Uncontested Divorce in Nevada

Uncontested Divorce in Nevada

  10 Jul 2019

Many believe that divorce is ugly. And this is partially true since there are many cases in which divorce turned into a war in a courtroom between spouses, where they do terrible things. Nevertheless, marriage dissolution is not always so messy. Many spouses end their marriage peacefully and quietly, without dramas and tantrums. If a couple can prepare an agreement on all key aspects of termination, they have a lot of chances to get an uncontested divorce.

Overview of an Uncontested Divorce in Nevada

The uncontested divorce implies that the spouses work together to dissolve the marriage. A husband and wife decide all the main terms of their termination without engaging third parties in the discussion so that they can get a divorce much faster. It is also worth noting that many pairs files for an uncontested divorce without the help of a lawyer, which allows saving money. Since the courts of Nevada have online help center, which provided all the necessary information on how to file for divorce on your own.

If both spouses agree to a divorce and sign documents together, they can dissolve the marriage within 1 to 3 weeks. If only one spouse submits papers to the court, the divorce will be completed within 6 to 8 weeks.

An uncontested divorce is an inexpensive and affordable way to terminate a marriage. In Nevada, however, there is a summary dissolution, which is a special kind of an uncontested divorce, thanks to which marriage can be finalized even faster.

Summary Dissolution in Nevada

When spouses prepare together for a divorce, they can get a decree without even coming to court hearings. However, summary dissolution puts forward several requirements for the pair:

  • The couple has no common minor children, and the wife is not pregnant. Or, if there are common minor children, the spouses have signed a custody agreement and a visitation plan.
  • The reason for divorce is the incompatibility of the spouses, while they live separately and without cohabitation for at least one year.
  • The spouses do not have marital property. If there is anything, the couple signed an agreement on how to divide it.
  • Both spouses refuse to apply for alimony. This decision cannot be debated in the future.
  • Both spouses waive their rights to 1) notice of entry of the decree, 2) to appeal the judge’s order, 3) to request findings of fact and conclusions of law, and 4) to request a new trial.
  • Spouses sign a joint petition.
  • Both spouses want the court to enter the divorce.

Requirements of an Uncontested Divorce in Nevada

When spouses are claiming for an uncontested divorce, they must make sure that they meet all the criteria that are as follows. First, the husband and wife should discuss all critical aspects of their termination and come to a compromise decision regarding the division of marital property and debts, custody of common minor children, financial support for children, alimony and prepare a parenting plan. The result of the discussion should be the signing of the Settlement Agreement, in which the spouses speak out all the above questions and solutions. If the pair has any other conflict points regarding termination, they also need to be resolved and entered into the Agreement.

Secondly, it is possible to file for divorce if there are grounds established by law. In Nevada, these are no-fault reasons, which include the incompatibility of spouses. It means that marriage is so damaged that spouses cannot live together. Also, it indicates that husband and wife do not blame each other for breaking off relations.

Thirdly, the residence requirements must be met, which are as follows:

  • If the spouses file a joint petition, then either the husband or wife must be a state resident.
  • If the petition is submitted by only one spouse (plaintiff), then he or she must reside in Nevada for at least six months before filing a lawsuit.

Nevada Divorce Papers

The forms required to get a divorce in Nevada differ depending on the circumstances of the termination and the county where the case is filed. But the standard list consists of:

  • Complaint for Divorce With Children
  • Complaint for Divorce No Children
  • Joint Petition
  • Summons
  • Family Court Cover Sheet
  • Joint Preliminary Injunction
  • Answer to Complaint for Divorce No Counterclaim
  • Decree of Divorce With Children
  • Decree of Divorce No Children
  • Short Form Financial Declaration
  • Motion for Temporary Custody
  • Temporary Child Support
  • Notice of Entry of Decree of Divorce
  • Affidavit in Support of Request for Summary Disposition for Decree of Divorce
  • Affidavit of Resident Witness
  • Request For Summary Disposition of Decree of Divorce

Please note that not all documents from this list need to be submitted. For example, spouses who file a lawsuit together must complete a Joint Petition, while Complaint for Divorce is used if only one spouse sue. It is also worth checking with the county clerk what divorce documents are mandatory in your case, since the court may require additional papers.

On the website of the courts of Nevada, there is the necessary information about how to file for divorce yourself, as well as how to choose the right county. Moreover, on the website, you can find examples of the required divorce forms.

Divorce Process in Nevada

If the spouses file a joint petition, their divorce will be finished much faster. They must also submit the following papers to the court: the Affidavit of Resident Witness Court, a Civil Cover Sheet, Decree of Divorce, and additional divorce papers required in their case (if such are necessary). All documents must be filed on the same day, after which a waiting period will begin before the judge will grant a divorce. Usually, spouses do not participate in the court hearing and receive a decree by mail.

If only one spouse files a lawsuit, then he must prepare a Complaint for Divorce and other divorce forms that are appropriate to the circumstances of the termination. After the court accepts the case, the claimant must send the defendant the copies of the documents and Summons. Having received all the papers, the respondent has 20 days to file an answer. In an uncontested divorce, the defendant must agree to participate in the divorce by signing Answer to Complaint for Divorce No Counterclaim. After that, the claimant or respondent must sign the Request for Summary Disposition for Decree of Divorce and Affidavit in Support for Summary Deposition. With these documents, the spouse asks for a divorce without a hearing. If the judge approves them, then at the expiration of the statutory waiting period, a decision on the divorce will be issued without the presence of spouses in court. If the judge has any questions regarding the Settlement Agreement, he will invite the pair for a short hearing to sort out, after which he will grant a divorce.

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