In an uncontested divorce, both parties agree on all terms of their separation. This means they agree on the reasons for their divorce, they agree on how their jointly held property will be split, and how their minor children, if any, will be cared for. Nevada law recognizes that these situations exists and has carved a path for parties to obtain quicker and faster divorces when they are uncontested. Certain things no longer become necessary or practical, such as serving the other party with a complaint and summons. But certain other things become required, such as completion of a co-parenting course. And, there is also the six week residency requirement, which applies equally to both contested and uncontested divorces. Missing these requirements will delay the divorce proceeding. Other issues will also delay simple uncontested proceedings but skilled attorneys such as www.divorcetyme.com will know exactly what to avoid.
The division of property is generally a hotly contested issue if the parties have a lot of assets or if great conflict exists. Therefore, the parties generally will never agree on how to divide the assets and will always choose to rather fight it out in court than begrudgingly agree to what appears to be an unfair division. In an uncontested divorce, the parties are not in dispute on how to divide the assets, and since the parties are not in dispute, why should the court care? They don't. They will generally approve the parties' wishes so long as the terms are not overwhelmingly unfair or unjustified. A skilled attorney will know how to draft provisions to prevent them from raising any suspicion and causing any delay.
The court's position is generally same concerning matters related to child custody. If the parties have already agreed on a suitable schedule dividing the time they will spend with their children, why should the court intervene? The parties are in the best position to know what best suits their and their children's schedules and needs. These petitions are generally cheap and affordable and cuts time. However, the court generally does look more carefully at the parties' agreement on child custody. If there is something unfair, even slightly, or not quite right, the court will request the parties to appear for a hearing. The court will make a determination if the child custody arrangement is within the child's best interest. A skilled attorney will word a petition to avoid a decree getting bounced back and avoid further unnecessary delays from making revisions. Attorneys at www.divorcetyme.com do this best.
The court will also look more closely at terms relating to child support. Generally, a party's child support obligation is determined by Nevada law. However, Nevada law does permit parties to agree between themselves a different child support obligation, provided they follow a certain set of protocols. Even so, this will not prevent the court from questioning a child support obligation that appears unjustified or questionable. The court will not hesitate to haul the parties into court.
Spousal support is an important issue that must also be addressed in a decree but it is not as heavily scrutinized by the court. If both parties are of sound mind and physically able to work, the court will not question their terms concerning spousal support. Put plainly, if a spouse will not become a public charge, the court will not require spousal support.
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