Nevada Contested Divorce
Are you contemplating a divorce? Did your spouse agree to the divorce? Do you and your spouse know how you are going to divide your property? Your debts? Maybe you disagree about your child custody or visitation schedule. If you and your spouse disagree regarding any of your divorce issues, your divorce is a contested divorce. A Nevada contested divorce can take additional time and resources to resolve.
A contested divorce is a difficult process. It can cause stress for all parties involved. But an experienced and knowledgeable lawyer can help you navigate the divorce process. Anthem Divorce Lawyers have over 25 years of experience. Contact us today for a consultation.
What Are the Issues in a Contested Divorce in Nevada?
Every divorce has its own unique issues. Just as no two marriages are alike, no two divorces are alike. A divorce may raise several issues including the following:
- Jurisdictional issues (Are you filing for divorce in the correct court?)
- Temporary orders during the pendency of the divorce
- Division of property and debt
- Spousal support/alimony and duration
- Whether one or both spouses want to return to their former/maiden name
If there are minor children a divorce will resolve:
- Child custody (physical and legal)
- Visitation Schedules
- Child support
A court will resolve child custody issues first in a contested divoce case.
A contested divorce can be a scary and difficult process. A skilled lawyer can assist you through this process. They will understand how to protect your rights and advocate for your position. Anthem Divorce Lawyers are a skilled team located in Henderson, Nevada. With over 25 years of experience, we serve clients all over the Las Vegas area. Contact us today for a consultation.
Who Can File for Divorce in Nevada?
In Nevada, at least one of the spouses must meet certain residency requirements to file for divorce. Nevada Revised Statute (NRS) 125.020 requires that at least one party:
- Live in Nevada for at least six weeks before filing for divorce in Nevada
- Intend to remain in Nevada indefinitely
The court cannot simply take the party’s word that one or both of the spouses are Nevada resident(s). A party must prove to the court that a spouse has lived in Nevada for at least six weeks. Using an Affidavit of Resident Witness, a party can prove residency. A friend, family member, or coworker typically provides this affidavit. In the affidavit they verify that one of the spouses:
- Has lived in Nevada for at least six weeks before filing for divorce
- Intends to remain in Nevada
An experienced divorce lawyer can answer your residency questions. Anthem Divorce Lawyers are an experienced team. Contact us today for a consultation.
Do I Need a Reason to File for Divorce in Nevada?
Nevada is a “no fault” state. No fault means that the person asking for a divorce does not have to prove that anybody did anything wrong to cause the divorce.
Per NRS 125.010, a person may file for divorce for three reasons:
- Insanity existing for 2 years prior to the commencement of the action.
- When the spouses have lived separate and apart for 1 year without cohabitation.
- Incompatibility. Incompatible simply means the couple does not get along.
How Long Will a Divorce Take in Nevada?
There is no firm timeline for how long a divorce will take in Nevada. The more parties disagree, the longer a divorce will take. If parties can agree to some or all of their issues, the divorce process may take less time. Both parties must also be available for the divorce proceedings. If one of the parties lives out of the state or a spouse cannot find the other party, this may delay the process.
An experienced divorce lawyer can assist you during this difficult time. A divorce lawyer will understand important deadlines and can provide you with an overview of the divorce process. Contact Anthem Divorce Lawyers today for a consultation about your Nevada contested divorce.
What is the Divorce Process?
The divorce process is different for every couple. If a couple agrees to all issues in their divorce before filling, they may file a joint petition for a divorce together. A joint petition for divorce is typically the quickest way to file for divorce.
If a couple cannot agree to some or all of their issues, the process will take longer. In a contested divorce one of the spouses initiates the divorce process by filing a complaint for divorce. The spouse who files the complaint for the divorce is the plaintiff. The other spouse is the defendant.
The divorce process in a contested divorce varies. Once a spouse has been served with a complaint for divorce, he/she must respond to the complaint within a certain amount of time.
Case Management Conference
After the defendant responds to the complaint, both parties will attend a case management conference. The court typically schedules this within 90 days.
Before the case management conference parties will have to gather certain financial information and provide it to the court via a Financial Disclosure Form. The financial disclosure form helps both parties and the judge understand the financial issues involved in the divorce.
At the case management conference, both parties (and their lawyers) will meet with the judge to go over the issues in the case. The parties will go over their agreed upon issues (if any) and their disputed issues. A case management conference may go over the following:
- Is there a possibility of settlement?
- What are the next steps?
- If there are minor children and custody is an issue, parties may be referred to mediation.
- Discovery deadlines and trial date
- Alternative dispute resolution for disputed issues
Temporary Orders
During the pendency of the divorce, a party may file a motion for temporary orders. Temporary orders may be in regards to the following:
- Child custody, visitation, support
- Spousal support
- Possession of the home
- What the parties can or cannot do with regards to property
Does a Contested Divorce Result in a Trial?
A contested divorce does not always result in a trial. In some instances, parties are able to resolve all of their issues before a trial date. If a pending divorce does go to trial, the judge, not the parties, will decide the outcome of their contested issues.
A judge may decide the following issues in a contested divorce
- The division of marital assets and debts
- Spousal support/alimony and duration
If there are minor children a judge can decide:
- Child custody, visitation, and support
A trial preserves certain rights that a couple may not have through other methods of dispute resolution. With a trial a couple may have the right to:
- Written notice of entry of the decree of divorce
- Appeal
- Request findings of fact and conclusions of law
- Move for a new trial
There are different types of divorce and methods to resolving divorce issues. A divorce has long term financial and legal consequences. It is important that you understand your rights and responsibilities before entering into any legal proceeding. An experienced divorce lawyer can advise you of your rights and advocate your position.
Las Vegas Divorce Lawyers
Anthem Divorce Lawyers are an experienced team of family law attorneys. We are located in Henderson, Nevada and serve clients all over the Las Vegas area. With over 25 years of experience, our team can help you understand your rights and answer your questions about Nevada divorce laws. Contact us today for a consultation.