This is the next article in my series on obtaining a “no fight” divorce in our state. My last article discussed how to get divorced in Nevada when the two sides agree on the issues. It is important to understand that the option of an “uncontested divorce” is only available to spouses who agree on all issues. If the spouses disagree on even a single subject, no matter how trivial, then they must go through the contested process instead. An experienced attorney can assist you with determining the best path forward. In this article, I will be discussing our state’s jurisdictional and residency requirements for cases where the parties are in agreement. If you are in need of assistance then contact my office today to speak with a Las Vegas lawyer.
Las Vegas couples may file for a stipulated divorce if one of them has lived in the state for at least six weeks
Our state requires that at least one of the spouses have been a resident for at least six weeks prior to the filing of a divorce case. It should be noted that this is a much shorter requirement than what is found in many other states and, as long as this requirement is met, then a case can be initiated. As I discussed in my last article, the matter will begin when a Joint Petition is filed with the Court. This is a document which will state how the parties are dividing their assets, whether alimony is being awarded, as well as all other issues. If children are involved, then the parents will be required to complete a brief co-parenting class prior to filing the Joint Petition. Once the Joint Petition is filed, it will be submitted to the Judge’s chambers along with a proposed Divorce Decree and residency affidavit. In most cases, the Judge will sign the Decree relatively quickly. This means that many cases can be handled in one to two weeks.
As stated above, one of the spouses must have resided in Nevada for at least six weeks prior to filing the Joint Petition. If this requirement is not met, then the Court will lack subject matter jurisdiction over the marriage. In non-legal terms, this means that the Court would lack authority to enter the Divorce even if the spouses are in agreement on all issues. Consider the following example. Joe and Jane are California residents who decide to separate. Joe moves to Las Vegas and, two weeks later, the couple decides to divorce. They wish to handle the matter in Nevada as it can be completed more quickly. While Jane does not need to move to the state (since the parties are in agreement on all issues), they will not be able to file in our state for another four weeks, so that Joe can meet the residency requirement. If the couple were to file now, then the Petition would likely be denied due to a lack of jurisdiction.
Under the scenario above, the parties could file for divorce in California. They would have to wait a minimum of six months to complete the case, however, as California has a mandatory “cooling off” period. This means that the marriage could likely still be ended sooner in Nevada than it could in California. These are factors which couples should consider when deciding how to proceed. Retaining an attorney is an important step towards understanding how the Court will handle your particular situation.
Any disagreement may cause jurisdictional issues in a Nevada divorce in which only one spouse lives in the state
As stated above, the spouses must be in complete agreement in all areas of a case to file a no-fight divorce in our state. If there is any disagreement, then the contested divorce process must be utilized instead. This can be problematic, however, for jurisdictional reasons. If, for example, one spouse lives in another state with the parties’ children and has never been to Nevada, the Court would likely lack jurisdiction over spousal support, child custody, and child support. This would mean that the Nevada spouse could file in our state, but the Court may rule that the other state should hear the matter as a “more convenient forum.” Jurisdictional issues can be highly complicated and it is important to discuss any such topics with counsel.
If you are considering ending a divorce then contact my office today to speak with a Las Vegas uncontested divorce lawyer. I understand that this is a serious time in your life and my office will give your matter the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. I assist individuals throughout the southern part of the state, including those in North Las Vegas, Henderson, Summerlin, and Boulder City.