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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.
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Divorce Laws Discussed in this Article
What Is An Uncontested Divorce?
An uncontested divorce means that every aspect of your divorce case is agreed upon between the spouses and can be submitted to the judge for a final decree.
The key here is that all aspects of the divorce must be agreed to in order for the divorce to be considered an uncontested divorce.
In uncontested divorces, child custody, visitation, child support, tax deductions for minor children, health insurance holidays with children, vacation time with children, division of assets, division of debts, and alimony must be 100% agreed to when the paperwork is filed.
We know… it can seem like a lot to consider, and reaching agreements on these issues can be overwhelming.
However, if you want to divorce fast and cheaply, an uncontested divorce requires everything to be agreed to in advance.
And the best part?
An uncontested divorce usually means that neither spouse has to go to Court.
What If My Spouse and I Want An Uncontested Divorce But We Don’t Agree To Everything?
As we said above, an uncontested divorce requires that everything be agreed to before the paperwork is submitted to the judge for a final decision.
And it’s not easy to agree to everything, especially when you are getting a divorce.
Suppose you want to try to reach agreements with your spouse before paperwork is filed for your divorce. In that case, you can try to negotiate directly with your spouse or hire a mediator to resolve any issues before your divorce paperwork is submitted for a final decree.
How Do I Qualify For An Uncontested Divorce In Nevada?
To file for an uncontested divorce, you have to meet two requirements.
First, you need to meet the residency requirement.
If you want a Nevada divorce, you must live in Nevada for at least six weeks before you file your divorce paperwork.
You must submit an affidavit from someone over 18 who can attest that you live in the state.
It never fails that we get folks who move to Las Vegas with the sole intent of filing for divorce.
Remember that judges will scrutinize an uncontested divorce where one of the spouses just moved to Nevada and filed for divorce immediately after the six week deadline.
How do you prove you are a resident if the judge asks?
The most common way is to present a driver’s license.
But let’s face it: people move to Vegas and rarely change their driver’s license until it is set to expire.
So, if you don’t have a driver’s license, you should be able to show proof of income in Nevada with a paycheck stub or employment contract.
If you aren’t employed and don’t have a driver’s license, you should be prepared to present a copy of your lease or mortgage statements, proof of utility bills in your name, a Nevada bank account in your name, and other similar documents to show residency.
Keep in mind that only one spouse needs to be a resident to file an uncontested divorce in Nevada.
You will also need to meet one of the statutory grounds for divorce.
The three statutory grounds for divorce in Nevada are (1) incompatibility, (2) insanity, and (3) spouses living separate and apart for more than one year.
If a spouse is filing for divorce on the grounds of insanity, the spouse must demonstrate the insanity existed two years before the filing.
Most people who file an uncontested divorce in Las Vegas state that they are incompatible in marriage, and there is no possibility of reconciliation (at least when the divorce is submitted).
So, if you meet the residency requirements and the statutory grounds for an uncontested Las Vegas divorce, keep reading to learn more about the divorce process.
What is the process for getting an uncontested divorce in Las Vegas?
Getting a divorce is supposed to be super easy.
However, many clients find the process complicated and overwhelming.
In addition, if you have an uncontested divorce, there are two different ways to get to the final divorce decree.
So don’t worry: We explain the process for getting an uncontested divorce step by step.
The Joint Petition For An Uncontested Divorce
One option for filing an uncontested divorce is to file a joint divorce petition.
The joint petition is often called a two-signature divorce because it requires both spouses to sign off.
If you are using a joint petition, you will need to make sure every aspect of your divorce is included in the joint petition.
Specifically, you and your spouse need to include the following provisions:
- Division of assets: including, but not limited to, a specific description of each asset like the VIN for cars, the address and APN number for real community property and bank account numbers and the institutions where funds are held, and the percentage each spouse will get;
- Division of debts: consumer debt should include the name of the debtor and the account numbers, loans should be specific, car notes and mortgage payments should also be detailed, and again, you will want to identify how each debt will be divided and when payments on the obligations are expected to be made
- Spousal support/alimony/maintenance: you will want to specify whether or not a spouse is getting alimony, and if how so, how much, for how long, and how it will be paid; if no support is being paid, you need to specify this in the joint petition
- If you have children, all provisions for your children need to be specified: regular visitation, holiday visitation, vacation time, transportation, child support, minor child tax deductions, health insurance, extracurricular expenses, passports, and other matters that might affect your minor children should be specified in your joint petition.
- Any other issues that may arise: if you are dividing up a business or one spouse is being paid their interest in a company, this should be explained in the joint petition; if current tax obligations or refunds are an issue, this also needs to be presented in the joint petition
Once you have completed the joint petition for divorce in detail and you and your spouse have signed it, you will need to take it, along with the Civil Cover Sheet, to the Eighth Judicial District Court, Family Division, for filing. Again, you must pay the filing fee of $299 when you file your joint petition.
