Joint Petition for Divorce
Not every divorce has to involve conflict. Spouse can agree on the divorce and file an uncontested divorce. If both spouses agree to “all” the terms of the divorce they can file a document called a Joint Petition. The technical name for an uncontested divorce is a joint petition for divorce.
Spouses can draft and file the documents themselves, or they can use Right Lawyers to draft joint divorce documents, file them with the court, and obtain the judge’s final approval. An uncontested divorce is the quickest and least expensive way to get divorced because there are no court hearings.
Costs for an uncontested can be free (plus the court filling fee) if you do everything yourself. Right Lawyers offers a fixed fee of $1,100 to file your uncontested divorce. This flat fee covers the filing fee, court fee, and attorney fees. Get started using uncontested divorce page and schedule a call with one of our divorce attorneys.
Joint Divorce or Uncontested Divorce
In Nevada, Joint Petition, Joint Divorce, and Uncontested Divorce mean the same thing. Couples can file a form called a Joint Petition for an uncontested divorce. If you agree on every aspect of your divorce, including property division, debts, spousal support, child support, and child custody, you can then file a joint petition.
Qualifying for a Joint Petition
There are two main requirements for filing a joint petition. Both spouses must fully agree to “all” the issues to file a joint petition divorce. If you agree on some, and not “all” then you cannot file a joint petition for divorce. The second requirement is that at least one spouse must be a physical resident of Nevada and the children must live in Nevada.
How long does a Joint Petition take?
We like to give clients estimates of 2 to 3 weeks from the date they hire us. It takes about a week for us to draft all the appropriate documents. Some services may promise 24 hours, but they are typically using online template which is not reviewed by an attorney. We are not an online form service. Your documents will be drafted by a paralegal and reviewed by a licensed Nevada lawyer. After the forms are drafted and signed by both spouses it might take us another week to have the joint petition approved by a judge and to file the final divorce documents with the court. Here is a detailed explanation and diagram of the Uncontested Divorce Diagram.
What does a Joint Petition cost?
You can file a joint petition yourself for free. The only costs is the $300 filing fee. But you must know how to file the documents. The court cannot provide you legal advice. Right Lawyers offers three different packages for an uncontested divorce. The fees are based on whether you have children or not, and whether you need a little legal advice or help negotiating the terms of the divorce.
Uncontested – This package is used when there are only assets, debts and spousal support issues. The fixed fee is $1,100. This fee includes preparing all the documents, court fees, and filing fees. If you have children there is an additional fee of $500 because we must include a custody schedule and child support calculations.
Mediation Uncontested – This package includes attorney assistance in mediating the divorce. This package includes mediating the terms, preparing all the documents, court fees, and filing fees. The fee is $2,500.
Our services include, review or conversation with a divorce attorney, paralegal assistance, drafting of all required divorce documents, notarization of all documents, coordinating the judge’s signature, filing the documents with the court, and emailing you and your spouse a file stamped copy of your final divorce decree.
How to Start a Joint Petition
The best way to get started is to complete our Uncontested Divorce Workbook with your spouse. Reviewing the workbook with your spouse gives you an idea on what areas you and your spouse agree to. If you can agree to all of them, you can file uncontested documents. If you cannot agree, you will need to discuss other options with a divorce attorney. You may need to file a default divorce, a mediated divorce, or a contested divorce.
The worksheet was initially created to gather information from clients about the terms they have agreed on. We quickly realized it was also a useful document to discuss divorce terms with their spouse. By reviewing the document together, you can tell what they want, what they aren’t sure about, what they will agree to.
Speaking to Your Spouse About Divorce
Many clients knew their spouse would agree to the divorce, or felt their should sign the documents. But found it hard to bring up the subject.
Using the Uncontested Divorce Workbook will help. Reviewing the workbook with your spouse gives you an idea on what areas you and your spouse agree to. If you can agree to all of them, you can file uncontested documents. If you cannot agree, you will need to discuss other options with a divorce attorney. You may need to file a default divorce, a mediated divorce, or a contested divorce.
Picking an appropriate time to have the conversation is another good idea. Don’t discuss the workbook during an argument or after your spouse just had a bad day at work. Start off the conversation calmly. No blaming. Screaming at your spouse is not productive, and blame only makes the conversation worse. Be prepared for their reaction. Allow them time and room to absorb the idea. Here is an article on how to talk about divorce with your spouse.
The first conversation may not be the best time to discuss the details of the divorce. You can hammer out the details after you both have had some time to consider the topic. After you have broken the ice, you should to test the waters and see what terms your spouse is looking for in the divorce. We have found the best way to see what they want is to discuss a joint petition worksheet.
Joint Petition Information
The main step with the worksheet is to itemize all of your assets, and debts. This includes community assets and assets which are in your name only. We see situations where couples have been physically separated for some time, who think that they do not have to list their separate assets. You should list all of your important assets and debts on a joint petition.
A good joint petition will list all the husband’s assets and all the wife’s assets. By listing all property, even items owned before the marriage, neither spouse can file a future lawsuit claiming the decree left something out.
Your list of assets may include:
- House, and other real estate
- Vehicles, recreational vehicles, and boats
- Bank accounts
- Investment accounts
- Pension and retirement accounts
- Personal property (usually anything sentimental or worth of $500 or more)
After you both have listed all the property and debts, then you can decide who gets what or who is responsible for which debts. Don’t worry if you can’t completely agree. A divorce lawyer can mediate disputes.
Figuring Out Spousal Support, Child Support, and Custody
Spousal support and decisions involving children are often more heated or passionate discussions compared to dividing assets or debts. Nonetheless, you and your spouse must agree on these issues as well to file an uncontested divorce.
Child support can be calculated using our child support calculator. You must also decide on legal custody and physical custody of the children. You should also establish visitation schedules as part of the joint petition.
Spousal support (also known as alimony) will generally be awarded if one spouse cannot maintain the lifestyle they had before the divorce without additional funds from the other spouse. Spousal support can have a specified duration, such as years, or until spouse finishes school. We have a spousal support calculator.
How to Get Started
Are you looking to file a joint divorce or an uncontested divorce? Download our Uncontested Divorce Workbook and follow the instructions for a basic uncontested or mediated divorce. Or contact us at (702) 914-0400 or at info@rightlawyers.com. We can answer any questions you have about starting an uncontested divorce.
Call Right Lawyers