In Nevada, so long as one of the parties is a resident of the State for a period of six weeks prior to the filing, they are eligible to obtain a divorce. Divorces may be uncontested or contested. Denise is also a Divorce Attorney.
In an uncontested divorce, the parties agree to all issues regarding the division of their assets and debts, custody and support of their children (if any) and whether either party may receive spousal support.
An uncontested divorce can be easy and inexpensive to obtain in Nevada so long as the correct forms are filed and the requirements are met. Often, parties think that they can “do it themselves” but they find that they did not correctly fill out the forms or they made a crucial mistake which leads to problems after the divorce is finalized.
A contested divorce is one in which the parties disagree as to how their assets and debts will be divided, with whom their children will reside or the amount and duration of any spousal support to be paid. If the parties have significant assets, such as a business, experts or forensic accountants may be required.
In a contested divorce, the initiating party will be required to file a complaint for divorce which alleges what they want to receive in the divorce. Often a preliminary motion will be filed asking the court to make initial temporary orders regarding child custody, temporary spousal support, preliminary attorney’s fees or exclusive possession of a residence.
In a contested divorce, all child custody issues must be resolved prior to the court dividing and distributing the parties’ assets and debts. If the parties do not agree as to custody of their children an evidentiary hearing (trial) will be held to determine custody.
The parties will then conduct discovery (the process of determining exactly what the marital assets are and how much they are worth) before a trial is held for the court to determine the distribution of those assets and if spousal support should be awarded to either party.
At any time during a contested divorce, if parties can reach an agreement through mediation or on their own, a stipulation can be submitted to the court and the agreement can be ratified, thereby settling the divorce.
Contested divorces are complex and require competent counsel. Don’t risk your financial piece of mind or the welfare of your children by hiring the wrong attorney to handle your divorce. Gallagher Attorney Group has the experience, compassion and customer service to meet your needs and protect your legal rights.