Additional Paperwork
You will also need to file an Affidavit of Resident Witness from someone who says they know at least one spouse and that the spouse is a bona fide resident of Clark County.
You will also need to file a Request for Summary Disposition. This lets the judge know that everything in your divorce is agreed to, and you are ready to have the judge review the paperwork and sign your Decree of Divorce.
If you have children, you will need to complete the COPE class. Once you complete the class, you will receive a certificate, and you and your spouse must file your COPE certificates into your divorce case to prove you have completed the course. Most judges will not grant a divorce unless you complete the COPE class and file your certificate with the Court.
Submitting Your Decree and Finalizing Your Divorce
Once you have filed your joint petition, affidavit of resident witness, request for summary disposition, and COPE certificates (if needed), you will need to take your Decree of Divorce to the 3rd floor of the Family Court and leave it in your judge’s bin to be reviewed. You should expect a call from the judge’s staff at least two to 30 days after submitting the decree. At that time, the judge’s team will let you know if your judge has approved your divorce or if you need to make changes to your paperwork.
If all goes well, the judge will sign the Decree of Divorce, and you can file it with the Court. Once the Decree of Divorce is filed, your uncontested divorce is complete.
You will want to enter the Decree and mail copies of the Notice of Entry of the Decree of Divorce to your spouse and file a Certificate of Mailing proving the final decree was provided to your spouse.
Filing An Uncontested Divorce Complaint
If you believe your spouse won’t sign a joint petition if you can’t find your spouse or don’t want to participate in the divorce process, you can still obtain a Las Vegas uncontested divorce.
However, there may be more steps, which may take longer than filing a joint petition.
Filing the Complaint for Divorce and additional documents
You can file a Complaint for Divorce instead of a joint petition. The Complaint only requires your signature.
Your Complaint for Divorce should include the exact details of your joint petition. Specifically, you will need information about assets and debts, alimony, child custody, child support, other child matters, and any other issues you must include.
You will take your Civil Cover Sheet, Complaint for Divorce, Summons, and Joint Preliminary Injunction to the Eighth Judicial Family Court for processing. The court clerk will give you a filed Complaint and issue the Summons and Joint Preliminary Injunction.
Serving Your Spouse With the Divorce Papers
Once you have the Complaint, Summons, and Joint Preliminary Injunction, you must give them to a third party to serve on your spouse.
You can use a process server or an independent third party over 18 to serve the documents. A friend or adult family member is recommended. It would help if you did not use adult children to serve their parents.
Keep in mind that the documents must be personally served on your spouse. YOU CANNOT MAIL THEM OR LEAVE THEM ON YOUR SPOUSE’S DOORSTEP.
If you can have your spouse personally served, you must get the server to prepare an Affidavit of Service, which must be filed into your divorce case.
You must publish your divorce if you cannot personally serve your spouse. You should contact Nevada Legal News for publication. Once the publication period is complete, you will receive an Affidavit of Service by Publication, which must be filed into your divorce case.
Whether you have your spouse personally served or you serve by publication, you only have 120 days from the day your divorce is filed to serve your spouse. If you can’t get your spouse served in time, your case will likely be dismissed, and you will have to start filing for an uncontested divorce from the beginning.
After Your Spouse Is Served
After your spouse is served the divorce papers, you should file your Affidavit of Resident Witness into your divorce.
Also, if you are divorcing and have minor children, complete the COPE class and file your certificate of completion into your divorce.
Now, you wait 20 days for your spouse to respond to the Complaint.
If your spouse responds but does not contest anything, you can submit the divorce decree and ancillary paperwork to the Court. Keep reading for more information on this.
If your spouse doesn’t file a response, you must default your spouse by submitting a Default to the Clerk of the Court to be issued. Once it is issued, file the Default into your divorce case.
Finalizing Your Divorce
You must also complete and file a Request for Summary Disposition and an Affidavit of Plaintiff into your divorce case. These documents let your judge know that the Decree of Divorce is ready to be reviewed and signed by the judge upon approval.
Finalize your Decree of Divorce and deliver it to your judge’s bin on the third floor of the Family Court. Then, wait two to 30 days for your judge to review the documents in your case.
If all goes well, the judge’s staff will notify you the decree has been signed. If changes are needed, the judge’s team will let you know.
Once the judge approves and signs the decree, you need to file it into your divorce case.
You will also want to enter the decree and mail it to your spouse’s last address. File your certificate of mailing to prove the decree was sent. And that’s it. You are divorced.
