may proceed with the divorce process. Generally speaking, to finalize a divorce, decisions must be made regarding child custody, visitation, and support, divisions of all marital debts and assets, and spousal support. These issues can become contentious and, while parties sometimes agree to certain terms, it is not uncommon for some issues to require resolution of the open issues by a judge during the legal process. Only if a couple agrees on 100% of the issues referenced above, may they seek an uncontested divorce. This means that they cannot have any disagreements about any element of their case, including dividing bank accounts, splitting up personal property, responsibility for debts, or, if children are involved, custody matters and support. A judge will not be able to approve a joint petition for divorce if any of the aforementioned issues are not addressed or not agreed to.
It is important to understand that spouses who seek an uncontested divorce legally waive certain rights they otherwise would have had in a contested process. Couples who file a joint petition for divorce, for instance, relinquish any right to appeal the final decree, the right to have any issues or fact or law determined by the court, and the right to request a new trial for any reason. Before waiving legal rights, it is imperative that couples fully understand the implications of doing so. My office has experience representing clients in both contested and uncontested divorces and is ready to assist you. Contact us today to speak with a Las Vegas lawyer.