“Uncontested” Proceedings (Divorce & Dissolution) in Las Vegas
Experience Matters
“Uncontested” Proceedings (Divorce & Dissolution) Overview
Onello Law Group fields phone calls from individuals requesting divorce consultations by-the-hundreds monthly; approximately 10% of those phone calls are inquiries regarding “amicable divorce,” “uncontested divorce,” and “joint petitions.” Generally, these terms are used describe a procedure where a “Decree of Divorce” or “Decree of Dissolution” is obtained by mutual agreement, which is generally the most expedient and cost-effective way for two individuals to separate and “tie up loose ends.” For couples without minor children, these uncontested “Decrees” commonly contain orders related to property, spousal support, and attorney fees. For couples with dependent children (both minor and adult children with special needs), Decrees also will contain terms related to (child) custody, (child) support, and medical insurance. Our office has concluded uncontested proceedings in less than one (1) week for several clients over the years, but more complex matters take longer to negotiate.

How Does It Start?
In an uncontested proceeding, we put the “cart before the horse” and draft a settlement proposal, or a proposed “Decree.” If we obtain a full agreement, we then draft a “Joint Petition” and file the necessary documents with the court before submitting that agreement to the presiding judge. Once the Decree is filed, you are done. An uncontested divorce is an attractive option for many, but its availability is dependent upon mutual agreement (by both parties) to all terms. The first step in the process is a phone call to an attorney because sometimes there are terms that you would not know you need until it is too late.
So why Doesn’t Everyone Just Proceed “Uncontested” ?
Simply put, the longer the marriage (or domestic partnership); the more likely there is to be “community property” to divide. Similarly, the longer the marriage; the more likely that an alimony claim will be made by the lower-income-earning party (when applicable). With some exceptions, such as “separate property brought into the marriage,” community property is often more expedient to amicably resolve than alimony. Alimony is not set by any simple formula under Nevada law, but is determined by variety of factors, which can take longer to mediate. With that said, we have still resolved hundreds of uncontested cases that involve alimony as a major point of contention.
Matters that involve child custody can also carry some complexity; often one party will request “primary physical custody,” which can often be a “non-starter.” Child custody designation also impacts child support, which is also impacted by medical insurance costs. As you would expect, divorces and dissolutions that involve child custody can compound the issues involved.
When considering an uncontested proceeding, the main question to ask yourself is “do we agree on everything.” If the answer is “no,” you may not yet be ready for an uncontested divorce, but there are still other options. Where there is a “middle-ground” – there is a way. But remember – the more “issues” involved, the more difficult it is to obtain a Decree by “uncontested” proceedings.
What Do I Do If We Are Close, But Still “No Cigars”?
Depending on the urgency of the situation, and how far apart you are on the remaining issues involved, you can either keep working at resolving the remaining issues, or simply file a Complaint.
While many fear that filing a “Complaint for Divorce (or Dissolution)” requires the parties to proceed with costly litigation and trial – this is not necessarily true. We sometimes use a Complaint to get the process started so that if the issues continue to be unresolvable during negotiations, there was no time wasted by waiting. Considering that the average wait time to “get in front of a judge” can be two months or more, we often advise clients to file a “Complaint” in situations where there appears to be an unresolvable issue.
If I file a Complaint, Do I Have to Go To Trial?
No. While a Complaint indeed commences a “lawsuit,” such a proceeding can still be resolved affordably and expeditiously. Where the unresolved issues do not appear to be complex and the other individual just needs a “nudge” during such an emotional time, our office may file the Complaint to “move things along” and continue to negotiate a settlement. If those unresolved terms become “resolved,” our office then proceeds with “summary disposition,” which more-or-less converts the proceedings to an uncontested proceeding. Many times, we can get this done without even having to appear in front of the judge.
How Much Do Uncontested Proceedings Cost?
Uncontested proceedings generally start at $2,500.00; this is for cases where our client has the agreement “gift wrapped” and needs us to formalize the agreement. It’s important to note that this will also minimize costs for the other party involved, which reduces costs from the “community” and leaves more money for everyone to take with them. In these situations, and with cooperation by the other party, we can often complete all the paperwork and have the process completed within a week of being retained. Obviously, if our office conducts negotiations, it will take more time, and there are more costs involved. If negotiations are unsuccessful, any funds that remain in your initial retainer will be “rolled” into your litigation retainer, so an initial deposit is not necessarily a sunk cost.
