Family

How to File an Uncontested Divorce

How to File an Uncontested Divorce

Most who have been through it tend to agree; divorce tends to be ugly.

The “ugly divorce” concept has become something of a cliché, but there are few who would deny its relevance in the current day. Most divorces fit that cliché because they involve a lot of fighting, a lot of recrimination, and a whole lot of bad language. However, did you know that it is possible to avoid most of that, and to actually have a relatively pleasant experience in a divorce proceeding?

That does not mean the uncontested divorce process is perfect. Two people who once loved one another enough to promise to stay partners forever are admitting failure and splitting up forever, so it’s unrealistic to expect peace and harmony in a divorce. However, in most cases, the two divorcing spouses are adults and have the ability to agree on most of the issues involved in their divorce, so it is possible to avid most of the acrimony and enter into an agreement that settles most of the issues in a divorce.

The purpose of this article will be to explain the ins and outs of uncontested divorce, so that you can possibly experience the softer and sweeter side of divorce, for once.

Uncontested Divorce in Nevada

The solution for most of the ugliness that seems inherent in any divorce proceeding is an uncontested divorce. With an uncontested divorce, the two parties come to an agreement on the most contentious issues in any divorce. If you and your spouse can be reasonable adults for a moment and negotiate an agreement on all of the issues that are settled in a divorce, you can eliminate most  of the nasty aspects of divorce.

An uncontested divorce is one in which both spouses file the legal documents together and agree on all of the important issues. That means fewer issues for the judge to deal with, which can save a lot of time, but it also brings a greater feeling of harmony to the divorce process, since both spouses have chosen to be adults about the process and not fight over every little thing.

One of the main reasons most divorce is so “ugly” is because both spouses become “right fighters” and they turn everything that doesn’t go their way as “personal.” If you start the process by agreeing on almost everything, the overall tone will be set to provide more peace and less tension.

The Easiest Divorces Come with Preparation

It can’t be said enough; whether you hire an experience divorce attorney or not for your uncontested divorce, the greatest gift you can give yourself is the gift of thorough preparation. The first thing you should do, even before you start negotiating between yourselves, is to know how the process works. Know where the court is, where the clerks office is in that court and contact that court to find out which paperwork the judge will need to issue your divorce ahead of time.

After you have everything you need (again, contact the clerk in the appropriate courthouse for a check list, to make sure you have it all), take all of the paperwork to the appropriate clerk’s office and tell them what you have. At that point, the clerk will ask for appropriate filing fees.

These vary from courthouse to courthouse, so it’ll be a good idea to get that information when you call or visit to find out which paperwork you have to file. If you are unable to pay the fees, ask the clerk for a fee waiver form. That form will require that you supply the judge with your financial information, which the judge will use to decide whether you meet the requirements for a waiver. If he agrees, you will pay no fees.

Following that, the court clerk will give your paperwork to the judge. If you have done everything right, you can expect a final divorce decree within a few weeks, which you will then file with the court clerk. Under Nevada law, the official date of your divorce is the date you file the final decree with the clerk.

Just remember that no one at the court, including the judge, can give you legal advice. The advantage of filing an uncontested divorce is to limit the number of times you have to go to court, as long as you do everything right. If you try to rush things, you are more likely to miss something and/or make mistakes. If you do that, you could delay your divorce, or it could cost you in both time and money. Don’t hesitate to consult with an experienced and knowledgeable divorce attorney if you get a little stuck. It may only take a few bucks to get back on track to finishing your divorce quickly.

So, How Do We Start with an Uncontested Divorce in Nevada?

In order to start any kind of divorce, you have to know where you have to file. In Nevada, the District Courts, which are the state’s trial courts, are the courts deemed responsible for divorces and other family law cases. You are responsible for filing in the right court, but it is easy to find the court closest to you by going here.

Even before you file your case in court, you and your spouse will have to work through the issues the court usually sorts through and make sure you agree on the details. The forms you will need vary from court to court, but you can easily find most of them online, as well as at the appropriate courthouse itself. In a pinch, the Legal Aid Center of Southern Nevada can supply you with whatever you need, and you can also call the Self-Help department off the Nevada judiciary.

What You Must File for an Uncontested Divorce in Nevada

In most cases, you will probably have to do is to obtain, prepare, and sign under oath and with a notary public, in in order to file a joint petition for an uncontested divorce. In the joint petition, you will have to declare that both of you have resided in Nevada for at least six weeks and you will have to cite the grounds for divorce, whether you’re incompatible or you have been living apart and separated for a year or more.

With any joint petition for divorce, you must also include all of the following information:

  • The date and location of the marriage.
  • The mailing addresses of both spouses.
  • Whether the spouses have children, or one spouse is pregnant.
  • Whether the wife chooses to take back her maiden name.

You must also fill out an “affidavit of corroboration of residency,” which is a sworn statement to verify your residency in Nevada for at least six weeks. If filing an uncontested divorce, it will also be necessary to attach a “marital settlement agreement,” which is the written agreement resolving issues like alimony and child support, custody and visitation, dividing assets and debts, and showing a settlement of all issues that are usually involved in the issuance of a divorce decree.

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