Uncontested Divorces

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When a divorcing couple cannot agree on the manner in which they officially dissolve their marriage and divide their assets, then they must go to the courts to allow the legal system to sort out these affairs for them. This is known as a contested divorce. But what happens when both parties are able and willing to reach a mutually acceptable agreement without the intervention of third parties? In this case, the spouses may file for an uncontested divorce. This option has many advantages over its antagonistic alternative. In fact, an uncontested divorce is the choice selected by the majority of couples who wish to legally end their marriage.

Uncontested divorces begin with one spouse filing the court papers in compliance with Nevada state law. If the other spouse agrees to the terms set forth in the papers, then an uncontested divorce will be speedily granted by the court. The same result also occurs if the other spouse fails to contest the court petition.

However, not every couple is eligible for this option. To qualify for an uncontested divorce, it is essential for both sides to arrive at complete agreement regarding all aspects of the settlement—division of debt and property, child custody, spousal support, and so forth. Disagreement with any of these issues makes an uncontested divorce impossible. This is an important point. It’s not uncommon for couples to enter negotiations with every intention of hammering out a fair and reasonable agreement with help from their uncontested divorce attorneys, only to get intractably hung up on one unexpected detail. If this should occur, then it will be necessary to go through the various procedures involved in a contested divorce.

But if both parties can agree on a joint petition to present to the court, then the process will be substantially easier than it is for those couples who simply can’t find common ground. An uncontested divorce is less expensive, less time-consuming, and less stressful than the alternative. It also increases the likelihood that couples will remain on reasonably good terms after the divorce has been granted.

Another consideration—one that tends to attract relatively little commentary—is that divorce proceedings generally become public record. Understandably, many people prefer not to have their family secrets aired in public—and that’s essentially what happens when you go through a long divorce trial. That could be another incentive to hire an uncontested divorce attorney and try to make a deal, which will require a smaller amount of privacy-damaging paperwork to be filed with the court.

Nevada is a “no fault” state regarding divorce. According to state law, couples can qualify for a divorce if they meet one of the following criteria:

  • The spouses are “incompatible”—that is, they simply can’t get along.
  • The spouses have been separated for one full year or more.
  • One spouse has been certified insane for at least two years prior to the court filing.

It’s always best to have an experienced lawyer in your corner when you prepare to dissolve your marriage. That’s what you get when you hire the Las Vegas uncontested divorce attorneys at the McFarling Law Group. Feel free to contact us with any questions you might have.