Understanding Stipulated Divorce Laws In Nevada
Want to move forward with the divorce as soon as possible?
Two specific options are available to those filing for divorce – uncontested and contested divorce. With the uncontested divorce, both parties agree to the process and set up terms beforehand as a legally binding agreement (once approved). On the other hand, a contested divorce does the opposite and leaves everything to the judge.
To proceed with a contested divorce, you must file and serve the divorce papers to your spouse. If your spouse files a response through legal means within three weeks of being served the papers, the court proceedings will be scheduled, and the judge will decide.
In an uncontested divorce, the parties put a joint agreement before the judge. This is faster, simpler, and ideal when handling child support (NRS 125C.0675), legal custody, alimony, or splitting marital assets (NRS 125.150). This only moves forward when both parties agree on the features of the agreement and sign it.
Due to the nature of an uncontested divorce, it moves along briskly because there’s nothing to argue about. Both parties have already agreed upon the crucial details beforehand, which can save a lot of money in legal fees and reduce conflict.
What is a Stipulated Divorce?
Remember, it’s time to look at Nevada’s third type of divorce. It is called a stipulated divorce.
This type of divorce is invoked when one spouse refuses to sign a legal agreement to finalize the divorce. It is when a stipulated divorce has to be used by legal professionals. That can even happen if both spouses agree to an uncontested divorce, but one refuses to sign anything. The idea is to legally bind the other spouse into signing the papers and moving forward with the divorce.
That only happens when one spouse is willing to get a divorce, and the other isn’t. It can involve still loving the spouse or being content with the arrangements even if it makes the other person unhappy. There can also be religious reasons behind not wanting to finalize the divorce. Regardless, it often leads to not signing on the dotted line. Since no one can forcefully stop the divorce, nor can they forcefully make someone sign, it leaves the entire situation in limbo, with one party dragging things out.
For an uncontested divorce, both parties must sign the agreement. That is why it’s essential to understand what happens if one party refuses to do so.
If the spouse isn’t going to sign it, drawing up an uncontested divorce agreement doesn’t make sense, and it won’t work. The agreement has a deadline, which means a response is optional, and the spouse won’t sign it. On the other hand, a contested divorce forces the other person’s hand because they need to respond within three weeks legally, or they will get into legal trouble. It also means that the spouse who refuses to sign will not receive anything regarding the assets or anything else that would come up during a contested divorce.
To push things alone, our law firm will often add a settlement letter into the mix. That stipulates what the divorce terms are. It gives the spouse a chance to make a choice. Do they want to hire a legal professional and pay thousands in fees? Would they instead start going through the terms and save some money? It gives them a real option.
The settlement papers are an excellent way to drive home the point and make them take action. It allows us to set the standards and terms before pushing for a divorce. Yes, they can fight, but they can also decide to negotiate the terms once they are in front of them on paper.
The spouse will often settle and move forward with the divorce. Sometimes, everything is okay, and the spouse immediately approves the settlement. That will vary, but we will proceed with the stipulated divorce and get both spouses to sign. Once signed, we submit it to the court as required in Nevada.
In the end, a stipulated divorce’s sole purpose is to ensure both parties are on the same page and move towards a cost-efficient, smooth divorce. It allows both to work through the terms, sign the agreement, and have it filed in court promptly.
Legal Acceptance of a Stipulated Divorce
For a stipulated divorce agreement to go through, it has to be accepted by the court, and this means getting a judge to agree to the listed details and “bind” the agreement. Most stipulated divorce agreements pass through this phase based on legal precedents. However, the rules stipulate that an agreement is eligible for approval if it complies with Nevada’s established legal standards.
For the agreement to be viable, it must clearly and fairly divide relevant assets/debts. It also includes mentioning children and the associated expenses/decisions such as visitation, child support, or legal custody. After both parties agree on the stipulated agreement, it must be signed and filed.
There are also additional standards that apply for a divorce to go through.
* The agreement splits the property per Nevada law and treats both parties fairly.
* The agreement helps resolve all pertinent issues involving visitation, custody, and child support in line with Nevada law.
* Both parties agree to waive the legal right to alimony or create a separate alimony agreement beforehand.
* Both parties agree to waive the legal right to appeal or contest the decision later.
* Both parties accept the decision once it’s approved.
The reason for moving forward with a stipulated divorce can vary, but it comes down to simplicity. It streamlines the process and makes it less costly than a contested divorce. With a contested divorce, you can end up paying a large sum in legal fees, and those costs do add up. Plus, you will waste significant time (months) to resolve the situation. In comparison, in many cases, a stipulated divorce can take less than a month. Along with saving time, a stipulated divorce also helps save money.
Do you seek legal assistance with a stipulated divorce? Don’t hesitate to contact Donn W. Prokopius Chtd at (702) 474-0500 and hire our Las Vegas Divorce Attorney.
For more information on how https://dwp-law.com/ can help you with stipulated divorce, please contact us at (702) 474-0500, or visit us here:
Donn W. Prokopius, Chtd.
3407 W Charleston Blvd Las Vegas, NV 89102