When you start the process of a contested divorce in Nevada, you’re stepping into a legal situation where you and your spouse cannot agree on major issues such as how to divide your property, who gets custody of your children, or whether one of you should receive financial support from the other. This type of divorce is more complex and time-consuming than an uncontested divorce, where both parties agree on everything and simply need the court to approve their decisions. Understanding the contested divorce process is crucial because it involves multiple legal procedures and can significantly affect your future and that of your family. Below, Barber Law Group explains essential information on contested divorces, including the laws on divorce in Arizona and why to involve an experienced lawyer.
Understanding Contested Divorce
In a contested divorce, the main difference from an uncontested divorce is that you don’t just file paperwork and wait for a judge to sign off on your agreement. Instead, you need to prepare for a series of legal steps that could involve multiple court appearances and negotiations. A contested divorce typically begins when one spouse files a divorce complaint that outlines their desired outcomes for the divorce, and the other spouse then has the opportunity to file a response disagreeing with any of the terms set forth. This disagreement sets the stage for the legal battle that follows.
If your spouse contests the divorce, both parties will enter a phase of discovery. During discovery, each side gathers evidence supporting their case. This can include financial documents, witness statements, and other relevant information. This phase is crucial for building a strong case, especially if the divorce involves complex asset divisions or custody disputes. Pre-trial motions and hearings may occur, aiming to settle temporary matters such as child custody or spousal support until the divorce is finalized.
If you and your spouse cannot settle your disputes through negotiation or mediation, the case will go to trial. At trial, both sides present their evidence and arguments in front of a judge. The judge then makes decisions on all contested issues. Trials can be lengthy and emotionally taxing, so it’s often beneficial to resolve as many issues as possible before reaching this stage.
The process often requires gathering extensive documentation, such as financial records and evidence supporting your position on custody arrangements, property division, and other disputed areas. You might need to work with lawyers, mediators, and possibly other professionals like child custody evaluators or financial experts to build your case. Throughout the divorce, you’ll attend court hearings where preliminary decisions can be made on urgent issues, like child support or temporary custody, while you wait for a final trial where all disputes will be resolved.
The Divorce Decree
After the trial, the judge will issue a final decree of divorce, which legally ends the marriage and sets forth the terms of the divorce, including asset division, custody arrangements, and any alimony payments. Alimony payments involve one spouse providing financial support to the other post-divorce to maintain a similar standard of living as was had during the marriage. This final decree of divorce can only be changed by returning to court for a modification if significant changes in circumstances occur.
Post-trial, if circumstances change significantly, such as a financial shift or a change in the needs of your children, you may petition the court to modify the terms of the divorce decree. This can mean that the conditions remain fair and applicable to everyone’s current situations, allowing adjustments to be made that reflect these new realities.
Legal Requirements for Contested Divorce in Nevada
To start a contested divorce in Nevada, you need to meet specific legal requirements. One of you must have lived in Nevada for at least six weeks before filing for divorce. Proof of residency can be established through various means such as a Nevada driver’s license, utility bills, or a lease agreement showing a Nevada address. Nevada allows for divorce based on irreconcilable differences, which means you and your spouse cannot get along well enough to stay married. Additionally, you can file for divorce based on fault grounds such as adultery, abandonment for at least 12 months, or mental cruelty.
Choosing between a no-fault and a fault-based divorce can potentially impact the proceedings, especially in matters like alimony and the division of property. For example, if one spouse can prove the other’s fault, it might affect how assets are split or whether alimony is awarded. Once you meet these requirements, the next step is to prepare the necessary legal documents to file with the court. This includes the divorce complaint, which outlines your requests for property division, child custody, alimony, and other relevant issues. It’s important to accurately complete and file these documents to avoid delays in the divorce process.
Main Issues in Contested Divorce
When you go through a contested divorce in Nevada, you will face several major issues. The division of property and assets is a primary concern. Nevada law requires an equal distribution of all marital assets, which includes everything from real estate to retirement savings. However, determining who receives what can cause disputes, sometimes necessitating a judge’s decision.
Child custody and support are another significant aspect. If you have children, determining where they will live (physical custody) and who will make important decisions for them (legal custody) can be contentious. If you and your spouse cannot reach an agreement, the court will make a decision based on what is best for the children. Alimony, or spousal support, is also often contested. The amount and duration of alimony can be complex points of negotiation or litigation.
Reno Divorce Attorneys
If you’re facing the challenges of divorce, it’s important to have a skilled lawyer by your side. Barber Law Group divorce attorneys can provide the support and guidance you need to navigate through this tough time effectively. To discuss your options and safeguard your interests, call us today or visit our website to schedule your initial consultation. Let us help you move forward with confidence. To discuss your situation and explore your options, please contact Barber Law Group at (775) 323-6464 or connect with us online.
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