Understanding Joint Petition for Divorce or Uncontested Divorce

A man folding his hands on top of a divorce paper that his uncontested divorce lawyer in Nevada helped him with.

Normally, when an individual files for divorce with the help of a family attorney, that individual is the petitioner while the other spouse is the respondent. In these cases, the judge typically makes decisions regarding the division of assets and similar matters. However, Nevada residents have another option. They may choose to file a joint petition for divorce, which means that both spouses mutually agree to dissolve the marriage. A joint petition requires that both spouses come to an agreement regarding the crucial issues of divorce, including asset division. As with any type of divorce proceeding, it’s imperative that both spouses obtain the services of a family law attorney serving Las Vegas.

Working with Professionals

While it is possible for individuals filing a joint petition to represent their own interests, it generally isn’t advisable. A family attorney is still needed to ensure that all of the paperwork is in order and will be acceptable to the judge. And while some couples may be able to amicably agree on some issues, other issues may require the help of a skilled negotiator. For example, a Henderson divorce attorney can help the spouses reach a mutually agreeable decision regarding the payment of spousal support and child support, in addition to child custody and visitation rights.

Submitting the Settlement Agreement

When both spouses agree to file a joint petition for divorce, they do not need to file a complaint. Instead, they will file a settlement agreement with the court. The settlement agreement is a written document that describes exactly how the major issues will be handled. It describes the joint custody or sole custody arrangement, spousal support, child support, asset division, and liability division. After the child support attorney draws up the document, both spouses must have their signatures notarized.

Submitting the Waiver of Rights

Along with the settlement agreement, the spouses must submit a waiver of rights to the court. This document waives each spouse’s right to service of process. By signing this document in the presence of a notary public, the parties both agree that they were fully informed of the divorce proceedings. Except under rare circumstances such as fraud, this document prevents an ex-spouse from later claiming that he or she was unaware of the terms of the divorce agreement.