Uncontested Divorce in Nevada
Jurisdiction in Nevada
Nevada has jurisdiction to grant a divorce when one or both parties is a resident of Nevada. If someone has just moved to Nevada, they must be physically present in Nevada for at least six weeks prior to the filing of a complaint for divorce and must intend to make Nevada their home.
Jurisdiction is proven in uncontested divorces through the filing of an affidavit of resident witness, which is the sworn statement of a third party that one of the spouses has lived in Nevada at least six weeks prior to the filing of the complaint.
The Legal Standard
Divorce occurs when one or both of the parties decide they no longer wish to be married. The important detail here is that only one party is required to make this decision. Nevada does not require any grounds for divorce aside from incompatibility. You may have heard that Nevada is a “no fault” state. This means that the law does not require there to be an at-fault party to a divorce.
An uncontested divorce is a matter where the parties are in complete agreement on all terms of the divorce but want to be represented by an attorney, either to make sure the process is done correctly, or for peace of mind. Uncontested divorces generally move along faster than ones that are contested, although many factors can affect the overall time frame of a divorce matter.
Many family law clients go into a matter thinking it is an amicable, uncontested legal issue, only to have the situation sour very rapidly into a heated contested divorce or child custody dispute. In this case, it’s best to hire the services of a Las Vegas contested divorce attorney who has extensive experience with the court system in and around the area.
If you think you may have an uncontested matter but want advice on whether the agreement is fair or complies with the law, you should schedule a meeting with a Las Vegas divorce attorney for review of the agreement. McFarling Law Group can help—our law firm is staffed by experienced contested/uncontested divorce attorneys with substantial knowledge of these matters and related issues such as legal separation and child custody. Contact us today.
How the Court Process Works in a Contested Divorce
A complaint for divorce is filed by one party and served on the other party. The answering party has 20 days to answer the complaint. Thereafter, the court will set a case management conference to determine the pending issues and set the case for a trial. Starting 30 days after the complaint is served, both parties may begin the discovery process of obtaining information and preparing for trial. At the conclusion of the case, the court will grant the divorce and make orders on all other issues. Sometimes child custody is heard at an evidentiary hearing separate from and prior to a trial on financials.
How the Court Process Works in an Uncontested Divorce
There are two ways to obtain a fully agreed upon divorce in Nevada.
- Joint Petition
The joint petition process is very simple. The parties prepare, sign and file a joint petition for divorce. They then submit the decree of divorce to the judge for singing and once signed and filed, the parties are divorced. There is no need to appear in court. There are no waiting periods.This process is most commonly used when neither party has an attorney as an attorney cannot represent both parties to a divorce in Nevada.
- Complaint/Answer process
If either or both of the parties has an attorney, even if all issues have been resolved prior to filing, the divorce should be filed with one party filing a complaint, the other party filing an answer and then a request is made to the judge for the decree to be entered without a hearing. The decree is submitted to the judge and once signed and filed, the parties are divorced.
Reaching an Agreement After a Case is Filed
The court will finalize a divorce at any time parties reach an agreement as to all the terms. If you need help negotiating an agreement or have reached an agreement and simply need to make sure the paperwork is done properly, McFarling Law Group can help.
Experienced Attorneys at Your Side
At McFarling Law Group, our lawyers are experienced in all family law matters, including contested divorces. If you would like to schedule a consultation with an experienced divorce lawyer in Las Vegas, NV area, call our office at 702.565.4335.