What Is a Joint Petition for Divorce in Nevada?
The Nevada divorce process includes the option for a married couple to file a joint petition for divorce, when specific requirements are met. A joint petition can save time and money, but there are disadvantages as well. If you are a spouse considering divorce, you should talk with an experienced divorce lawyer before deciding whether a joint petition is the most suitable option for your circumstances. Getting legal advice can save you from inadvertently losing important legal rights or making a serious mistake that adversely affects your future.
Requirements for a Joint Petition for Divorce
In Nevada, a joint petition for divorce is the fastest, easiest, and least expensive option for getting a divorce. To file a joint petition, the spouses must agree on all the terms for ending the marriage. A divorce with a joint petition is also referred to as an uncontested divorce.
For a couple to be eligible to file a joint petition, one of the spouses must be a resident of Nevada for at least six weeks, which is the residency requirement for any Nevada divorce petition. In addition to meeting the residence requirement, the spouses must agree on all of the following terms:
- Division of assets and debts
- Child custody and support
- Alimony / Spousal support
Property division and child custody matters are the most likely areas of disagreement when a couple files for divorce. If there are any outstanding issues in any of these three areas, a joint petition is not an option for getting a divorce. The judge does not hear or decide any issues in an uncontested divorce case. A couple can get assistance from their respective divorce lawyers in negotiating the terms and reaching agreement in order to file a joint petition. Each spouse must retain their own lawyer, since ethics rules prohibit a lawyer from representing both spouses in a divorce case.
When Is a Joint Petition a Suitable Option for Divorce?
If spouses amicably decide to end a marriage, filing a joint petition provides a process that can save money and time. The spouses must be absolutely certain that they agree on all the terms of the divorce. The court will not resolve any issues for the parties to a joint petition and will not approve a joint petition where there are unresolved issues.
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.
Property division is often one of the most important issues addressed in a divorce settlement. Each spouse should understand their legal rights in marital and separate property and protect those rights in negotiating an agreement on property division. The best way to protect those rights is to enlist help from an experienced divorce attorney before agreeing to any terms of a property settlement.
Child custody and support can be the most difficult issues for spouses to agree on in a divorce. If the parties file a joint petition, the court will review the terms of an agreement on custody and support to make certain the agreement is in the best interest of the child before granting a divorce. When a joint petition involves issues relating to child custody and support, assistance from knowledgeable attorneys is essential to ensuring that the issues are appropriately addressed before a joint petition is filed.
Because of the critical nature of property division and issues relating to children in a divorce, married couples that file a joint petition often do not have children and do not disagree on any details relating to asset and debt division. If a divorce includes those issues, each spouse should consult with a divorce lawyer before agreeing to divorce terms or to using the joint petition procedure for an uncontested divorce.
Schedule a Free Consultation With an Experienced Divorce Lawyer in Las Vegas
If you are considering filing a joint petition for 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 the best 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.
