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Uncontested Divorce
A Detailed Guide To Help You Get A Fast, Cheap Las Vegas Divorce Now (From The Experts)
Are you looking to get divorced fast and cheap?
Filing an uncontested divorce in Las Vegas is the fastest, cheapest way to divorce.
Let’s face it: If you and your spouse agree on everything (alimony, division of assets and debts, child custody, and child support), the time and money you can save yourself by filing an uncontested divorce far outweigh the agony and expense of being in a knock-down drag-out divorce!
While we still suggest you consult with a qualified divorce lawyer before filing, we have prepared this detailed guide to help you through the uncontested divorce process in Las Vegas.
What Is An Uncontested Divorce?
An uncontested divorce means that both spouses agree on all aspects of their divorce case, allowing it to be submitted to a judge for a final decree without litigation. For a divorce to be considered uncontested, 100% agreement must be reached on issues such as:
- Child custody and visitation
- Child support
- Tax deductions for minor children
- Health insurance
- Holidays and vacation time with children
- Division of assets and debts
- Alimony
While reaching full agreement on all these issues can seem daunting, an uncontested divorce offers significant benefits:
- It’s generally faster and less expensive than a contested divorce
- Neither spouse typically needs to appear in court
Qualifying for an Uncontested Divorce in Nevada
To file for an uncontested divorce in Nevada, you must meet two key requirements:
Residency: At least one spouse must have lived in Nevada for a minimum of 6 weeks before filing. You’ll need to submit an affidavit from someone over 18 who can verify your residency.
Grounds for divorce: Nevada recognizes three grounds:
- Incompatibility
- Insanity (must have existed for 2 years before filing)
- Living separately for over 1 year
Most uncontested divorces cite incompatibility as grounds.
Filing Process for an Uncontested Divorce
There are two main ways to file for an uncontested divorce in Nevada:
Joint Petition
- Both spouses sign the petition
- Must include detailed agreements on all divorce issues
- File with the court along with other required documents
- Judge reviews and signs the decree if everything is in order
Complaint for Divorce
- Only requires one spouse’s signature
- Must still detail all agreements
- Served to the other spouse, who has 20 days to respond
- If no response, you can request a default judgment
- Judge reviews and signs the decree if everything is in order
Additional Frequently Asked Questions
What is an uncontested divorce?
An uncontested divorce means that both spouses agree on every aspect of the divorce, including child custody, visitation, support, division of assets, and alimony.
Do I qualify for an uncontested divorce in Las Vegas?
To qualify for an uncontested divorce in Las Vegas, you must meet the residency requirement of living in Nevada for at least six weeks before filing your paperwork. You also need to meet one of the statutory grounds for divorce, such as incompatibility or living separately for more than one year.
What is the process for getting an uncontested divorce in Las Vegas?
The process typically involves filing a joint petition or a complaint for divorce, completing required paperwork, serving divorce papers to your spouse, attending to any additional legal requirements, and finalizing the divorce with the court.
How much does an uncontested divorce cost?
Filing fees for an uncontested divorce in Las Vegas are $299, plus potential additional costs for services like process serving and publication. Attorney fees for uncontested divorces can vary depending on the complexity of the case and the services provided.
Do both spouses need a lawyer for an uncontested divorce?
While not required, it’s recommended that both spouses have legal representation to ensure fairness and clarity in the divorce agreement. Attorneys can help prevent future disputes and ensure all legal requirements are met.
What happens if I change my mind about the divorce terms after signing?
If you’ve signed a joint petition but later wish to change the terms, you may need to file a Notice to Withdraw Signature and possibly file a motion to modify the terms. It’s essential to address changes before the divorce decree is finalized.
Are there reasons a judge may not grant my uncontested divorce?
A judge may reject an uncontested divorce if residency requirements aren’t met, paperwork is incomplete, or if the judge disagrees with certain provisions. Seeking legal guidance can help avoid these issues.
How long does it take for an uncontested divorce to be finalized?
The timeline for finalizing an uncontested divorce in Las Vegas can vary but generally ranges from 2 days to 4 weeks, depending on court processing times and the complexity of the case.
Can I get alimony in an uncontested divorce?
Yes, if both spouses agree to alimony terms in advance and include them in the divorce agreement or joint petition.
What happens to insurance and benefits after the divorce?
After divorce, you may need to make arrangements to update insurance policies and benefits. Each provider may have specific requirements, so it’s essential to communicate changes promptly.
Glossary
Affidavit of Resident Witness – A sworn statement from someone attesting that you or your spouse meets the Nevada residency requirements to file for divorce.
Alimony – Also called spousal support. Money paid from one spouse to the other after a divorce. It must be agreed upon in an uncontested case.
Child Custody – Refers to which parent the children live with and the timesharing schedule. Details must be agreed to in an uncontested divorce.
Child Support – Money paid from one parent to the other for the financial support of their children. Child support guidelines set the amount.
Civil Cover Sheet – A form that must be filed with your initial divorce paperwork providing basic case information.
