What Is An Uncontested Divorce
An uncontested divorce means that every single aspect of your divorce case is agreed upon between the spouses and can be submitted to the judge for a final decree.
The key here is that all aspects of the divorce must be agreed to in order for the divorce to be considered an uncontested divorce.
In uncontested divorces, this means that child custody, visitation, child support, tax deductions for minor children, health insurance holidays with children, vacation time with children, division of assets, division of debts and alimony must be 100% agreed to when the paperwork is filed.
We know it can seem like a lot to consider and reaching agreements on these issues can be overwhelming.
However, if you want to divorce fast and cheap, an uncontested divorce requires everything be agreed to in advance.
And the best part?
An uncontested divorce usually means that neither spouse has to go to Court.
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What Happens If My Spouse And I Dont Agree On Every Issue
If you and your spouse fail to agree to every issue related to spousal support, asset and debt division, and child custody and support, then you cannot get an uncontested divorce. However, you may still be able to avoid costly divorce litigation by agreeing to mediate or arbitrate your differences in lieu of trial. If you find yourself in disagreement with your spouse but want to avoid a costly trial, an experienced Las Vegas uncontested divorce attorney can help you determine your best options.
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Legal Opinion Letter Of A Foreign Divorce
|The Virtual Law Office ofVinh T. Tran, Esq.Notary Public, a Commissioner of Oathsin and for the Courts and the Province of Ontario188-639 Dupont Street|
DOCUMENTS TO SUBMIT:
- State your name/name of applicant and city of residency
- State your fiancé name /joint applicant name and city of residency
- State the name of the city, province and country that granted the divorce
- State the official date the divorce was granted
- Re-State your name or your fiance’s name
- State the name of the ex-spouse to the previously divorced person .
- Sign by the applicants and a witness or by the lawyer/notary public
The Foreign Divorce Opinion Letter Questionnaire: Upon being properly retained, you will be asked to provide the following document and information to my office:1. Your/Applicant information:2. Fiancé/Joint Applicant information:
- Full Legal Name and any other aliases as shown on government issued photo IDs and the divorce decree/ court order
- Contact: Address, Phone, Email
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Filing The Divorce Papers
To begin the divorce process, you’ll file the papers with the district court clerk’s office. Generally, that will be in the county where:
- your spouse lives or can be found, or
- the two of you last lived together.
You may file the divorce papers in person, by mail, or through Nevada’s electronic filing system. The court charges fees for filing the divorce papers. The filing fees vary from county to county. In Clark County, the fees for filing a complaint or joint petition for divorce were $299 as of 2022 . Check with the court clerk’s office or website to find out the the current fee in the county where you’ll be filing. Remember that if you’re filing a joint petition, you and your spouse can split the fee. But if you can’t afford to pay at all, you may ask the court to waive the fees by filing an “Application to Proceed in Forma Pauperis.”
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Nevada Joint Petition Divorce
If a Las Vegas couple agrees to all of their issues they may file a joint petition for divorce. Nevada Revised Statute 125.181 provides the conditions for a joint petition divorce.
NRS 125.181 states:
- A marriage may be dissolved by the summary procedure for divorce set forth in NRS 125.181 to 125.184, inclusive, when all of the following conditions exist at the time the proceeding is commenced.
What are the conditions and how do they apply to a divorce in Las Vegas? Below we discuss the conditions of NRS 125.181.
Can Anyone File a Joint Petition in Nevada?
No. To file a joint petition in Nevada, one or both spouses must meet certain residency requirements. NRS 125.181 first requires that either party meets the jurisdictional requirements of NRS 125.020:
- At least one of the spouses must live in Nevada for at least six weeks before filing the joint petition.
- The spouse must also intend to remain in Nevada indefinitely.
The court cannot simply take the parties word that one or both of the spouses are resident of Nevada. At least one of the spouses must prove to the court that they have lived in Nevada for at least six weeks. A spouse can prove their residency through an Affidavit of Resident Witness. A friend, family member, or coworker typically provides this affidavit. In the affidavit, they verify that one of the spouses:
Does a Couple Need a Reason to File a Joint Petition?
Per NRS 125.181, the spouses can file a joint petition if either one of the following are true:
Preparing And Filing Your Forms
When you decide on the kind of divorce you want to file, you need to put together all the documents required to file for divorce.
If you are filing a joint petition, you will require the following papers:
Divorce Decree : This is the legal documentation of the termination of the marriage that will be signed by both spouses and finally by the judge to approve the divorce.
Service or Waiver Certificate
Resident Witness Affidavit: This form is proof that either of the spouses filing for divorce has been a resident of Nevada at least for a period of 6 weeks before the filing and plans to remain here.
Identification and Child Welfare Sheet
Confidential Information Sheet: This has the ssn of both the spouses) and if your spouse and you are unable to agree on the various issues and you file a complaint for divorce, then apart from the above document, you must also file the Summons.
Your county court may require that you file additional documents depending on the issues of your specific case such as:
Family Court Cover Sheet: This contains information about your spouse and you, your children and details of any other cases pending at the family court.
Joint Preliminary Injunction: This is to prevent your spouse from transferring or selling assets that are owned jointly by your spouse and you when the divorce is still pending.
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Here Are Some Answers To Your Most Frequently Asked Questions About Uncontested Divorce In Las Vegas
It is hard to know whether or not to file an uncontested divorce.
