Joint Petition

A divorce is uncontested when both parties agree on all issues.  The main issues to agree on are the dividing of debts, dividing of community property assets, alimony (aka spousal support), child custody, and child support.  

They are the same. A Joint Petition is the specific Nevada forms used by couples who agree to all the terms of a divorce.  A Joint Petition is considered an “Uncontested Divorce.”  

There are a number of benefits.  The cost of an uncontested divorce is less than the cost of a contested divorce.  You are in control of an uncontested divorce, where in a contested divorce a judge makes the final decisions.  With an uncontested divorce you can create a custody and visitation plan that works for you, and you can divide the assets the way you choose instead of gambling on a judge's final decision.    

You can both use the same lawyer for an uncontested divorce, but it is not typically recommended.  The problem with a single divorce lawyer is what happens when one of you needs legal advice.  The same lawyer cannot give advice to you and also represent your spouse's interests.  This is called a conflict of interest.   Some uncontested divorces are straight forward, and a single attorney isn't forced to provide conflicting legal advice.  The best route is to hire your lawyer to draft the Joint Petition documents and provide you legal advice.  If your spouse has a question they can have a second lawyer provide them legal advice.

Most times the process to get the divorce documents drafted takes about a week, or less.  After which both spouses review, and sign in front of a notary.   Then the documents must be sent to a judge for approval.  This can take a week, or it may take a month.  It all depends on how busy the judge's calendar is.  

Generally speaking an uncontested divorce is much quicker.   A contested divorce minimally takes four months and could take a year or more.  An uncontested divorce can be a quick as three weeks, and would rarely take longer than six weeks.

There are five general areas which need to be resolved in a divorce:
1. Child custody
2. Child support
3. Division of debt
4. Division of property
5. Spousal support.
All of these areas need to be agreed upon to file a Joint Petition.  You cannot file if you and your spouse agree on how to divide the debts, but not on how to divide the property.   Joint Petitions are an all or nothing type of divorce.  Your either agree to all the terms or you can't file a Joint Petition.

Yes, they are.  The average uncontested divorce is $2,000 dollars total.  The average contested divorce is around $4,000 per spouse.   That is an average savings of more than $6,000.  The other economic advantage is the reduced likelihood of returning to court.   At least a third of contested divorces go back to court.  Why?  Because in a contested divorce there is a greater chance one spouse disagrees with the judge’s decision.  Especially when it comes to child custody.  The disgruntled spouse may wait six months or a year and then re-file to ask the judge to change their decision.

The first step is to review a Joint Petition worksheet with your spouse.  Then schedule a meeting with a divorce attorney to review what you and your spouse agree on.  Sometimes the divorce lawyer may need to add or edit some of the terms to fit legal requirements.  After the final documents are completed both spouses will review and sign in front of a notary.   The final documents are sent to a judge for review and approval.  The judge can approve and file the decree of divorce or the judge may have a few questions. If the judge has questions he/she will call a hearing to clarify the questions, or send a memo to the lawyer to answer. After the divorce documents are approved the judge will sign the final decree of divorce and the divorce is final.