Do you qualify for an Uncontested Divorce?
Las Vegas Uncontested Divorce Attorney
Uncontested divorces are often the most efficient and cost-effective way to end a marriage. However, not all couples qualify for an uncontested divorce.
Nevada law requires that the parties agree on all issues related to the divorce, including child custody, child support, property division, and alimony. If you and your spouse can agree on these issues, you may be eligible for an uncontested divorce. If not, you will need to file a contested divorce and have the court settle these matters.
You may be able to file an uncontested divorce if you and your spouse agree on the following:
- Grounds for divorce
- Child custody and visitation schedules
- Child support payments
- How to divide your property and debts
- Whether one spouse will pay alimony to the other
If you and your spouse cannot agree on any of these issues, you will need to file a contested divorce and ask the court to make decisions on your behalf. A contested divorce can take significantly longer and is more expensive than an uncontested divorce.
PRACTICE AREAS
How to File for an Uncontested Divorce
The process for filing an uncontested divorce in Nevada depends on whether you have children together. However, the first step is the same in every situation: you need to complete the necessary paperwork and file it with the court.
Here is an overview of the process for filing an uncontested divorce in Nevada:
1. Prepare the necessary paperwork – First, you need to complete all of the necessary paperwork to file for an uncontested divorce in Las Vegas. If you and your spouse have children together, you will need to complete additional forms. The forms you must complete depend on the county in which you are filing for divorce.
Here are some of the forms you may need to complete:
- Complaint for Divorce
- Summons
- Joint Preliminary Injunction
- Decree of Divorce
- Child Custody Affidavit
- Child Support Affidavit
- Financial Disclosure Form
- Property or Debt Notice
It is important to complete these forms correctly and accurately. If you make a mistake on your paperwork, the court may reject your filing. You may also need to pay a fee to file the necessary paperwork.
2. Serve your spouse with divorce papers – After you have completed the necessary paperwork, you must serve your spouse with the divorce papers. You can hire a process server to do this for you or ask a friend, neighbor, or relative to serve the papers. You cannot serve your spouse with the papers yourself.
After serving the papers, the server must complete an affidavit of service and return it to you. You will need to file this affidavit with the court.
3. Complete the required parenting classes – Nevada law requires that all parents of minor children complete a parenting class before they can finalize their divorce. The class is designed to help parents understand how the divorce will impact their children and learn how to co-parent effectively.
You and your spouse must complete the class separately. You will receive a certificate of completion after finishing the class. You will need to file this certificate with the court.
4. File a settlement agreement – You and your spouse must agree on all issues related to the divorce before you can file for an uncontested divorce. These issues include child custody, child support, property division, and alimony. You must also agree on the grounds for divorce.
If you and your spouse have children together, you will need to create a parenting plan. This plan should include a detailed outline of how you will raise your children after the divorce. You will need to submit this plan to the court.
Additionally, you and your spouse must agree on how to divide your property and debts. You will need to submit a property settlement agreement to the court.
5. Attend the final hearing – After you have filed the necessary paperwork, you will need to attend a final hearing. The judge will ask you and your spouse questions about the settlement agreement and parenting plan. If the judge is satisfied with the agreement, he or she will sign the decree of divorce.
What Are the Benefits of an Uncontested Divorce?
There are many benefits of filing for an uncontested divorce in Nevada. For starters, uncontested divorces are typically more affordable. When you and your spouse agree on all matters related to the divorce, you do not have to spend money on attorneys to argue on your behalf in court. This can save you thousands of dollars in legal fees.
Uncontested divorces are also faster than contested divorces. When you file an uncontested divorce, you do not have to wait for a judge to make decisions on your behalf. Instead, you can finalize the divorce as soon as the court approves the settlement agreement. This can save you months of waiting.
Uncontested divorces are also less stressful than contested divorces. When you file an uncontested divorce, you and your spouse are in control of the outcome. You do not have to worry about a judge making decisions that you are unhappy with. This can make the divorce process much less stressful.
Why Gary Huntsman Law?
If you and your spouse are considering filing for divorce, you should speak to an experienced Las Vegas uncontested divorce lawyer. An attorney can help you determine if you qualify for an uncontested divorce and guide you through the process.
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