Suppose your spouse disagrees with the divorce and files an Answer denying any of the allegations in your complaint or files a Counterclaim asking for something different from your complaint. In that case, you are no longer involved in an uncontested divorce.
Instead, you will need to attend Court hearings and possibly have a trial to get divorced.
Here Are Some Answers To Your Most Frequently Asked Questions About Uncontested Divorce In Las Vegas
It is hard to know whether or not to file an uncontested divorce.
Even if you know your divorce will be uncontested, we still get many questions about the process and procedure.
Here are answers to some of your Frequently Asked Questions about Las Vegas Uncontested Divorces:
How long does it take for my uncontested divorce to be finalized in Las Vegas?
If you do it right or have a lawyer do it right, it generally takes anywhere from 2 days to 4 weeks to receive a divorce decree from the time the initial paperwork is filed.
Why four weeks?
Well, most of the family court judges in Las Vegas will sign off on your paperwork in 2 to 10 days.
But a few judges scrutinize the uncontested divorce filings, and those judges can take anywhere from 2 to 4 weeks to process your paperwork.
Unfortunately, there is no way to pick the judge for your uncontested divorce, so it is just the luck of the draw.
Does my spouse need to hire a lawyer if we file an uncontested divorce? Can't we just use one attorney?
While your spouse is not required to have a lawyer, we usually recommend that both parties have lawyers even when filing for an uncontested divorce.
As lawyers, we aim to make the decree clear and ensure there are no hidden items so that both parties stay out of court after the divorce is final. Think of it this way – the lawyers are there to ensure the agreements are fair for both sides and that all of its i’s are dotted, and t’s are crossed.
Returning to court to litigate an undisclosed asset or renegotiate child support can be time-consuming and expensive. When both sides have lawyers, in most cases, these issues are resolved in the initial paperwork, avoiding the need to return to Court.
Most lawyers handling uncontested divorces will only represent one spouse, not both, as this could be a conflict of interest.
So again, while it is not required that both spouses have their lawyers, we do recommend it.
What happens if I sign a joint petition, but change my mind about the divorce terms?
If you have signed a joint petition but change your mind and your decree has not been signed and filed by the judge, you can file a Notice to Withdraw Signature with the family court.
At this point, you and your spouse will be in contested divorce litigation.
You will also need to file a motion to explain to the Court why you no longer agree with the terms of the joint petition and to ask for alternative relief.
For example, if you signed a joint petition saying no alimony but change your mind and say you now want alimony, you will need to withdraw your signature from the joint petition by filing a notice with the Court.
You should then file a motion explaining to the judge what has changed or why agreeing to no alimony in the first place was not fair. Again, this must be done before your divorce decree is final.
If your divorce decree has already been finalized, signed by the judge, and filed into your case, you must file a motion to modify the decree or set it aside.
Making changes to an already finalized decree can be difficult, and there are strict time frames to make changes, so we strongly suggest you consult with an attorney.
Is there any reason the judge will not grant my uncontested divorce?
There are many reasons a judge may not sign off on an uncontested divorce. First, if your judge thinks you are not a resident, the judge can refuse the divorce.
For example, we had a case where the divorce was uncontested, but the judge didn’t believe our client was a resident. The judge denied the divorce and asked our client to refile the divorce after she had lived in Las Vegas for more than six weeks. The second time around, our client obtained a job in Las Vegas and had a driver’s license when she filed. The judge immediately granted her divorce.
Second, if the judge feels your paperwork is incomplete, the judge may ask for more clarification or ask for additional terms to be added to your paperwork.
For example, if you file a decree of divorce that says your spouse will get the marital residence but you don’t list the address or your spouse gets the car but you don’t identify the car, the judge may return the decree and ask you to clarify these assets with more details like an address or VIN number. We also see decrees returned because child support is not properly calculated. If you are divorcing with children, the law requires child support calculations be included in your divorce decree.
Finally, the judge may not agree with certain provisions of your divorce and may reject your decree.
For example, if you divorce with children and you say the you are getting sole legal and sole physical custody of your children, chances are the judge will not sign off on the decree of divorce without you going into court and explaining why you are getting sole custody.
This is why we strongly suggest you hire a divorce attorney for your uncontested divorce.
How Much Does An Uncontested Divorce Cost In Las Vegas?
The fees and costs for filing an uncontested divorce depend on the filing type.
Whether you file a joint petition or decide to file a complaint for divorce, the filing fees alone are $299. Yes! That’s $299 to file your case.
In addition to the filing fees, if you decide to file a Complaint for Divorce, you may also incur fees for hiring a process server and publishing the Complaint. Depending on how difficult your spouse is to serve, this can cost an extra $200-$300.
The bottom line?
You should expect to pay at least $300-$750 to file your case, depending on the type of uncontested divorce you file and how difficult your spouse is to serve. If you divorce yourself, there may be additional fees for notary services and court runner fees.
