Basics of Uncontested Divorce in Nevada / Advantages & Disadvantages

If specific requirements are met, spouses who are planning to divorce may be able to save time and money by using a simplified, expedited Nevada process for an uncontested divorce by filing a joint petition for divorce. As with any divorce proceeding, spouses considering an uncontested divorce should discuss their situation with an experienced divorce attorney. Failing to talk with a lawyer about an uncontested divorce before filing could result in losing important legal rights and making serious mistakes that affect your and your family’s future and finances.

Requirements for a Nevada Uncontested Divorce

Uncontested divorces are fairly common in Nevada when spouses amicably decide to end a marriage. There two specific legal requirements for using the uncontested divorce process:

  1. One or both spouses must be a resident of Nevada for at least six (6) weeks before the divorce petition is filed. This is the same residency requirement that applies to other divorce processes in the state.
  2. The spouses must agree completely on all terms of the divorce settlement that is filed with the joint petition, including property division, child custody and support, and alimony / spousal support. The court will not resolve any issue for the parties in an uncontested divorce and will not approve a petition for an uncontested divorce where any issue is unresolved.

In reaching a divorce settlement for an uncontested divorce, both spouses undertake specific legal obligations and give up certain legal rights. When a judge approves a petition for an uncontested divorce, the settlement agreement becomes a legally enforceable agreement. 

Matters Addressed in an Uncontested Divorce

The matters addressed in an uncontested divorce are crucial for both spouses and may affect their financial futures, as well as the family situation in cases where children are involved. Because of the extent of the matters covered — and the substantial significance of mistakes or omissions in an agreement for an uncontested divorce — a spouse should consult with a knowledgeable divorce attorney before agreeing to an uncontested divorce or the terms of a settlement agreement for an uncontested divorce.

Property Division

Property division is one of the most important issues addressed in a divorce settlement agreement. Nevada is a community property state, which means that spouses must agree on identification and division of community property acquired during the marriage, identification and allocation of separate property owned by each spouse, and allocation of debts between the spouses. To secure an uncontested divorce, the spouses must agree on all aspects of property division affecting both assets and debts after the divorce.

Ensuring completeness and accuracy of property division terms is one of the most important reasons for consulting with legal counsel before an uncontested divorce. Any mistake or omission in an uncontested divorce settlement discovered after court approval generally cannot be corrected or modified except through court litigation.

Child Custody and Support

Agreement on child custody and support matters can be one of the most difficult and emotional issues to resolve in any divorce. The court will review the settlement terms affecting a child to ensure that the agreement of the parents is in the best interest of the child. For spouses considering an uncontested divorce that involves issues relating to child custody and support, assistance from a knowledgeable attorney is essential to ensuring that the issues are fully addressed in compliance with the applicable state laws and consistent with the child’s best interest.

Alimony / Spousal Support

Issues relating to financial support of a spouse in the form of alimony or spousal suppose during or after a divorce proceeding must be resolved separately from other matters relating to division of property. While Nevada does not guarantee payment of alimony / spousal support following a divorce, the parties may agree to financial support for a spouse in an uncontested divorce.

Other Issues

An uncontested divorce may involve other issues, which also must be addressed in the settlement agreement. If unresolved issues remain between the parties, the court will not approve a joint petition for divorce.

Advantages and Disadvantages of an Uncontested Divorce

When spouses can reach agreement for an uncontested divorce, the primary advantages include saving time and money in securing the divorce. A joint petition for divorce usually does not even require a court hearing. When all the documents are thorough and complete, and all legal requirements for an uncontested divorce are met, the process can often be completed in a month or less in Clark County. The expedited time frame and process typically result in lower court costs and fees.

An uncontested divorce, particularly when spouses can amicably resolve issues themselves or with assistance from legal counsel, is frequently less emotional and stressful than a contested proceeding in which issues must be resolved by a judge or through mediation or extensive negotiations between lawyers for the parties.

One disadvantage of an uncontested divorce is that the spouses must be able to reach agreement on every term of the divorce in order to qualify for the expedited process. The pressure to resolve disagreements may lead a spouse to make a hasty decision or inadvertently (or even intentionally) give up important legal rights, just to be able to file for an uncontested divorce. Making mistakes in judgment or omitting issues from a divorce settlement (either on purpose or accidentally) can cause significant legal and financial issues in the future.

To maximize the advantages and minimize the disadvantages of an uncontested divorce, the best approach is to get assistance from an experienced Nevada divorce attorney early on in the process. In addition to helping with preparation and review of the necessary legal and court documents, your attorney makes certain that your legal rights are protected in the divorce settlement, that the agreement covers all matters affected by the divorce to avoid future litigation, and that you fully understand all the terms of the agreement.

Schedule a Free Consultation With an Experienced Uncontested Divorce Attorney in Las Vegas

If you are considering filing for an uncontested divorce in Nevada, Las Vegas family law attorney Joseph Gersten is here to help. He draws on his extensive experience in divorce and other domestic matters, including  child custody and support, property division, and alimony (spousal support), to protect your interests and pursue resolution of all issues.

Attorney Joseph Gersten works with clients in Las Vegas, Henderson, and elsewhere in Clark County. Your initial consultation is always free-of-charge at The Gersten Law Firm. Call 702.857.8777 or complete our online form to schedule an appointment.

Categories: Nevada Family Law