Contested Divorce in Nevada
Contested Divorce in Nevada: What You Need to Know
A contested divorce is one that involves disagreements or disputes between the spouses on one or more of the divorce elements, like child custody, division of marital property, spousal support, among others. In Nevada, contested divorces are complex and often require the assistance of experienced attorneys to navigate the process. In this article, we provide insights into what you need to know about contested divorce in Nevada, using the following headings:
1. Grounds for Divorce in Nevada
In Nevada, a divorce can be granted on either a no-fault or a fault basis. For a no-fault divorce, any specific reason does not need to be provided to the court. A fault-based divorce, however, requires that one or both parties show fault, such as adultery, cruelty, or desertion.
2. Legal Representation
Engaging the services of an experienced divorce lawyer can be highly beneficial in a contested divorce. A skilled attorney can guide you through the legal process, from preparing documents to arguing a case in court. They can also provide several strategies to ensure the best outcome for you in the divorce.
3. Division of Marital Property
Nevada state law requires the courts to divide marital property equitably in a divorce. Equitable means that the assets are divided reasonably and fairly between the spouses. Marital property includes assets acquired during the marriage, such as the marital home, investments, cars, and any other assets purchased jointly.
4. Alimony and Child Support
In a contested divorce, spousal support and child support often become highly debated issues. In Nevada, the court will often consider both the financial situation of each spouse and their ability to pay, along with the needs of the children, when determining the amount of alimony or child support.
5. Child Custody
Child custody is perhaps the most contentious issue in a contested divorce. Nevada courts require that child custody arrangements benefit the child's best interests. Factors such as their relationship with their parents, the child's age, their academic record, health status, and living arrangements are considered.
Conclusion
Going through a contested divorce in Nevada can be a challenging and complicated process. If you believe that a contested divorce is likely, it's crucial to engage legal counsel and understand the legal issues involved. Some of these issues include grounds for divorce, legal representation, division of marital property, spousal support, child support, and child custody arrangements. The court makes most of the decisions in a contested divorce and bases them on some of these factors, among others, to provide the best outcome in the case. With the right legal representation, a favorable settlement in your interests becomes a possibility.
Contested Divorce in Nevada
What is a Contested Divorce?
A contested divorce is a complicated form of divorce where the involved spouses disagree on one or more matters of the prospective filing.
A contested divorce may result in the following disagreements: child custody, spousal support, division of assets/property, living arrangements, etc.
Contested divorce law requires the petitioner to file divorce papers to the other spouse. Divorce papers may be filed by mail or given to a sheriff/third-party for serving purposes.
Your prospective divorce officially becomes contested when your spouse disagrees on certain aspects of the filing. When the papers are served, the receiving party has 30 days to respond to the petition.
Therefore, contesting the divorce or any aspect of the decree, such as child custody, alimony and support must be legally done so in the 30-day time period.
If you or your spouse contests the prospective divorce, you must expect a lengthy and emotional legal battle. The more disagreements your spouse or you contest, the more complex the filing becomes.
Every issue contested—a division of assets/debts, alimony, child support, child custody, etc.—the more money and time the filing will cost you.
A contested divorce necessitates the hiring of divorce lawyers. A divorce lawyer is paid to act as an arbitrator for you and your spouse; these professionals attempt to settle any disagreements that may affect your filing.
When all avenues to resolve the filing are spent, your divorce will then become the burned of the local court. Instead of you and your prospective ex deciding how to divide the assets or issues of your former marriage, the decision will fall on the judge assigned to the case.
When your divorce is contested, your future is essentially in control of the legal system.
The best way to avoid a contested divorce is to work-out an agreeable solution to the division of your assets acquired during your marriage.
To avoid a lengthy trial, you and your spouse must agree on how you two will pay-off debts, split assets, and agree on child-support/custody issues.
Contested Divorce in Nevada:
A contested divorce in Nevada takes place whenever there is a disagreement over any area of the divorce proceedings.
The size of the dispute does not matter; a contested divorce in Nevada arises whenever you and your spouse do not agree on any terms of the filing.
If you and your spouse agree on every issue of the filing, you can file for the easier and cheaper uncontested divorce in Nevada.
In a contested divorce in Nevada, you and your spouse will engage in the following spots:
1.In a contested divorce in Nevada, you or your spouse will file a complaint. Once the complaint is filed it must be delivered to the other spouse.
The complaint may be delivered via the mail, from your local sheriff or by a 3rd party serving agency.
Once the complaint is filed, the other party has 20 days to respond with a formal answer to the divorce form.
2. After the receiving spouse responds to the complaint, a case management conference will be held. During this conference, the court will determine important case dates and deadlines.
3. The presiding divorce court will enter a case management order.
4. Once a case management order is established, the contested divorce in Nevada will formally undergo the discovery phase.
Depending on the complexity of your filing, the discovery process may take several months to complete.
5. If children are involved in your contested divorce in Nevada, a child custody evaluation may take place.
This process will involve an investigation; the state of Nevada will utilize an agent to observe your parenting skills and your financial ability to raise a child.
Following the investigation, the agent will provide a recommendation to the divorce court.
6. The next phase of a contested divorce in Nevada will include the establishment of temporary orders for child support, child custody, visitation, spousal support, attorney’s fees, and the exclusive possession of the marital residence.
7. If you and your spouse agree to come to an agreement with regards to the issues of the filing (child support, child custody, attorney’s fees, spousal support, visitation rights, etc.) the matter is resolved and a divorce filing will formally be entered by the court.
A contested divorce filing in Nevada reflects the agreements and wants of you and your spouse.
8. If you and your spouse cannot resolve your issues, your divorce filing will undergo a formal trial.
When the trial is finalized, the divorce court will enter a decree, which details the settlement and the terms of the divorce.