The answer to this question depends on a number of factors, including whether you and your spouse have minor children together and whether you have agreed to all of the terms of your divorce. If you and your spouse are in agreement on all of the issues in your divorce, then it is possible to finalize your divorce in as little as 30 days. However, if you have minor children together or if you cannot agree on all of the terms of your divorce, then it will take longer to finalize your divorce.
What Is an Uncontested Divorce?
When the parties can agree on the matters that will comprise the conditions of judgment of divorce, the divorce is considered uncontested. These consist of:
- Child Custody
- Child support
- Division of marital property
It does not imply that neither spouse has an attorney. Both parties must have experienced attorneys before agreeing to divorce conditions.
When dividing spousal pensions, speaking with other professionals, like a financial advisor, is advisable before signing any agreements. Before submitting the paperwork for an uncontested divorce, the person seeking the divorce must ensure their spouse isn’t hiding any assets from them.
When both parties are ready to concentrate on filing the necessary paperwork and agree that getting a divorce is their best option, then going through with an uncontested divorce is a wise decision.
How Uncontested Divorce Works?
It is simplest and easiest to obtain a divorce through an uncontested divorce. You might not know going into divorce proceedings whether yours will be uncontested, though, as it can be difficult to anticipate when a divorce will settle or one side won’t respond.
Uncontested Divorce Requirements
For an uncontested divorce, there are two options.
In the first, the couple agrees upon all divorce-related matters, including division of joint debt, custody and visitation of children, spousal support (also referred to as alimony), and marital property. Their agreements are included in a settlement, agreement, or stipulation that the couple files with the court.
The second scenario is when one spouse files a divorce and makes particular requests (such as child custody or home ownership), and the other spouse does not show up in court or respond to any divorce papers. Then, in their absence, the case moves forward, and the court decides without consulting the second spouse over whether the filing spouse has rights to the requested relief.
What is the Difference Between an Uncontested and a Contested Divorce?
The parties’ disagreement over the terms of their divorce is known as a contested divorce. Stated differently, they may disagree with the proposed divorce conditions or may be entirely against the divorce process. Lawyers, a judge, witness testimony, and a trial who will decide who gets what and who doesn’t are usually involved in a contested divorce.
In an uncontested divorce, sometimes referred to as a mutual divorce, both parties consent to the dissolution of their marriage and all of the terms of the divorce. In most cases, an uncontested divorce eliminates the requirement for a trial and the involvement of a judge.
What Could Cause the Uncontested Divorce Process to Be Delayed?
It doesn’t guarantee that an uncontested divorce will occur quickly or amicably just because the couple decided to move forward with it. Couples who say they’ve “agreed on everything” often have very little in common! That prolongs the divorce process significantly, resulting in court cases, litigation, and extra legal fees.
An uncontested divorce might take a while if documents are submitted improperly or late. Here’s where a knowledgeable family law attorney can be useful.
The court’s calendar, the cooperation of both spouses and the county in which you file may also impact the timeline. Other potential conflict points include property, retirement, investments, or other valuable assets.
Possibly the most crucial aspect to consider is the presence of children. Having children may cause the divorce process to be emotionally draining and significantly lengthy.
What Factors Affect the Length of an Uncontested Divorce?
As previously stated, the nature of the divorce may impact the length of an uncontested divorce. A couple can begin mediation before or after a divorce is filed, and alternative dispute resolution techniques, including prior mediation, can help expedite the divorce proceedings. In this case, the period under discussion runs from the beginning of the divorce action until the judge signs the divorce judgment.
There is a significant backlog of cases in the Las Vegas courts, and there needs to be more judges to handle each case. Before the case can move forward after you file for divorce, the court has to review each document you provide to ensure everything is in order. Mistakes and corrections can cost money because you have to resubmit the documents. Making the process run more smoothly may depend on hiring a knowledgeable Las Vegas divorce lawyer to help with document preparation and filing.
January is known as “divorce month” since it is considered the most common month to file for divorce. The main causes of this are sentimental and financial ones. Some people file for divorce in January to prepare for the upcoming tax year, while others do so to start over in the new year. Divorce proceedings can be avoided during the holidays if they start in January, mainly if children are involved.
Whatever the situation, the moment you file is crucial because it may not go well if you file during a “popular” month. Before handling your case, the courts must handle a backlog of cases.
