Joint Petition For Divorce in Nevada
What is a Joint Petition
Not all marriages that end, do so in an unpleasant manner. Sometimes, a divorcing couple are able sit down and work out mutually acceptable terms on important issues such as child custody, child support, division of property and debt, and spousal support. This type of divorce does not rely on a judge to make a final decision and is referred to as a joint petition, uncontested divorce or mediated divorce.
In uncontested divorce situations, couples will have a lawyer draft a stipulated divorce decree with all the terms of the divorce. The lawyer will then file the decree with the court and the divorce is granted with the decree being the document of record. In a mediated divorce the lawyer may need to help the couple work out a few terms before drafting and filing a divorce decree. With a joint petition a fill-in-the-blank form is completed and filed with the Family Law Court.
Conditions for Filing a Joint Petition for Divorce in Las Vegas
In order to be eligible to file a joint petition for divorce in Las Vegas, the following conditions must be met:
- At least one spouse must have resided in Clark County for a minimum of six weeks prior to filing.
- You and your spouse must be incompatible, meaning you can no longer live together as a married couple.
- You and your spouse must agree to all the relevant issues that will be listed in the final divorce decree.
- You and your spouse must be willing to sign the final divorce decree.
How to File a Joint Petition for Divorce in Las Vegas
Filing a joint petition for divorce in Las Vegas is a relatively simple process. The recommended way is to contact a licensed Nevada Divorce Attorney who can prepare the necessary Joint Petition Documents and submit them along with the required filing fee to the Clark County Family Court. The documentation will differ depending on whether or not a couple has minor children together. Using the services of a divorce lawyer can help avoid mistakes that can lead to delays or even jeopardize the legal rights of one or both spouses.
Benefits of Filing a Joint Petition for Divorce
The advantages of filing a joint petition for divorce in Las Vegas include:
- Expediency — If all is in order, a divorce decree is typically issued within 30 days, enabling both spouses to quickly move on with their new lives.
- Cost — Filing a joint petition for divorce significantly reduces costs such as legal fees and missing work to attend numerous court proceedings.
- Civility — The non-contentious nature of the joint filing process often results in a more cordial relationship between spouses after the divorce. This is an especially important consideration if children are involved.
Disadvantages of a Joint Petition Compared to an Uncontested Divorce
In some cases a joint petition is not the best tool for the job. A joint petition lacks the ability to be customized. The form filed with the Clark County Family Court is inflexible. If a divorcing couple have major assets or debts to divide or if they have a particular child custody schedule, then having a family law lawyer draft a divorce decree is the better route to take.