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Refresher COurse: Contested v. uncontested - 2400 N. Tenaya
Contested Divorce
- In contested petitions, the parties do not agree on all issues and their disputes must be resolved in mediation or by the court through an evidentiary hearing.
- For example, if you and your spouse can not agree on who gets custody on Sundays, then the court will make the final determination.
- Contested divorce matters may take a very long time before they reach final resolution since parties often disagree on every single issue.
Uncontested Divorces
- We focus on uncontested joint divorce petitions, the conditions for which are expressly provided for under Nevada Revised Statute 125.181.
- Pursuant to NRS 125.181, both parties may jointly petition the court for a summary decree of divorce and waive their request for a findings of fact upon meeting a set of stated conditions.
Stated Conditions
- Both parties must agree on all the terms of the decree, including those relating to child support and custody, property division and spousal support.
- Because both parties agree on all essential terms, there is no dispute to resolve and no hearing is necessary.
- The process is much faster and quicker in an uncontested joint divorce petition. Both parties are willing to sign the decree and forego a hearing. Some divorces may even be granted within the same day as filing.
- Aside from the six week residency requirement, there is no waiting period in Nevada and no mandatory court processing time.
- When children are involved, a co-parenting seminar is an additional requirement.
More things to consider
Child Custody
Child Custody
Child Custody
Terms concerning child custody are among the most frequently scrutinized by judges. Parties should take heed that an unfair, although well intentioned, custodial arrangement, may be cause for questions from the court. The court has the duty to determine if the custodial arrangement is within the best interest of the minor child, irrespective of the parties' mutual agreement. NRS 125C.0035. For example, a judge may question whether it is in the best interest of the minor children to be separated from their sibling if the parents decide to simply split the two children.
Child Support
Child Custody
Child Custody
Child support is another area that is also heavily scrutinized. But if an otherwise unbalanced arrangement can still suit the child's best interest, the court will generally not make it an issue. Generally, child support obligations are determined by a strict formula set out in NAC 425.140. However, parties are allowed to deviate from this formula in some circumstances. When there is a deviation, a decree must explicitly demonstrate all conditions are satisfied. A decree missing such terms may be sent back for revision, causing further delay.
Spousal Support
Property Division
Property Division
The courts will generally accept the parties' agreement on this issue so long as no one is left a public charge as a result. For example, if the denial of spousal support would result in one spouse being eligible for government benefits, the court may bring the parties in for questioning. That's why it's important to draft the decree to avoid raising any issues.
Property Division
Property Division
Property Division
The courts are also generally accepting of the parties' agreements here as well so long as they're not too one sided. If they happen to be, a simple explanation in the decree may be helpful and move the divorce along. For example, a one sided provision may be offset by another provision elsewhere in the decree. In some rare instances where the terms are highly suspicious because they are so one sided the court may bring the parties in for questioning. This rarely occurs because most joint petition filers have limited assets.