Even if you know your divorce will be uncontested, we still get lots of questions about the process and procedure.
Here are answers to some of your Frequently Asked Questions about Las Vegas Uncontested Divorces:
How long does will it take for my uncontested divorce to be finalized in Las Vegas?
If you do it right or have a lawyer do it right, it generally takes anywhere from 2 days to 4 weeks to receive a decree of divorce from the time the initial paperwork is filed.
Why 4 weeks you might ask?
Well most of the family court judges in Las Vegas will sign off on your paperwork in 2 to 10 days.
But . . . there are a few judges the really scrutinize the uncontested divorce filings and those judges can take anywhere from 2 to 4 weeks to process your paperwork.
Unfortunately, there is no way to pick the judge for your uncontested divorce so it is really just luck of the draw.
Does my spouse need to hire a lawyer if we are filing an uncontested divorce? Cant we just use one attorney?
While it is not required that your spouse have a lawyer, we usually recommend that both parties have lawyers even when filing for an uncontested divorce.
Going back to court to litigate an undisclosed asset or renegotiate child support can be time consuming and very expensive. When both sides have lawyers, in most cases, these issues are resolved in the initial paperwork avoiding the need to return to Court.
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How Is My Divorce Affected If I Am A Member Of The Military In Nevada
To file for divorce in Nevada, you or your spouse must reside in or be stationed in Nevada
As part of the Servicemembers Civil Relief Act, a member of the military may be allowed to postpone a divorce while they are overseas or otherwise not able to adequately respond to the petition due to military service commitments. It prevents active duty military members from being held in default for failing to respond to a divorce action.
Child support and alimony payments may not exceed 60% of a servicemembers pay and allowances. Otherwise, guidelines and forms used in civilian divorces are also used in military divorces.
Civilian community property and division of asset laws are followed. However, the federal government has enacted the Uniformed Services Former Spouses Protection Act that governs how military retirement benefits are calculated and divided upon divorce.
The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
Temporary plans are executed during military absences. As such, these absences require military parents to prepare a temporary plan for custody and visitation arrangements while they are gone. After the absence is over, the temporary plan ends and the parties return to the parenting plan that was in place before the military absence.
Determine What Forms You Will Need To Complete
If you and your spouse decide to file for divorce together, you can file a Joint Petition. Otherwise, if you are the one who is filing, you will be known as the Petitioner and your spouse will be known as the Defendant. Every divorce is different, but at a minimum, you will need to file the following forms:
You can double-check with an attorney or with the court where you intend to file to make sure you have completed all the forms you will need.
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Is It Better To Be The One Who Files For Divorce
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.The person who files for divorce also chooses the jurisdiction in which they litigate the divorce.
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What Is The Process For Getting An Uncontested Divorce In Las Vegas
Getting a divorce is supposed to be super easy.
However, many clients find the process difficult and overwhelming.
In addition, if you have an uncontested divorce there are two different ways to get to the final divorce decree.
So dont worry . . .
We explain the process for getting an uncontested divorce step by step.
The Joint Petition For An Uncontested Divorce
One option for filing an uncontested divorce is to file a joint petition.
The joint petition is often referred to as a two signature divorce because it requires both spouses to sign off on the petition.
If you are using a joint petition, you will need to make sure every aspect of your divorce is included in the joint petition.
Specifically, you and your spouse need to include the following provisions:
Division of assets: including, but not limited to, a specific description of each asset like the VIN number for cars, the address and APN number for real property and bank account numbers and the institutions where funds are held, and the percentage each spouse will get
Division of debts: consumer debt should include the name of the debtor and the account numbers, loans should be specific, car notes and mortgage payments should also be specific, and again you will want to identify how each debt will be divided and when payments on the debts are expected to be made
Submitting Your Decree and Finalizing Your Divorce
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What Divorce Option Is Right For You
It will drive how amicable or contentious your divorce will be and set the tone for your future co-parenting relationship if you have kids. With so much at stake, its imperative that you understand all of your options and how they will play upon your individual situation.
To learn more about your options and the pros and cons, be sure to check out our article on The Types of Divorce.
How Do I Qualify For An Uncontested Divorce In Nevada
In order to file for an uncontested divorce, you have to meet two requirements.
First, you need to meet the residency requirement.
If you want a Nevada divorce, you must live in Nevada for at least 6 weeks before you file your divorce paperwork.
You will be required to submit an affidavit from someone over the age of 18 who can attest that you actually live in the state.
It never fails that we get folks who move to Las Vegas for the sole intent of filing for divorce. Keep in mind that judges will scrutinize an uncontested divorce where one of the spouses just moved to Nevada and filed for divorce immediately after the 6 week deadline.
How do you prove you are a resident if the judge asks?
The most common way is to present a drivers license.
But lets face it . . . people move to Vegas and rarely change their drivers license until it is set to expire.
So if you dont have a drivers license, you should be able to show proof of income in Nevada with a paycheck stub or employment contract.
If you arent employed and dont have a drivers license, you should be prepared to present a copy of your lease or mortgage statements, proof of utility bills in your name, a Nevada bank account in your name and other similar documents to show residency.
Keep in mind that only one spouse needs to be a resident to file an uncontested divorce in Nevada.
You will also need to meet one of the statutory grounds for divorce.
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