Whether it’s contested or uncontested, a party does not need to show fault to obtain a Las Vegas divorce. Instead, you need to only show that the marriage has broken down to the point where the object of the marriage has been destroyed, and there remains no reasonable likelihood that it can be saved. For the most part, it only takes one party to want a divorce.
A person must be a resident of las Vegas for at least 180 days before the date of filing for the divorce. You or your spouse must also reside in the county where the divorce is filed for at least 10 days.
In certain situations, such as when one of the spouses is a citizen of another country and the parties have minor children, the 10-day requirement can be waived.
The divorce process is initiated by filing a complaint in the county Circuit Court and serving the complaint and a civil summons on the other spouse.
A divorce can be finalized as quickly as 60 days from the time of filing. However, if the marriage involves minor children, at least six months must pass before the divorce is final.
While the divorce action is pending, a spouse may be able to file for temporary spousal support as well as equitable distribution of marital property, child custody, child support and child visitation rights.
Las Vegas Uncontested Divorces
There are two types of uncontested divorces: Default divorces and consent divorces.
A default divorce occurs when the other spouse fails to file an answer to the divorce complaint. If that happens, the spouse waives his or her right to file responsive pleadings unless the court sets aside the default order, and the filing spouse is relieved of the need to reach a settlement. After a default is entered, the filing spouse can then file a motion asking the judge to enter a default judgment under the terms they desire. It is important to contact our office as soon as you are served with papers.
Also, if the other spouse is a member of the military, the spouse may be able to postpone the divorce action through the protections provided by the Service members Civil Relief Act.
A consent divorce occurs when the parties agree to the terms of the divorce and reach a settlement agreement that resolves issues such as spousal support, child custody, child support and division of the marital assets and debts.
A consent divorce is often the result of settlement negotiations. These negotiations can be informal or handled through the more formal process of mediation.
Contact Miley Law Firm for more info.