Complaint – The initial divorce pleading filed when one spouse petitions the court for divorce. Does not require a spouse’s signature.
Contested Divorce – A divorce where the spouses do not agree on one or more issues and must be litigated. Requires court hearings.
Decree of Divorce – The final court document signed by a judge formally granting the divorce and outlining all terms.
Default – When one spouse fails to respond to the complaint. Allows the divorce to proceed uncontested.
Filing Fees – The court charges, usually $299 in Nevada, to file a case.
Joint Petition – Single divorce document signed and agreed to by both spouses outlining all terms.
Marital Settlement Agreement – Binding contract signed by spouses agreeing to all divorce terms. It can be filed with a joint petition.
Motion – Written request filed with the court asking for specific action or order.
Nevada Divorce Residency Requirement – At least one spouse must have lived in Nevada for at least six weeks before filing for divorce.
Process Server – Third party hired to deliver the divorce papers to your spouse formally.
Publication – Process of serving divorce papers to a spouse by publishing a legal notice when their whereabouts are unknown.
Request for Summary Disposition – Asks the judge for a final decree without a trial in an uncontested case.
Uncontested Divorce – Divorce where spouses agree on all terms regarding division of assets, alimony, child custody, etc.
Additional Resources for You
Our lead attorney, Molly Rosenblum Allen, Esq., has not only been an outstanding advocate for her clients but has also dedicated her time and expertise to create a wealth of resources for individuals navigating through the complexities of divorce. These resources have been meticulously designed to assist and guide you in your time of need, offering in-depth information, advice, and insights on various aspects of the divorce process. Below, we highlight these invaluable resources:
- Las Vegas Divorce Attorney: A dedicated guide offering comprehensive support and legal counsel for those undergoing divorce in Las Vegas.
- Nevada Divorce: An essential resource for understanding the specifics of navigating a divorce in the state of Nevada.
- Surviving Divorce: A supportive guide to help you cope and find your way during and after the divorce process.
- What Happens If You Don’t Sign Divorce Papers: Key insights into the implications and legal nuances of not signing divorce papers.
- Do I Need an Attorney to Get a Divorce: Expert advice on the importance and benefits of having legal representation during your divorce.
- What is a Collaborative Divorce: An informative piece explaining the collaborative divorce process and how it may benefit your situation.
- How to Win a Divorce: Strategies and advice for approaching your divorce with the mindset and preparation needed to navigate it successfully.
- Switching Lawyers During Divorce: Guidance on the process and considerations involved in changing legal representation mid-divorce.
- How Long Does a Divorce Take in Nevada: An overview of the timeline one can expect when going through a divorce in Nevada.
- High Conflict Divorce: Insightful information on handling and navigating through a divorce that involves heightened levels of conflict.
- Questions to Ask a Divorce Lawyer: A comprehensive list of questions that you should consider asking your divorce lawyer to ensure you are fully informed and prepared.
Molly Rosenblum Allen, Esq. is committed to providing support and clarity during these challenging times through these resources. We encourage you to explore these materials to empower yourself with the knowledge and understanding needed to navigate your divorce proceedings effectively.
Offsite Resources You May Find Helpful
Here are seven offsite resources that provide information about getting a Las Vegas uncontested divorce:
FindLaw: This online resource provides free legal information, a lawyer directory, and other resources on a wide range of legal topics, including uncontested divorce.
Justia: Justia offers free legal information, a directory of attorneys for various legal issues, and a specific section on divorce law.
Avvo: This website provides a directory of lawyers, including those in Las Vegas, legal advice, and other resources on a broad range of legal topics, including uncontested divorce.
Nolo: Nolo provides legal information to consumers and small businesses, including articles, blogs, FAQs, and news on divorce, including uncontested divorce.
LegalMatch: This online legal matching service helps individuals find lawyers in their area, including Las Vegas, and provides advice and resources on family law matters, including uncontested divorce.
The Nevada Bar Association: The official website of the Nevada State Bar offers resources for finding a lawyer, including those who specialize in divorce law.
Clark County Courts: The official website for the Clark County Courts in Las Vegas, Nevada. It provides information about the local court system and legal procedures, including filing for uncontested divorce.
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A Special Message from Our Lead Attorney
Molly Rosenblum, Esq
Are you in Las Vegas and getting divorced?
Have you been searching for the perfect uncontested divorce attorney but feeling frustrated about your options?
Look no further!
The Rosenblum Allen Law firm is Las Vegas’s premier choice for an uncontested divorce.
With years of experience dealing exclusively with legal matters related to family law, our experienced team of lawyers will help you navigate through this difficult time without any hassle.
Whether it’s mediation or court filings that are necessary, we embrace all challenges that come up during a divorce process.
We promise to ensure your interests always come first so that by using us as your representation agency -you can rest easy knowing things like spousal support and other financial issues have been accounted for properly.
Allow us to take care of all the complicated legwork while simplifying what could otherwise be an arduous process —saving both time & money!
Call (702) 433-2889 today – using our expertise won’t disappoint; if anything, it’ll give you lasting peace of mind!
