Uncontested Divorce in Nevada

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A divorce is essentially a cumbersome process. There are several requirements that need to be fulfilled. Several forms must also be completed. In order to reduce the burden and stress of a court procedure, it is advisable that the divorcing couple reaches an agreement regarding the major aspects of the separation and then file for a mutual dissolution. It is surprising to note that around 95% of the cases in the US are fought in a mutual way. Nevada, located in the western and south-western regions of the US, has laid down laws pertaining to such type of procedure. Separating partners who want to avoid the chaos and confusion of courtroom proceedings choose uncontested divorce in Nevada and part ways amicably.

In this state, the divorcing partner who does the filing is named as the Plaintiff. The divorcing partner who provides a response is known as the Defendant. The District Court in the county is the venue of filing the action. Some key points about an undisputed dissolution in this state are elaborated here:

Residency requirements for Uncontested Divorce in Nevada

To file for a divorce in any state in the US, you have to meet some residency criteria. In this state the mandatory requirement is that one of the divorcing partners should have been a resident of this state for minimum 6 weeks prior to the filing of the action. Such an action may be filed in one of the following 4 counties:

• County in which either divorcing partner is a resident
• County wherein the divorcing partners last resided together
• County in which the cause of the legal separation took place
• County wherein the Plaintiff resided for 6 weeks before the filing was done

Grounds for Uncontested Divorce in Nevada

In this state, couples can go for no-fault marital termination on the basis of the following grounds:

• Incompatibility, or
• Residing apart and separate in the absence of cohabitation for a period of 1 year

The General ground is insanity that has continued for minimum two years prior to the date of filing.

An Uncontested action in a Summary Divorce

In this state, there are two ways of procuring a summary dissolution. In one of the routes, the divorcing partners file a joint petition under oath. Along with this document, a witness furnishes an Affidavit of Corroboration of Residency. Further, the following conditions must be fulfilled to obtain a court order of termination of marriage:

• One or both divorcing partners should have been residing in this state for a period of minimum 6 weeks.
• There must be incompatibility between the divorcing partners and they should have resided apart and separate in the absence of cohabitation for minimum 1 year.
• The divorcing couple should not have any children and the wife should not be pregnant. If these 2 conditions are not satisfied, then the divorcing couple should have negotiated an agreement regarding the support and custody of their children.
• There must be no community property belonging to the divorcing couple. If there is, the couple need to create an agreement about the division of liabilities and distribution of assets. In addition to this, the divorcing couple should have signed any titles, deeds or other proofs regarding transfer of property.
• Both the divorcing partners must have waived their right to spousal support. Alternatively, they must have created an agreement that specifies the amount of such support.
• Both the divorcing couples must have waived the following rights:
  • The right to a new trial
  • The right to request conclusions of law and findings of fact at a case hearing
  • The right to appeal in the court
  • The right of notice of entry of the final Decree of Divorce
• Both the divorcing partners must desire that the court should enter the final decision.

This state also provides a summary resolution through an affidavit. For this, the couple needs to attach the marital settlement agreement to the affidavit at the time of filing it.

An uncontested divorce provides couples the freedom to take decisions regarding their future, according to their convenience. It is not mandatory that spouses have to take their decision on their own. They are allowed to take the help of attorneys, in case they are not able to resolve any issue. However, when there are complicated issues related to matters such as property or child support, this type of dissolution is often not preferred. So spouses who are thinking of an uncontested divorce in the state of Nevada should consider all these factors before filing the case papers.

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