This is the next article in my series on obtaining a “no fight” divorce in Las Vegas and other southern Nevada areas. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you are considering ending a marriage. Counsel can help to ensure that all issues in your case are correctly handled. This, in turn, can help to reduce the risk of future litigation. In this article, I will be discussing the process involved in ending a marriage this way. If you or a family member require assistance then contact my office today to speak with a family law lawyer.
No fight Nevada divorces begin by filing a Joint Petition with the Court
No fight Nevada divorces are technically referred to as an “uncontested divorce.” This is a process which allows spouses to end their marriage through a collaborative process if they are in agreement on all of the relevant issues. In order to initiate this process, one of the spouses must have resided in the state for at least the last six weeks. If the parties have children, then there is also a co-parenting lecture which they must first attend. Once these prerequisites are satisfied, then a Joint Petition may be filed with the Court. This is a document which will lay out the complete terms of the divorce. Such terms must include the division of property, the payment of spousal support (if any), as well as the terms of child custody, child support, and visitation. The filed Joint Petition will be sent to the Judge’s chambers along with a Decree of Divorce and other needed documents. Once the Judge signs the Divorce Decree then it will be filed with the Clerk of the Court and the case will be finalized.
The Court may require the parties to attend a “prove up” hearing in a minority of cases. This is a short hearing in which the Judge may ask questions of the two sides before approving the Decree. The Court will typically only require such a hearing if it is concerned about the proposed Decree seeming one-sided or if some other issue appears problematic. While a prove up hearing should not be considered a mere formality, it is rare for the Court to deny a proposed Decree of Divorce on which the parties agree.
It is also important to note that the spouses must be in complete agreement on all issues to utilize the process above. If there is any disagreement whatsoever, even on the most minor of issues, then the couple will have to utilize the contested divorce process instead. While a no-fight divorce can often be completed within one to two weeks, and for a lower fee, the contested process can take many months if not more than a year (depending on the issues). The contested process can also be quite expensive as each site will require separate counsel. Completing a collaborative process can, therefore, save substantial time, money, and aggravation.
Retain a Las Vegas uncontested divorce lawyer for assistance
It is generally advisable that spouses retain an attorney to handle an uncontested divorce. Failing to properly address issues can easily lead to additional litigation after the case is completed. This can be expensive and frustrating for both sides. Moreover, a simple mistake in paperwork can result in the case being delayed, if not being denied by the Judge. By having counsel throughout this process, one can help to ensure that all aspects of their case are handled correctly.
I am a Las Vegas uncontested divorce lawyer who is able to assist with this process. I practice exclusively in the area of family law and my firm will give your case the attention it both needs and deserves. If you require assistance then contact us online or by telephone today to schedule an initial consultation. I look forward to speaking with you. I serve those throughout southern Nevada, including the areas of North Las Vegas, Henderson, Boulder City, and Summerlin.