No-contest divorces are a popular option for couples in Nevada who are in agreement concerning many of the details of their impending split who want an inexpensive, no-hassle way to part ways. Consulting with a Las Vegas family law attorney or other Nevada lawyer is still a good idea, however, as issues can come up that require expert advice.
What Is an Uncontested Divorce?
In Nevada, an uncontested divorce, also referred to as a summary divorce, is a divorce in which the parties are in agreement about the particulars of their separation. In an uncontested divorce, the parties don’t go to trial, and the divorce is facilitated by simply filing paperwork with the court. A key benefit of an uncontested divorce is that it is much less expensive than a contested divorce, even if you hire an attorney to assist you with the matter.
Filing for an Uncontested Divorce
In order to obtain an uncontested divorce in Nevada, you must meet the following requirements:
- You and your spouse must have lived separately for a year or must be incompatible. Incompatibility means that the marriage has been so badly damaged that you and your spouse can no longer get along.
- You and your spouse must have executed a written agreement dividing any shared property.
- You and your spouse must give up any right to alimony or have executed an alimony agreement.
- You and your spouse must waive your rights to notice of entry of the divorce decree, appeal of the judge’s order, or to request findings of fact and conclusions of law and to request a new trial.
- You and your spouse must desire a final divorce decree from the court.
- You and your spouse will also need to have worked out child support and custody issues prior to obtaining an uncontested divorce.
- You’ll need to file your paperwork in one of Nevada’s District Courts. You’ll also need to have lived in Nevada for at least six weeks prior to filing.
Uncontested Divorce Not for Everyone
Uncontested divorces work well for couples who have little property and no children, who just want to get out of a marriage quickly with little hassle. For couples that have children and substantial property together, an uncontested divorce may not always be appropriate, even if you’re largely in agreement about most issues.
If you and your spouse have significant disagreements about how your children should be raised, or if there are complex property and financial issues to be resolved, working with an attorney is advised to ensure a fair and satisfactory settlement is reached. The process doesn’t have to be adversarial – divorce mediation often provides a less confrontational option to couples.
Even with an uncontested divorce, legal advice can help ensure that all paperwork is filed properly and that no issues blindside you or your spouse. Legal fees for uncontested divorces are much less expensive than for contested divorces, making getting qualified legal advice affordable.
The McFarling Law Group offers Nevada residents caring and experienced representation in divorce and family law cases. Emily McFarling is an experienced Las Vegas divorce attorney who is a Board Certified Family Law Specialist and a recipient of the Pre-eminent AV Rating. To schedule a consultation, call 702-565-4335.