Beware of anyone telling you they can do an uncontested divorce for $500 or less. This usually means paying a notary or paralegal, NOT a lawyer. This does not include filing fees, process server fees, and publication costs. For $500 or less, you might do most, if not ALL, of the work to get your divorce done.
If you hire a Las Vegas attorney, usually the total fees include the costs for filing the paperwork, process server fees, notary fees, and publication costs. Remember that fees and expenses vary from law firm to law firm, depending on how complicated your case is.
For an uncontested divorce at our firm, our fees begin anywhere from $650 to $3500, including the filing fees, service of process fees, notary fees, publication fees, and court runner fees. The attorney’s fees and costs depend on the case’s complexity, the number of filings needed, and whether or not a court appearance is required, among other things.
For more information about our fees and costs for an uncontested divorce, call us at (702) 433-2889 or complete our online form.
How Much Does An Uncontested Divorce Cost In Las Vegas?
Deciding to hire a lawyer for your uncontested divorce can feel overwhelming.
Let’s face it! There are lawyers everywhere in Las Vegas, but not all lawyers are created equal, especially in family law.
If you are filing for an uncontested divorce, we strongly recommend finding an experienced divorce lawyer.
Too many things can go wrong, and hiring your buddy who does personal injury cases leaves you open to problems that could occur down the line. This can lead to anger and frustration and will likely cost you lots of money.
Believe us. . .
Finding an experienced divorce attorney who can best represent your interests from the beginning of your case is vital.
In addition, if you are contemplating a joint petition, you will want to ensure that any divorce lawyer you talk to prepares joint petitions. (SECRET: Not all family lawyers handle divorces, and not all lawyers that handle divorces draft joint petitions!)
So, how do you find the right divorce lawyer to manage your uncontested divorce?
Keep reading . . .
Online Research
There are lots of websites devoted to finding attorneys.
Avvo, Findlaw, and even Yelp have a plethora of lawyer listings.
It’s important to remember that when you research lawyers online, the internet isn’t always 100% accurate in depicting a lawyer’s knowledge or capabilities.
If you begin your search by looking online for a family law attorney, be sure the lawyer has experience handling divorces, specifically uncontested divorces.
Ask Family And Friends
If you live in Las Vegas or know people who do, we suggest you ask family and friends for recommendations.
When asking for references, be specific with them and tell them you want a lawyer with uncontested divorce experience or a lawyer who will help you and your spouse resolve your divorce amicably.
Once you’ve identified a few family law attorneys, call their office and schedule an appointment to ask questions about your case. Again, make sure your potential lawyer has experience with uncontested divorces or that the lawyer feels comfortable drafting joint petitions.
Interview Potential Lawyers
Before you give any lawyer a dollar, talk to them about your case first.
Don’t be afraid to ask the lawyer questions about how much they charge, how long they think the process will take, how quickly they can get your paperwork filed, and how practical it is for your case to be uncontested.
Be sure the lawyer explains things in a way you understand and that you feel confident after speaking with the lawyer that they can handle your case.
Finally, be sure to discuss legal fees with the attorney. After all, finding a lawyer that’s a great fit won’t work if you can’t afford the legal fees.
If you have a lawyer that fits, that you trust and like, and fits your budget, move forward and complete your uncontested divorce!
For more information about our fees, our experience with uncontested divorces, and how we can help you, call us at (702) 433-2889 or complete our online form.
Additional Frequently Asked Questions
What if my spouse and I can’t agree on how to divide our assets and debts?
You won’t qualify for an uncontested divorce if you can’t agree upfront. You may need to negotiate further or enter into mediation to resolve the disputes before filing.
Should I use a divorce kit I find online for my uncontested case?
Divorce kits can be risky and may not comply with all legal requirements in Nevada. It’s best to have an experienced divorce lawyer handle the paperwork.
How do I serve divorce papers to an out-of-state spouse?
You can hire a process server in your spouse’s state or publish a notice if their address is unknown. An attorney can guide you through out-of-state service.
What if I can’t afford the filing fees for an uncontested divorce?
You may qualify for a fee waiver if you have a meager income. Ask the court clerk or your attorney about options.
How do I get copies of my divorce decree after it’s finalized?
Once the judge signs your decree, the court clerk can provide certified copies. Your attorney can also request copies for you.
Can I get alimony in an uncontested divorce?
Yes, if you and your spouse agree to alimony terms upfront. The joint petition or settlement agreement should spell out the duration and amount.
What happens to insurance and benefits after the divorce?
Check with each provider. You may need to notify them of the divorce, make separate arrangements, or enroll in COBRA.
Let me know if you need any other additional questions answered!
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!
