Joint Petition Divorce
Does divorce mean disagreement? Not always. Sometimes a couple is able to reach an agreement regarding all of their marital and family issues. If a Nevada couple is able to reach an agreement about all the issues related to the dissolution of their marriage, they may be able to file a joint petition for divorce. A joint petition divorce is when a couple files for divorce together. To file a joint petition, the couple must agree on all issues including:
- The division of property and debt
- Child custody, visitation, and support (if there are minor children)
- Spousal support/alimony and duration
- Whether one or both spouses want to return to their former/maiden name
Both parties must sign the joint petition and decree to have the judge grant the joint petition for divorce.
Are you contemplating filing for divorce in Las Vegas? An experienced divorce lawyer can help you navigate the process during this difficult time. Contact Anthem Divorce Lawyers today for a consultation.
A divorce is a legal order ending a marriage. Just as all marriages are different, every divorce is different. A divorce has long term consequences. It is important that you understand your rights and responsibilities before entering into any legal proceeding. If you are contemplating divorce, contact Anthem Divorce Lawyers today for a consultation.
Types of Divorce
There are different types of divorce. Each divorce is unique. The parties and their resolved/unresolved issues determine the type of divorce. A divorcing couple files a joint petition for divorce together. A joint petition for divorce is different from a contested divorce.
A contested divorce occurs when a divorcing couple is not in agreement regarding some or all of their issues. If a couple cannot agree, they may go to trial to have a judge make a decision regarding their disputed issues. A contested divorce can be more expensive than a joint petition because of the time and resources involved in litigating the case.
Nevada Joint Petition Divorce
If a Las Vegas couple agrees to all of their issues they may file a joint petition for divorce. Nevada Revised Statute (NRS) 125.181 provides the conditions for a joint petition divorce.
NRS 125.181 states:
- A marriage may be dissolved by the summary procedure for divorce set forth in NRS 125.181 to 125.184, inclusive, when all of the following conditions exist at the time the proceeding is commenced.
What are the conditions and how do they apply to a divorce in Las Vegas? Below we discuss the conditions of NRS 125.181.
Can Anyone File a Joint Petition in Nevada?
No. To file a joint petition in Nevada, one or both spouses must meet certain residency requirements. NRS 125.181(1) first requires that either party meets the jurisdictional requirements of NRS 125.020:
- At least one of the spouses must live in Nevada for at least six weeks before filing the joint petition.
- The spouse must also intend to remain in Nevada indefinitely.
The court cannot simply take the parties’ word that one or both of the spouses are resident(s) of Nevada. At least one of the spouses must prove to the court that they have lived in Nevada for at least six weeks. A spouse can prove their residency through an Affidavit of Resident Witness. A friend, family member, or coworker typically provides this affidavit. In the affidavit, they verify that one of the spouses:
- Has lived in Nevada for at least six weeks before filing for divorce
- If you have questions about residency, contact an experienced divorce lawyer. Anthem Divorce Lawyers are an experienced team. Contact us today for a consultation.
Does a Couple Need a Reason to File a Joint Petition?
Nevada is a “no fault” state. No fault means that the person asking for a divorce does not have to prove that anybody did anything wrong to cause the divorce.
Per NRS 125.181(2), the spouses can file a joint petition if either one of the following are true:
- They have lived separate and apart for one year without cohabitation
- They are incompatible
Incompatible simply means the couple does not get along.
A couple must also want to get a divorce. NRS 125.181(7) also requires that:
- The parties desire that the court enter a decree of divorce.
Can a Couple File a Joint Petition if They Have Children?
Yes. A couple can file a joint petition if they have children. NRS 125.181(3) addresses children and how they may affect filing. A couple may file a joint petition if either of the following are true:
- There are no minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage and a wife, to her knowledge, is not pregnant.
- The parties have executed an agreement as to the custody of any children and setting forth the amount and manner of their support.
If the couple does have minor children they must execute an agreement regarding the following:
- Child custody
- Child support
Nevada bases child support calculations on a percentage of a parent’s gross monthly income. A free tool called the Nevada Child Support Guidelines Calculator is available to estimate child support obligations.
Anthem Divorce Lawyers can assist you if you have questions about child custody or child support in Nevada. A joint petition is a serious legal document that can have lasting consequences. It is important you understand your rights and responsibilities before filing.
Does a Joint Petition Affect Property?
Yes, a joint petition affects property. If a couple does not have community or joint property, they do not need to do anything with regards to their property.
Nevada is a community property state. This means that both parties equally share property and debt acquired during the marriage. Separate property may include property or debt owned by either party before the marriage.
Under NRS 125.181(4), if the couple has community property, the couple must execute an agreement setting forth the following:
- Division of community property
- The assumption of liabilities of the community (if any)
If the couple has executed a property agreement, the couple must also execute any of the following necessary to effectuate the agreement:
- Certificates of title
- Bills of sale
- Any other necessary evidence of transfer
The division of property can be complex. A knowledgeable divorce lawyer can advise you of your rights and responsibilities under Nevada law. If you have questions about community property in Nevada, contact Anthem Divorce Lawyers today for a consultation.
Can I Get Spousal Support (Alimony) with a Joint Petition?
Couples that file a joint petition must agree on issues of spousal support. Parties that do not want spousal support, waive their rights to spousal support.
If a spouse is going to provide spousal support, NRS 125.181(5) states that the parties must execute an agreement setting forth the following:
- The amount of spousal support
- The manner of spousal support
Waiver of Rights
A joint petition can be an efficient and inexpensive way to dissolve a marriage. The parties may not have to appear before a judge to have their marriage dissolved. A joint petition does not require the time involved in litigating a contested divorce.
But a joint petition is also a serious legal document that affects the rights of both parties. If a judge grants a final judgment on the joint petition, the couple waives their rights to the following:
- Written notice of entry of the decree of divorce
- Request findings of fact and conclusions of law
- Move for a new trial.
An individual should not sign a joint petition without understanding the rights he/she is waiving.
Experienced Las Vegas Divorce Lawyers
An experienced Las Vegas divorce lawyer can advise you of your rights before you file. Anthem Divorce Lawyers are an experienced team of family law lawyers. Contact us today for a consultation.