How Long Does an Uncontested Divorce Take?

  • 8 months   ago

Among the most misunderstood concepts of family law could very well be the uncontested divorce.  An uncontested divorce is one in which both spouses agree on everything, so the judge doesn’t have to issue any orders. This makes everything much quicker and hassle-free than a traditional divorce, and much faster, as well. 


That does not mean an uncontested divorce can be done in a day. Even though you agree on everything, there are still procedures to be followed in order to dissolve the marriage. Therefore, if time is the primary concern, in Nevada you have an even better option than an uncontested divorce, the summary divorce. 


So, why is an Uncontested Divorce Faster?


With an uncontested divorce, both spouses have to agree to every issue in the divorce, which makes a trial and any type of mediation completely unnecessary. By its very nature, this type of divorce is usually faster and less emotionally draining than a typical divorce. 


Part of that is because filing for a contested divorce requires a lot more work, including numerous court appearances and meetings designed to resolve a great many issues as they come up. When you file for an uncontested divorce. The entire process is faster because all issues are resolved going in, which means no court appearances and no decisions to be made by the judge.


How an Uncontested Divorce Saves Time and Money


The bottom line is, because much of the work has been done in advance, the amount of time it will take to get an uncontested divorce decree will depend largely on your state's divorce law and how it applies to your case and your particular circumstances. Some cases can be resolved in a week, while others can take several months, or even a year or more. 


While Nevada has no such law, some states require couples to endure a waiting period that can range from as little as 10 days and up to six months or more before they are allowed to enter a divorce decree. In states like Nevada, on the other hand, where there is no waiting period, everything can happen much faster.  A contested divorce requires negotiation, so that Nevada law and both spouses come to agreement on many issues, including alimony and child support, child custody and visitation, and the division of marital assets. 

Uncontested divorces can happen much faster, but only if you do everything right, with regard to the paperwork and the answers to the questions asked in the paperwork. Therefore, if you want things to happen quickly, plan ahead. Find out which court will handle your case and then take your time on the paperwork. Trying to rush through could work against you by taking more time than you had hoped. 


How to Reach an Agreement to Make Your Divorce Uncontested


If a divorce is uncontested, both spouses presumably agree on all of those issues going in, which means all of that work has already been done. It is possible for one spouse to file for an uncontested divorce, but the other spouse will have the option to either accept or object to those terms, or to object to some while accepting others. 


Quite often, both spouses will meet in advance and they will negotiate the terms in advance, so there is no risk of objection and delay in the process. By agreeing on all terms ahead of time, there is little to no risk of objection, which will speed up the process significantly. You could complete the process in far less than a year, or even a few months. 


Hearings and the Divorce Decree 


When compared to the more common contested divorce, an uncontested divorce can be quite simple. Your (hopefully experienced and knowledgeable) divorce attorney will file the initial petition for divorce with the court, at which point your spouse will be notified and receive a copy. 


Provided there are no contested issues, which means you and your spouse have to agree on everything, there will be a final hearing, after which the judge will sign the Decree of Divorce. At least one (soon-to-be-ex-) spouse must be in attendance at the final hearing.