“Joint Petition for Divorce” – How It Works in Nevada

Joint petitions in Nevada are the quickest way you can pursue an uncontested Nevada divorce.

As long as you and your spouse agree on every detail of your separation, you may be able to get divorced within a week or two from filing the petition. The judge will typically sign off on it without requiring a hearing.

If you and your spouse have no minor children or community property, you should strongly consider filing a joint petition.

In this article, our Las Vegas family law attorneys discuss joint petitions in Nevada divorce cases.

• 1. What is a joint petition for divorce in Nevada?
• 2. What are the pros and cons?
• 3. How do we file for an uncontested divorce in Nevada?
• 4. Can mediation help?

1. What is a joint petition for divorce in Nevada?

A joint petition is when you and your spouse agree on all the terms of your split and file the same divorce paperwork (“petition”). Joint petitions also go by the names

• “uncontested divorce,”
• “joint divorce,”
• “two-signature divorce”, and
• “collaborative divorce.”

Because everything is agreed upon ahead of time, joint petitions are the quickest, easiest, and cheapest divorce option. An uncontested divorce may be appropriate if you and your spouse agree on all of the following terms:

• division of assets, including pets custody;
• division of debts;
• child support payments;
• child custody (legal and physical custody) and child visitation schedules;
• alimony payments and how long spousal support will last;
• health insurance for children; and
• name changes, such as reclaiming a maiden name

(To file for divorce in Nevada, either you or your spouse must be a Nevada resident for at least six weeks.)

In most cases, judges will sign off on an uncontested divorce without requiring a court hearing. The entire process can be done in a week but may last a couple of months depending on how busy the court is.¹

Divorces will drag out much longer whenever a judge is required to make decisions about issues you and your spouse cannot agree upon.

Joint petitions are the fastest and cheapest method to get a divorce in Nevada.

2. What are the pros and cons?

Advantages of uncontested divorces are that they are:

• cheap – just the cost of the court filing, which varies by jurisdiction;
• easy – there is minimal paperwork to complete;
• autonomous – you and not judge call all the shots;
• quick – divorces can be completed in a short amount of time (see our article, How fast can I get a divorce in Nevada?); and
• non-contentious – since the filing is joint, there is no need to file a nasty “complaint for divorce.”

Disadvantages of uncontested divorces are the following:

• you give up your right to file an appeal (“appeal waiver”);
• you give up your right to have a judge make findings of fact (such as what is a fair division of assets); and
• if you have complicated estates, it may be difficult to articulate all the terms of your divorce in a fill-in-the-blank joint petition.

Consult with an attorney to help you decide whether an uncontested divorce is in your best interest under Nevada law.

It is always recommended that you hire an attorney to compose or at least review your paperwork. However, an attorney is not necessary to achieve a joint divorce.²

See our related article, 7 day divorce in Las Vegas – Is there such a thing?

3. How do we file for an uncontested divorce in Nevada?

There are three main steps to filing a two-signature divorce petition:

1. Fill out the paperwork and get it notarized. It varies by court, but it typically includes the following documents:
   1. family court cover sheet
   2. affidavit of resident witness (showing that you meet the residency requirement)
   3. joint petition for divorce (no children) or joint petition for divorce (with children)
   4. joint petition decree of divorce (no children) or joint petition decree of divorce (with children)
   5. confidential information sheet (no children) or confidential information sheet (with children)
2. File the paperwork with the court. The procedure varies by court, but it can typically be done online, through the mail, or in person. There is also a filing fee that varies by court. In Clark County, the fee is $299.
3. Submit the divorce decree to the judge after the clerk’s office files the petition. The divorce will be final once this decree gets filed with the court.

If you get mailed the final decree, it is your responsibility to mail a copy to your ex-spouse and then file a certificate of mailing with the court.

Several Nevada counties provide online detailed step-by-step instructions and court forms for filing joint petitions:

• Clark County (including Las Vegas)
• Elko County
• Nye County
• Washoe County
• Carson City

Remember that it is always advised you consult with an attorney before filing any divorce papers.³

See our related article, How to File for Divorce in Nevada – 5 Steps.

Mediation can help divorcing couples agree to all terms so they can file a joint petition.

4. Can mediation help?

If you and your spouse wish to avoid a contested divorce but cannot agree on every detail, you might consider trying mediation. Experienced mediators have the skills to help you

• iron out your differences and
• see the big picture.

A mediation session can be costly but is still usually cheaper than a drawn-out contested divorce. Plus, mediation still affords you more control as opposed to a divorce trial, where the judge’s decision is final.

Legal References