This is the next post in a series of articles discussing uncontested divorces in Las Vegas, Nevada. My previous article provided an overview of the Nevada laws applicable to uncontested divorces. Generally speaking, if one or both spouses meet the six-week residency requirement and agree on how they wish to resolve all open matters, including custody, child and spousal support, and the division of marital property, they may jointly file for an uncontested divorce. Individuals should understand that once approved, their joint petition for divorce is final. They cannot appeal any issues resolved by the petition later. They will also only be able to request that the matters be litigated under specific circumstances. It is, therefore, imperative to be aware of the implications of an uncontested divorce prior to taking action. Consulting with an attorney in advance can help ensure that you understand your legal rights and options. In this article, I will discuss the process for obtaining an uncontested divorce in Clark County. If you need assistance, contact my office to speak with a lawyer.
Obtaining an uncontested divorce in Nevada is 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 divorce-related issues. As previously stated, if the individuals agree on all applicable matters such as custody, child support, visitation, spousal support, and the division of marital property and debts, they may seek an uncontested divorce with the Clark County Family Court. As part of the legal filings, they will first be required to prove that they meet the residency requirements by submitting an affidavit of resident witness. A friend, family member, or co-worker must complete the form, providing a sworn statement that one or both spouses have lived in Nevada for at least six weeks. Next, the couple must submit their joint petition for divorce, with or without children. This form, once complete, must be signed by both spouses and notarized. If they share children, each spouse must attend a parenting seminar and submit a certificate of completion with the paperwork. Other filings, such as a decree of divorce and confidential information sheet must accompany the joint petition.
Once the documentation has been filed and the applicable fees have been paid, the forms will be reviewed by the judge. Assuming everything is in order and the judge approves the agreement set forth in your divorce decree, they will sign the decree. The signed decree must then be filed with the court by either of the parties before it will be considered “final.” The filing date, which will appear on the final version of the document, will be the date the divorce is effective. Most uncontested divorces are finalized within one to two weeks from the initial filing date. Unlike contested divorces, the parties are not generally required to attend any type of court hearing or make any formal appearance before the judge signs the decree.
Given the ease and speed with which an uncontested divorce can be obtained, it is often preferable to couples who wish to end the marriage amicably. As stated previously, it is important to fully understand your rights and the legal implications of an uncontested divorce before agreeing to the process. A divorce attorney can explain your options and ensure that your court filings are properly prepared and submitted. If you need assistance, contact my office to speak with a lawyer.