Filing a Joint Petition for Divorce
An uncontested divorce occurs when both husband and wife reach a mutual divorce agreement. After agreeing on the necessary issues, the couple may file a Join Petition with the court and be granted a divorce. A Join Petition is simply a group of documents explaining asking the court for a divorce and explaining the the disposition of all the main divorce issues. Most petitions are filed when there are no minor children in the marriage and there are no property or debt issues to resolve.
Main Issues That Must Be Resolved
- Monthly Child Support
- Child Custody & Visitation
- Health Insurance for Children
- Distribution of Property
- Distribution of Debt
- Spousal Support (if agreed by both parties)
- Decision on Marital Residence
No-Fault
Nevada is a no-fault divorce state. This means that neither the husband nor the wife need a reason for the divorce. Either spouse may simply claim that incompatibility exists. You may file for divorce for other reasons such as a separation for at least one year or mental illness, but it is not required.
Residency Requirement
A provision in Nevada law states that a court cannot dissolve a marriage unless one spouse has been a resident of Nevada for at least six weeks. An Affidavit of Residence Witness will need to be signed by a friend, co-worker, family member or neighbor. The affidavit will need to be notarized and requests for your witness to swear that you have lived in Nevada for at least six weeks. Couples with children should seek advice for a divorce attorney because the requirement may be six months instead of six weeks.
Filing Procedure
Either spouse can file the Joint Petition documents in the county district court where he or she resides or the he county where the couple last lived. The Joint Petition document should be drafted and filed by a divorce attorney. Some self-help documents are available online, but most lack the legal wording needed to prevent appeals or future legal issues.
Settlement Agreement
Often times a couple will reach an agreement after a Complaint for Divorce has already been filed and served upon the other spouse. In this situation the couple cannot file a Joint Petition and will need to proceed with an process referred to as a uncontested divorce. Basically, this requires the parties nd their attorney's, to file an agreed upon Divorce Decree and some additional paperwork to authorize the court to grant a dissolution of the marriage.
Default Divorce
If the other spouse cannot be located then you will need to file a standard Complaint for Divorce. If defendant fails to file an Answer to the Complaint then you may ask the court for a default and the court will issue a final judgment dissolving the marriage. While a court in Nevada may issue a default judgment, the other party retains the right for up to six months to have the default dismissed and for the case to be heard.
Call (702) 914-0400 to talk with Divorce Lawyers about filing a Joint Petition.
