Contested Divorce in Nevada

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 to, the more complex the filing becomes. Every issue contested—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 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 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.