Experienced Las Vegas Uncontested Divorce Lawyers
Serving Las Vegas, North Las Vegas, Henderson, Overton, Moapa Valley, Mesquite, Laughlin, and all Clark County
Uncontested Divorce Process
Getting an uncontested divorce in Nevada is an easy and inexpensive way to dissolve your marriage. It can literally happen in under 60 days as long as there are no issues or disagreements that come up during the process. There are basically two ways to get an uncontested divorce in Nevada.
Joint Petition
The first method for getting an uncontested divorce is by filing a joint petition for a dissolution of marriage. A joint petition is a request presented by both spouses asking the court to grant them a divorce. The spouses must agree on literally every single issue – including child support and custody if they share a child or children – before they can jointly request such a divorce. But keep in mind that, if there is any disagreement whatsoever about any single issue, the divorce is no longer “uncontested.” Using a lawyer to mediate any potentially contentious issues can help couples come to a complete agreement, thereby saving the couple the extra time and money it would take to file a contested divorce complaint.
One Spouse Files Complaint
le a complaint for yourself. Once you file and serve the complaint on your spouse, they must file an answer within 20 days. You can then use that time to work out your agreement while still moving the process of divorce forward. If you cannot come to an agreement, and your spouse does not respond to the complaint, you can obtain a default divorce judgment.
With over 36 years of collective experience, the Las Vegas uncontested divorce attorneys at Mills & Anderson are particularly knowledgeable in all aspects of family and divorce law, including uncontested and contested divorce, alimony, child custody, and child support. Our Las Vegas uncontested divorce lawyers have successfully represented both male and female clients in Las Vegas, Boulder City, Henderson, Mesquite, and other cities within Clark County, Nevada. Contact (702) 386-0030 or submit an online form to schedule your consultation today. All consultations are completely confidential.
Frequently Asked Questions
- What is an Uncontested Divorce?
- Who Can Get an Uncontested Divorce in Nevada?
- divorce/uncontested-divorce/What are the Grounds for Divorce in Nevada?
- What Could Complicate an Uncontested Divorce?
- Where Can I Learn More about Uncontested Divorces?
- Is an Uncontested Divorce Right For Me?
- What Happens If My Spouse And I Don’t Agree on Every Issue?
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What is an Uncontested Divorce?
- Division of their community property and debt,
- Alimony (spousal support), and
- If the parties have a minor child in common—child support, child custody, and visitation issues.
An uncontested divorce can also be beneficial to both spouses because it allows them to keep the facts surrounding their marriage private by avoiding the trial process. Seek help from a trusted Las Vegas uncontested divorce lawyer at Mills & Anderson.
Who Can Get an Uncontested Divorce in Nevada?
In order to petition a Nevada court
for divorce, at least one of the spouses must have resided in Nevada for a minimum of six (6) weeks prior to the original divorce papers being filed. In addition, a “resident witness” must accompany the petition to establish the court’s jurisdiction over the divorce. The resident witness must be a Nevada resident willing to sign a document stating the spouse has lived in Nevada for at least six weeks.
What are the Grounds for Divorce in Nevada?
The State of Nevada is a “no-fault” divorce state. This means that a spouse is not required to prove their spouse did something to cause the divorce and only needs to disclose that they are “incompatible”, in other words, unable to get along and resolve their marital issues.
What Are the Criteria of an Uncontested Divorce?
When both spouses are able to agree on all the terms, they qualify for an uncontested divorce. Some of the most common issues of a divorce involve:
- Children: The spouses seeking an uncontested divorce either don’t have children that are minors or the spouses have children that are minors and have executed a written agreement establishing custody, visitation, and child support. (Chapter 125 of the NRS)
- Alimony: The spouses seeking an uncontested divorce have either waived their rights to alimony or they have executed a written agreement establishing the terms of their alimony. (Chapter 125 of the NRS)
- Marital Assets and Debts: The spouses seeking an uncontested divorce do not have joint or community property/debt or they have executed a written agreement dividing the property/debt to the court’s satisfaction. (Chapter 125 of the NRS)
Is an Uncontested Divorce Right For Me?
Any Las Vegas uncontested divorce lawyer will tell you that agreement means a faster, cheaper, and less painful divorce. However, an agreement is not always feasible. An uncontested divorce may be inappropriate when:
- One or both spouses abuse drugs or alcohol;
- One spouse emotionally or physically abuses the other, or abuses a child of the marriage;
- One or both spouses lack the mental capacity to manage their own affairs; or
- One or both spouses intend on concealing information pertinent to the dissolution of marriage, including information related to personal health, income sources, and asset disclosure.
In addition, unlike a contested divorce, an uncontested divorce requires both parties to operate in good faith, proceed with an open mind, and possess a willingness to prioritize cooperation over personal preference. If either party lacks these characteristics, you might find it impossible to agree on each and every issue.
What Happens If My Spouse And I Don’t Agree on Every Issue?
If you and your spouse fail to agree to every issue related to spousal support, asset and debt division, and child custody and support, then you cannot get an uncontested divorce. However, you may still be able to avoid costly divorce litigation by agreeing to mediate or arbitrate your differences in lieu of trial. If you find yourself in disagreement with your spouse but want to avoid a costly trial, an experienced Las Vegas uncontested divorce attorney can help you determine your best options.
Resources
Nevada Law Library – Visit the official website of the Nevada Legislature’s online law library to learn more about the laws that govern the State of Nevada, including Nevada Revised Statutes, the administrative code, and the rules of conduct within Nevada courtrooms.
Clark County Family Court – Visit the website of the Family Division of the Eighth Judicial District Court to obtain more information regarding divorces, visitation rights, child support, spousal support, and adoption.
Experienced Clark County Uncontested Divorce Attorneys Make a Difference
Though an uncontested divorce is less time consuming and costs less, your situation may be complex and require more expertise. The Las Vegas uncontested divorce attorneys at Mills & Anderson have successfully represented both male and female clients seeking a divorce in Boulder City, Mesquite, Las Vegas, and other cities within Clark County, Nevada.
We also represent clients in a variety of issues including:
- Contested Divorce
- Incapacitated Divorce
- Military Divorce
- Mediation Divorce
- High Income and High Net Worth Divorces
- Alimony
- Temporary Alimony
- Rehabilitative Alimony
- Division of Community Property
- Hidden Assets
Contact us online or at (702) 386-0030 to schedule your consultation today. All consultations are completely confidential.
