An uncontested divorce also called a joint petition or joint divorce, means that both you and your spouse agree to all terms. If you and your spouse agree to the terms of your divorce you file a few documents with the court and the divorce is final.

Get started by completing our Uncontested Divorce Worksheet with your spouse. If you both agree to the terms on the worksheet, Right Lawyers will draft the documents, file them with the court, and finalize your divorce. No court hearings are needed. It takes us about four days to draft the documents. It takes the court about three weeks to finalize the divorce.

Divorce terms are decided in two ways. In a contested divorce, the spouses disagree about some aspect of the divorce, such as child custody or how to divide an asset. In a contested divorce a judge makes a final decision after hearing each side’s argument. In an uncontested divorce, both spouses agree on all terms, either at first or after some negotiation.

Uncontested divorces are simpler, shorter, and less expensive, so it does benefit you to pursue this option first. To find out what you and your spouse agree on, review our Uncontested Divorce Worksheet.

In order to file an uncontested divorce, you and your spouse must reach an agreement about all matters. Most arrangements between spouses require an agreement on five main categories:

1. Child Custody: If you or your spouse has children, you both must agree to terms of custody. That will determine who is responsible for taking care of the children and who is allowed to make decisions on their behalf.
2. Child Support: In addition to deciding custody of the children, you and your spouse must agree on whether either parent will pay child support.
3. Community Property: You and your spouse need to agree about how to split your community property. Generally speaking, community property is assets acquired during the marriage.
4. Community Debts: You and your spouse must agree on who will be responsible for any debts you acquired during the marriage. Debts such as mortgages, credit cards, and personal loans need to be discussed.
5. Spousal Support: Also known as alimony, spousal support is a payment to a spouse after a divorce is final. You and your spouse must agree on whether alimony will be paid, to whom, and how much.
6. If you and your spouse do not agree on all of these terms, you will not qualify for an uncontested divorce. In that case, you will file a contested divorce, and a judge will make the final decisions regarding any disputes.

If you and your spouse have children, an uncontested divorce’s terms must include an agreement on child custody and child support.

Child custody refers to the physical and legal care of the children. Who has the children on what days? Who is authorized to make arrangements on behalf of the children, such as education, medical, and travel decisions? In an uncontested divorce, you and your spouse must agree to the custody terms.

Child support refers to financial payments you or your spouse may have to make to each other to pay for the care of the child. There are many factors taken into consideration when determining if child support should be paid, and how much. As long as you and your spouse agree, the terms can be written into an uncontested divorce. This Child Support Calculator can help you calculate the level of support based on Nevada law.

By law, an uncontested divorce requires your spouse’s agreement and signature. If your spouse does not want a divorce, you will need to pursue other options such as a contested divorce or default divorce.

Before you give up on an uncontested divorce, consider hiring an attorney to help you negotiate terms. Right Lawyers offers a Simple Divorce package that includes several hours with a licensed divorce attorney who can help you pursue the agreement and signature.

If you and your spouse have tried everything and still cannot reach agreement on the divorce terms, an uncontested divorce is not an option. Instead, you will need to file a contested divorce and let a judge make the final decisions. In such a case, you do have the right to appeal the judge’s decision, something not possible in an uncontested divorce since you agreed to those decisions.

You may be able to get an uncontested divorce even if you are unsure of where your spouse is living. If you cannot locate your spouse, there are service providers – called skip tracers – that will find them. Once you have an address, you can attempt to send divorce papers and hope your spouse agrees, signs, and returns the papers.

If you know where your spouse lives, but do not communicate, a divorce attorney can serve as an intermediary. Your lawyer can negotiate terms on your behalf and seek the signature you need for the divorce.

If you cannot get a signature from your spouse, there are other divorce options you can pursue. Schedule an appointment with one of our divorce attorneys.

Be friendly, be polite, and be sympathetic to the situation. Ask your spouse if they would be interested in an “uncontested” divorce. I stress the uncontested part because you want to relay that you want to an easy divorce.

Only three outcomes when discussing our uncontested worksheet with your spouse. No response. Fully agrees. Somewhat agrees. No response means you will need to file a contested divorce. Fully agrees means you can file an uncontested divorce (aka Simple Divorce). Somewhat agrees is a sign the divorce terms can be mediated.