We all know that getting divorced isn’t easy. Just the process of going through the legal divorce procedures can be harrowing. That’s why many people explore ways to minimize the emotional turmoil and drawn out legal battles of divorce. One of the things that you may have heard of is an uncontested divorce. In Las Vegas, you can file for divorce without fighting over things like custody and property distribution. When you file for an uncontested divorce, you tell the court that you agree on everything right away.
While uncontested divorce might sound great, there are some important things to consider. It isn’t right for everyone. If it seems like the best choice for you, there are some things that you need to know to ensure that your best interests are represented and that you receive a fair result. Here’s what you need to know about filing an uncontested divorce in Las Vegas:
What Is an Uncontested Divorce?
An uncontested divorce is a divorce where the parties agree about all the major issues up front. There are no contested legal proceedings. All you do is file the agreed-upon documents and finalize the judgment of divorce. There’s no trial and no formal discovery proceedings. Instead, the parties discuss and agree on issues prior to filing. They file paperwork with the court to formalize the agreement and finalize the divorce.
How Does Uncontested Divorce Work in Las Vegas?
To get an uncontested divorce, you negotiate the terms of your divorce before you file for divorce. You must agree on everything discussed. You complete the final divorce paperwork before you even file the divorce. Once you complete the paperwork, you file it with the court. You submit all of the documents that the court requires along with a statement that the divorce is uncontested. The court approves the paperwork and your divorce is complete.
Can I Get an Uncontested Divorce if I Have Children?
Yes, you can get an uncontested divorce in Las Vegas if you have children. The terms of custody, parenting time and child support must all be decided by the parties as part of the divorce. Perhaps it’s more challenging to do an uncontested divorce if you have minor children simply because child issues are often more challenging to negotiate than property issues. But every case is different. You can get an uncontested divorce with minor children in Las Vegas if you’re able to agree with your spouse on all child and property-related issues.
Documents to File an Uncontested Divorce in Las Vegas
To get an uncontested divorce, you must file the following documents:
- Family Court Cover Sheet – gives basic demographic information about the parties
- Joint Petition Application – the request that the court grant the divorce
- Resident Witness Affidavit – a document that a third-party witness fills out to attest to the fact that you’ve lived in Nevada for at least six weeks
- COPE Certificate – verification that you attended a course to learn about co-parenting
- Joint Petition Decree of Divorce – the statement that details the terms of your divorce including parenting time, alimony, property issues and all the other terms of your divorce
Do I Need an Attorney for an Uncontested Divorce in Las Vegas?
In order to have an uncontested divorce in Las Vegas, you must agree on everything. From the details of parenting time to whether either party is going to pay alimony, you must agree on all of the details. You can do an uncontested divorce successfully, but it’s important to be aware of all of the fine points on which you need to agree.
Even though you’re working towards a resolution, you still need an attorney to represent your interests. Your attorney for an uncontested divorce can help you understand how Nevada divorce law applies to your case. When you know what your rights are under the law, you can work towards reaching a fair resolution by agreement in your case. Working towards an uncontested divorce doesn’t mean giving up your rights. Instead, it means negotiating strategically to come to a well-reasoned, negotiated agreement. An experienced attorney can be instrumental in ensuring that your interests are protected and that you arrange a favorable resolution for everybody involved.
Is an Uncontested Divorce Faster Than a Traditional Divorce in Las Vegas?
Yes, an uncontested divorce can be faster than a traditional divorce in Las Vegas. There’s no waiting period for a divorce in Las Vegas. There are requirements for filing for divorce, such as a six-week residency period. But once you qualify to file for divorce, there’s no waiting period. As soon as everything is complete, the court can approve your divorce. As long as you meet the filing qualifications, you can get divorced just as fast as you can fill out the paperwork.
Can You File an Uncontested Divorce if One Party is Unresponsive?
An uncontested divorce in Las Vegas is different from a divorce in which the other side doesn’t file responsive pleadings. If you’re unable to agree on the terms of your divorce up front, you can still file for divorce. The other side has the option to file responsive pleadings, but they don’t have to. When the other party doesn’t file a response, that’s called a default divorce. You can still proceed with the divorce and, in fact, can generally get everything that you ask for if you’re the filing party in a default divorce. However, a default divorce is not the same thing as an uncontested divorce.
Getting an Uncontested Divorce in Las Vegas
Is an uncontested divorce right for you? Are you wondering what your best options are for divorce? Our divorce attorneys at Half Price Lawyers can help. We invite you to meet with our team to learn about your options and what to expect in the divorce process. If an uncontested divorce is your best option, we can represent you to help protect your interests and reach the best possible result under the law. Contact our team today to get started.