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 the 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"
Division of assets
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. Uncontested divorce is agreeable mediation, but the role of the attorney is different.
In agreeable 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 Jerry Wright at 775-322-8678 to discuss your case.
Preparing a Joint Petition for Divorce in NV
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. Jerry 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.
The Difference Attorney Jerry Wright 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. Attorney Jerry Wright 775-322-8678 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 Consultation with Attorney Jerry Wright
With over 40 years of law experience, We will be able to help those facing both contested and uncontested divorces. Nothing is more important to us than You the 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.