Uncontested Divorce & Filing A Joint Petition

If both parties are cooperating in the dissolution of the marriage then filing a joint petition is an alternative to filing a joint petition. A joint petition is a relatively simple legal document that contains the terms of the divorce that have been agreed to by both parties. Most joint petitions will include a marital settlement agreement attached as an exhibit.

A joint petition will need to the following items;

• Description of marital debts each party will be responsible to pay
• Description of the assets & personal property that each spouse will take from the marriage
• Determination of whether the spouses will have joint legal custody or primary legal custody of any children
• Determination of whether spouses will have joint primary physical custody of any children
• A children visitation schedule
• Determination if any spouse will pay child support and a monthly amount. The amount should be consistent with Nevada's child support formula
• Determination if any spouse will be responsible for monthly spousal support
• Statement determining whether the wife is retaining her maiden or married name

A joint petition and other paperwork can be prepared by an attorney and submitted to the court. After which the court may require a "prove-up" hearing. At the hearing the court will review the joint petition and the attached marital settlement agreement and confirm that both parties understand and agree to all the terms included. If the court finds everything in the joint petition is fair and voluntary then the judge will approve and sign the divorce decree.

The joint petition will also need to include the following information;

• The date and location where the marriage took place
• Birth-dates, and addresses of both spouses
• The date the parties separated
• Names and birth-dates of any children born of the marriage
• Whether the wife will retain her married name or her maiden name

Call our office if you have questions or need to speak to a divorce and family law attorney. Call (702) 914-0400.