What Is An Uncontested Divorce?
Our Las Vegas Divorce Attorneys Explain the Pros & Cons
An uncontested divorce occurs when both parties are in agreement about
their divorce and are able to work out each aspect, from property division
to custody, through negotiation. Uncontested divorce is characterized
by a lack of litigation and is usually a more affordable, less time-consuming
option for those seeking divorce. If both spouses agree to end their marriage,
and are able to reach an agreement regarding the final divorce settlement,
they are ideal candidates for an uncontested divorce.
Factors Negotiated in Uncontested Divorce
- Child support
- Child custody
- Division of assets
- Financial concerns
- Spousal support
Do I need a lawyer for an uncontested divorce?
In an uncontested divorce, attorneys are not necessarily needed, but they
can make the process a lot easier. A lawyer can help draft paperwork and
provide legal advice so that you can be sure you are protected. An uncontested
divorce may sound similar to kitchen table mediation, but the role of
the attorney is different.
In kitchen-table mediation, both spouses work with one neutral mediator
who gives no legal advice. In an uncontested divorce, an attorney only
works with one spouse and gives them legal advice and representation.
The other spouse is allowed to have an attorney, as well, but it is not
needed. One lawyer does not work with both spouses in uncontested divorces
due to ethical issues. If you and your spouse are seeking an uncontested
divorce, contact a Las Vegas divorce lawyer at the
Gordon Law Offices to discuss your case.
Preparing the Joint Petition for Divorce in Nevada
The couple will need to create a list of all assets and debts that are
to be divided by the court. If children are involved, the spouses must
submit child custody and child support agreements, along with a
joint petition for divorce. An attorney can work with one spouse to draft the necessary documents
and fill out forms that are needed for the divorce process. If minor issues
arise, the spouse's lawyer is able discuss what the best options are
for resolving those problems.
With a joint petition for divorce, the spouses' terms of agreements
must be included. The decree of divorce that the court enters will have
the same agreements as what is stated in the joint petition. Due to the
simplicity of an uncontested divorce, they are usually finalized within
a month. It is rare that spouses have to go to court for an uncontested
divorce, but occasionally, a judge will ask for a "prove up"
hearing. This is when the judge reiterates the terms of the agreement
and makes sure everyone agrees on what is written in the joint petition.
Learn the Difference an Experienced Attorney Can Make
While uncontested divorces can often be completed without a lawyer's
help, an attorney can prove invaluable. If paperwork is incomplete or
filed incorrectly, the divorce process can be delayed, and you and your
spouse might have to go to court to fix the errors. Our team at the Gordon
Law Offices can help you expedite the process and make sure everything
goes smoothly. We can help you develop terms that both spouses agree on,
and file the appropriate paperwork on time. If children are involved,
we can provide counsel to help you to determine the proper amount of child
custody and child support.
Request a Free Consultation at the Gordon Law Offices
With over 60 years of combined family law experience, our team of dedicated
and reliable Las Vegas divorce attorneys is able to help those facing
both contested and uncontested divorces. Nothing is more important to
us than our clients’ interests. We are here to ensure that the process
is as quick and painless as possible, while looking out for your best
future and the best methods of resolution.
For more information, or to protect your future by retaining a lawyer from
our team, call the Gordon Law Offices
at (702) 529-1947 for a free consultation.