Contested Divorce Attorney in Las Vegas, Nevada
Practice Areas
Going through a divorce can be one of the most emotionally and financially difficult experiences of your life. The Las Vegas contested divorce attorney at Warnock Family Law understands the challenges involved in these situations and is committed to providing you with the legal support you need during this arduous time.
Whether it's complicated asset division, child custody battles, or alimony concerns, Attorney Patricia H. Warnock has the experience and legal knowledge to guide you through every step, with the goal of securing a fair and just resolution. If you need a contested divorce attorney, contact Warnock Family Law today to schedule a consultation.
What Is a Contested Divorce?
A contested divorce occurs when both spouses can’t come to an agreement on one or more issues that need to be resolved before the divorce can be finalized. These issues can include, but aren’t limited to:
Division of property: Deciding how marital assets and debts should be divided.
Child custody and visitation: Determining where the children will live and how much time they'll spend with each parent.
Spousal support (alimony): Agreeing on whether one spouse should provide financial support to the other after the divorce.
Child support: Establishing how much financial support the non-custodial parent should provide for the children.
In Nevada, if you and your spouse can’t reach an agreement on these matters, your case will be considered contested, and if you and your spouse cannot work out a settlement, your case will likely go to trial. A contested divorce can take several months or even years to resolve, depending on the intricacies of the issues and the willingness of both parties to compromise.
What to Know About Nevada Divorce Law
Before going deeper into the contested divorce process, it’s essential to have a basic understanding of Nevada's divorce laws. Nevada is a no-fault divorce state, meaning that you don’t need to prove that your spouse did something wrong in order to file for divorce.
You can simply state that the marriage is “irretrievably broken” or that there are “irreconcilable differences.” This allows both parties to move forward with the divorce without having to assign blame.
In Nevada, either spouse can file for divorce, as long as one of them has lived in the state for at least six weeks before filing. The person filing for divorce is known as the plaintiff, and the other spouse is the defendant.
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The Process of a Contested Divorce in Nevada
A contested divorce in Nevada involves several key steps, which may vary depending on the specifics of your case. Here is an overview of what you can expect:
1. Filing for Divorce
The process begins when one spouse (the plaintiff) files a complaint for divorce with the court. The complaint outlines the reasons for the divorce and the specific issues that need to be resolved (such as property division, custody, and support). The plaintiff must serve the complaint on the defendant, who then has the opportunity to respond.
2. Temporary Orders
In some contested divorce cases, either spouse may request temporary orders to address issues that need immediate attention, such as child custody, child support, and spousal support. These temporary orders are typically in place until a final resolution is reached.
3. Discovery Phase
During the discovery phase, both parties exchange information and documents related to the divorce. This may include financial records, tax returns, and details about marital assets and debts. Discovery is a crucial part of the contested divorce process, as it allows both sides to gather evidence and prepare for trial.
4. Negotiation and Mediation
Although the divorce is contested, Nevada law requires that both parties attempt to resolve their issues through mediation before the case goes to trial. Mediation is a process in which a neutral third party (the mediator) helps both parties discuss their issues and negotiate a settlement. Mediation can be an effective way to avoid the cost and stress of a lengthy court battle.
5. Pre-Trial and Settlement Negotiations
If mediation is unsuccessful or one or both parties are unwilling to settle, the case may proceed to pre-trial hearings. During this phase, both parties (with their attorneys) present their positions and try to reach a settlement before trial. If a settlement is reached, the case can be resolved without the need for a trial.
6. Trial
If a settlement can’t be reached, the contested divorce case will proceed to trial. At trial, each party will present evidence, call witnesses, and make arguments in support of their position. A judge will then make decisions on the contested issues, such as property division, child custody, and spousal support.
7. Final Decree of Divorce
After the trial, the judge will issue a final decree of divorce, which outlines the terms of the divorce, including how assets will be divided, custody arrangements, and support obligations. The final decree is legally binding and must be followed by both parties.
The process of a contested divorce in Nevada can be lengthy. Mediation and negotiation often provide opportunities to settle outside of court, but if necessary, the case may proceed to trial.
Working with an experienced contested divorce attorney is essential to make sure your interests are well-represented throughout this challenging process. If you need legal guidance, Warnock Family Law can help.
Issues in a Contested Divorce in Nevada
In a contested divorce, the issues that need to be resolved can be numerous and complicated. Some of the most common issues in contested divorces in Nevada include:
Property Division
Nevada is a community property state, which means that all assets and debts acquired during the marriage are generally considered community property and should be divided equally. However, property division can become contested if one party believes that certain assets should be excluded from the division, or if they feel the division shouldn’t be equal. This is often a particular concern in high-net-worth divorce cases.
Child Custody and Visitation
Child custody is often one of the most disputed issues in a contested divorce. Nevada courts prioritize the best interests of the child when determining custody and visitation arrangements. The court may award joint legal custody (where both parents share decision-making authority) or sole legal custody (where one parent has primary decision-making authority).
Child Support
In addition to custody, child support is another significant issue in contested divorces. According to the state of Nevada, child support is determined based on the Nevada Child Support Guidelines, which take into account both parents' incomes, the number of children, timeshare, and other factors.
Spousal Support (Alimony)
Spousal support, or alimony, may be awarded to one spouse if the court finds that it’s necessary to provide financial support to a spouse who can’t support themselves. In contested cases, spousal support can be a point of disagreement, as one spouse may seek support while the other may argue that it isn’t warranted.
In a contested divorce in Nevada, these key issues often can lead to significant disagreements. These sensitive matters require careful negotiation and legal representation to facilitate a fair resolution for all parties involved.
Contact a Contested Divorce Attorney
If you’re facing a contested divorce in Nevada, it’s crucial to have experienced legal representation on your side. Warnock Family Law is committed to advocating for your rights and helping you manage the difficult and often emotional divorce process. They’re proud to serve clients in Clark County, Las Vegas, Henderson, and the surrounding areas. Contact Warnock Family Law today for a consultation to discuss your case.