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Should You Choose a Joint Petition When Filing a Nevada Divorce?
As you many already know, filing a Joint Petition Divorce is currently the simplest and fastest way to dissolve a marriage in Nevada. Filing a joint petition divorce requires the participation of both parties which is why we sometimes refer to it as a two-signature divorce.
If there are no children, no debt, and no property, a joint petition is the simplest, and least costly, way to obtain a Nevada divorce, provided both parties are willing to sign the divorce documents.
If children, property (this can be anything from a house to a couch or television for Nevada divorce purposes) or debt are involved, obviously agreement on issues such as child support , child visitation, physical custody, and property and debt division will be required before creating the documents for a two signature divorce.
Before you make the above decisions, a little research would go a long way towards avoiding arguments. For instance, in Nevada, some things such as child support are pretty much set in stone, so you can just look up the child support guidelines and follow them. These guidelines also contain allowed deviations.
Now, Nevada is a community property state, so as far as property and debt division is concerned in a joint petition Nevada divorce, it's basically a 50/50 split between the parties. However, this isn't always the case; there are many exceptions. For instance, a vehicle or a house owned by only one of the parties before the marriage is likely to be awarded to that party. Many things are considered, such as investment of the community property funds (when both parties share a checking or savings account and those funds are used for home improvement, for instance).
If you feel that a Joint Petition divorce is a good option for your but feel uncertain about how to divide your debts and property, or if you have children with your spouse and want to know what's appropriate as far as child support and visitation, consider Collaborative Divorce. Some attorneys' offices offer divorce mediation services (same as collaborative divorce) in preparation for doing a Joint Petition divorce. Generally speaking, during mediation , the parties find out what they're likely to be granted if they ended up in a divorce trial. Find out more about it here, Collaborative Divorce.
Bottom line is that a joint petition divorce, except in few situations, is the best option for all parties involved. You save time and money and the bigger heartache of divorce court.
In determining child custody, the court considers the wishes of the child, if the child is old enough and capable of making an intelligent choice, and any history of domestic violence in either parent or any other person seeking custody.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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