If the defendant resides in Nevada State, they are given 20 days to receive a copy of their divorce papers to reply to the case. The defendant might also be the spouse who filed for divorce. They will earn an additional ten days’ allowance if they don’t reside in Nevada. In a perfect world, the defendant in an uncontested divorce would reply as soon as they’re served. Alternatively, the defendant may do nothing and use all twenty or thirty days. Due to the defendant’s refusal to file an answer to the divorce action, this is a default divorce.
Preparing a Settlement Agreement is a crucial step in an uncontested divorce. The conditions of your divorce are outlined in the Settlement Agreement. Legal force will be applied to your agreement at the divorce’s finalization.
The Settlement Agreement may be filed once the divorce starts, but it can determine whether the divorce is uncontested or becomes contentious. When drafting a Settlement Agreement, you and your spouse should take the following factors into account:
- Debt and Asset Distribution: In Las Vegas, the approach to property distribution during a divorce is somewhat different. In Nevada, the courts follow the “community property” principle, which means that marital property is generally split equally between spouses. When working on a Settlement Agreement in Las Vegas, you and your spouse should still consider what’s fair and equitable for both parties. Consider each spouse’s earning capacity and financial resources when dividing assets. Additionally, your assets’ complexity can affect the time it takes to reach an agreement. Apprehending your legal obligations to your spouse ensures your property is valued and divided fairly under Nevada’s community property laws.
- Child Support and Child Custody: Divorce cases involving little children are inherently more complex than those that do not. Suppose you and your partner get along well. In that case, you can work out a parenting plan and visitation schedule to enable you to continue having positive relationships with your child(ren). That should cover how to pay for the child(ren) ‘s education, health insurance, and other expenses. The agreement can also specify if and to what extent you and your spouse will give each other child support. The child(ren) ‘s best interest and how to cause the least disturbance in their circumstances should be your most important thing, even as you and your spouse part ways.
- Spousal Support: Talking about paying alimony or spousal support may be wise if one spouse gets financially dependent on the other or makes significantly less money than the other. The court might order you to disclose financial disclosures to ensure you are honest about your financial circumstances.
A skilled Las Vegas family law attorney who can mediate the settlement will be helpful even if you and your partner can agree on most of the terms of your divorce and Settlement Agreement. A knowledgeable Las Vegas divorce lawyer from our law office at Donn W. Prokopius, Chtd, can also be hired to ensure that your rights are upheld when settling on the terms of the divorce case.
How to Qualify for an Uncontested Divorce in Nevada?
The first step in qualifying for an uncontested divorce in Nevada is to make sure that you and your spouse are on the same page. This means that you both must agree to all of the terms of the divorce, including who will get what property, how child custody and visitation will be handled, and how any debts will be paid off. Once you have reached an agreement on these matters, you can begin the process of filing for an uncontested divorce.
The next step is to file a complaint with the court. This document will outline your agreed-upon terms, as well as any other relevant information about your divorce. Once the complaint has been filed, your spouse will have 20 days to respond. If they do not respond within that time frame, you can proceed with your divorce without their input.
After the complaint has been filed and your spouse has had a chance to respond, you will need to attend a hearing in front of a judge. This hearing is typically brief and simply gives the judge a chance to make sure that both parties are in agreement with the terms of the divorce. Once the judge signs off on the divorce, it will be final.
The entire process of an uncontested divorce can take as little as four weeks, though it typically takes a bit longer than that. If you and your spouse are able to work together throughout the process, you can help ensure that it goes as smoothly as possible.
If you have any questions about how long an uncontested divorce takes in Nevada, or if you need help filing for divorce, please contact a qualified Nevada Divorce attorney.
Divorce Attorney in Nevada
Our attorneys at Donn W. Prokopius, Chtd. have been handling family law matters in Las Vegas for years. Our knowledgeable and experienced attorneys have a deep understanding of Nevada’s divorce laws, and we know how to navigate the state’s court system. We will work with you to help you understand all of your legal options, and we will fight for the best possible outcome in your case.
Call us today at (702) 474-0500 to schedule a consultation with one of our Las Vegas Nevada divorce attorneys. We represent clients throughout Clark County, including in North Las Vegas, Henderson, Boulder City, Laughlin, Mesquite, and Pahrump.