In the State of Nevada, a couple can secure a divorce in approximately three to six weeks. Currently, there are twenty family law departments in Clark County, Nevada. Once a case has been e-filed, a particular department and case number is randomly assigned to that case. If all the requisite documentation has been prepared and executed in a diligent manner, most joint petitions for summary decree of divorce are finalized within a three to six week time period.
The Nevada Revised Statutes mandate that at least one of the parties have been a resident of Nevada for six weeks prior to filing the Petition. The residency provision satisfies the jurisdictional requirement for filing for a divorce in Nevada. Typically, an uncontested divorce is feasible where the husband and wife are in complete agreement as to the division of any community assets and debts, as well as custody provisions involving any minor children from the marriage. Both parties provide notarized signatures for all of the documentation and as such, an uncontested divorce is often referred to as a “two-signature divorce."
Notably, if there are any children from the marriage, the couple also has to be in agreement as to who will have custody of the children. “Legal" custody encompasses decisions concerning the healthcare; education; child care aspects involving the minors. Typically, most couples agree to joint legal custody of their children so that both the mother and father have a part in major decisions involving their children.
Physical custody is defined as having the children “physically" over a period of time. Primary physical custody is where one parent has the children for the majority of the time during the week. Joint physical custody is a result of each parent having the children for three and one-half days during the week. Holiday visitation and child support provisions must also be addressed and agreed upon by the couple prior to proceeding with an uncontested / joint petition for summary decree of divorce.
Other issues which may be covered in a joint petition for divorce include pension division; allocation of business earnings/assets; alimony or spousal support; and any other provisions that a couple is in agreement upon. Because of the agreeable nature of the uncontested divorce / joint petitions, the court is not required to adjudicate matters and consequently, most are finalized without the need for a hearing or court appearance by either party. The non-contentious nature of the uncontested divorce / joint petitions means a savings in both attorney fees, time and emotional turmoil for the divorcing couple. For further information, please do not hesitate to contact Alikhan Law Office, LLC, for a consultation at 702-374-6619.