Divorces are notoriously unpleasant, but it does not always need to be that way. If both spouses are cooperative enough, it may be possible to resolve all of the necessary issues amicably and avoid a lot of heartache and expense. If you and your spouse agree, Miley Law Firm, P.C. will be happy to help you settle your divorce in the most efficient way possible.
WHAT IS AN UNCONTESTED DIVORCE?
Nevada is famous throughout the country for the ease with which one can get a divorce. An uncontested divorce — or “summary divorce,” as it is officially called — is a process that allows couples who agree on all relevant issues to get a divorce simply by filing paperwork and without even going to court. If you can reach agreement on key terms, the judge simply approves it and grants the divorce. This procedure is quicker and less expensive than a regular divorce. However, it’s important to get the details correct. I can ensure that you do so and will guide you through the process.
WHAT ARE THE GROUNDS FOR DIVORCE IN NEVADA?
There are three grounds for divorce in Nevada:
- Separation — When the couple has been living apart for at least a year
- Incompatibility — When the marriage is irretrievably broken
- Insanity — When one spouse has been insane for at least two years, as proven by medical or psychological evidence or by admission to a mental facility
Insanity is not a ground for an uncontested divorce, since it prevents the two spouses from reaching a legally binding agreement on the pertinent issues. But separation or incompatibility can support an uncontested divorce if other conditions are satisfied.
HOW DO I QUALIFY FOR AN UNCONTESTED DIVORCE IN NEVADA?
Spouses seeking an uncontested divorce must establish that:
- They have resided in Nevada for at least six weeks
- They have no minor children and do not expect any, or they have signed a written custody, visitation and child support agreement
- They have no community or jointly owned property or have signed an agreement dividing such property
- They waive alimony or have signed a written alimony agreement
- They waive certain procedural rights, including the right to appeal or to request a new trial
I can help you determine if you meet those qualifications and draft any written agreements you may need.
WHAT IS THE PROCESS FOR GETTING AN UNCONTESTED DIVORCE IN LAS VEGAS?
An uncontested divorce starts with the preparation of the necessary paperwork, which includes:
- A joint petition for divorce, containing basic information the court will need to determine if you qualify, which you must sign under oath in front of a notary
- An affidavit of corroboration of residency, which you must also sign under oath in front of a notary
- An agreement on all issues to be resolved in the divorce, which agreement is attached to the joint petition
Once I gather the necessary information from you and your spouse, I will prepare the documents accurately, get your notarized signatures and file the papers with the state district court for review. The court usually will issue your divorce order within a few weeks. In rare cases, there are questions and issues to be resolved, and I work attentively to deal with them quickly so that your divorce can be finalized without delay.
Contact a knowledgeable Nevada uncontested divorce lawyer for a consultation
The Miley Law Firm advises and represents Nevada clients in uncontested divorces. Please call 702-942-0600 or contact me online to make an appointment for a meeting at my Las Vegas office.
