CONTESTED OR UNCONTESTED DIVORCE
DIVORCE by Marilyn York
What is a Contested Divorce?
A contested divorce is one in which both spouses cannot come to an agreement on all the issues relating to the divorce, or in which one spouse does not want to go through with the divorce. Common issues that spouses cannot agree on include child custody, child visitation, child and spousal support and property division. If these issues cannot be resolved and remain contested, the divorce will proceed to court. If your spouse will not sign papers or participate in the divorce, you can get a valid divorce through a default judgment. In a contested divorce, you should have a Family Law Attorney to help you understand your options and protect your interests and rights.
A contested divorce is any divorce that is filed by only one party, effectively suing the other spouse for divorce. A contested divorce does not mean you contest the actual divorce, which you cannot legally do as an aside, but rather that you disagree with the requests your spouse is making in filing the divorce as it relates to assets, debts, support or custody. The good news is that even when cases start contested, you and your spouse will likely be able to reach a divorce agreement through negotiation or mediation before Trial. In fact, most divorces settle before Trial. Although our skilled attorneys do all we can to avoid a costly and emotional legal battle, we are absolutely prepared to litigate your case in court as necessary to protect you and your children.
A big problem in contested divorce can be Malcreant Lawyers who escalate the conflict. Hiring a Cooperative Divorce Attorney can save a lot of cost and effort, and many times over if your spouse does the same.
What is an Uncontested Divorce?
An uncontested divorce is a divorce where husband and wife can agree on how to divide all community property assets and debts and agree on child custody, visitation, child support and alimony. An uncontested divorce works for couples who are not extremely angry at one another and recognize that even though their marriage did not work out, they do not want to punish the other for the things that lead to the decision to get a divorce.
This is the ideal method for settling and finalizing your Divorce case. An Uncontested Divorce means that you and your spouse have negotiated and agreed to the terms of your divorce without the need to file a Contested case nor litigation. Who could be better to make financial and custodial decisions for yourself and your family than you and your Spouse? Well, that’s assuming you two can navigate the extreme emotions of a divorce and come to such an agreement. We can absolutely help you do that. Sometimes we hire private judges to mediate the matter as well and ultimately reach the full settlement that way. In any case, if you are able to settle all financial and custodial matters in your case, we will draft what is referred to as a “Marital Settlement Agreement” or “MSA” which you will both sign. That will be filed with the Court, along with several other documents such as a Joint Petition for Divorce, also signed by the two of you; and the proposed Decree of Divorce, which is the Judge’s Order adopting the terms set forth in your MSA and the Order that terminates the status of your marriage making you single again! With an uncontested divorce you do not even have to appear in court. Our retainer for an uncontested divorce starts at $3,000. Contact our divorce attorneys today by calling 775/324-7979.
An uncontested divorce is the simplest, quickest and most cost effective way to get a divorce because husband and wife have come to an agreement on issues that Courts decide when divorcing couples cannot agree. While couples often have attorneys to represent them in negotiations in uncontested divorce, attorneys fees are typically significantly lower than in contested divorce actions because although there might be minor differences, the spouses are in agreement about the fundamental issues which must be decided at divorce. The role of attorneys in an uncontested divorce is typically limited to drafting the papers containing the terms of the agreement the couple has reached on their own. However, sometimes couples have attorneys to help them reach an agreement and negotiate through their attorneys who have the experience to suggest resolutions which couples may not reach on their own.
An uncontested divorce keeps conflict levels lower during and after the divorce and is the right choice for you if you and your spouse have had discussions about your things and are not arguing about who gets what. For example, some couples agree that one spouse keeps the house and the other spouse gets the furniture and a lump sum payment to equalize the value of the home equity. Another way divorcing couples can come to an agreement about divorce is when they each agree to keep all debt incurred in their own names. In other words, each spouse will agree to pay off their own credit cards and not hold the other responsible for debt incurred during marriage. Divorcing couples often cannot agree about custody and visitation of their children. However, if you and your spouse can agree on where your child(ren) should live and the time they should spend with each parent, then an uncontested divorce may be the right choice for you.
Uncontested divorces can work best in short marriages with no assets or children or where joint custody of children is agreeable. Many divorces that start out uncontested end up contested for one or more reasons. Uncontested divorce usually won't work when -
Here are some topics to discuss with your spouse if you think an uncontested divorce is the right choice for you.
• Will one of you stay in the marital residence? How will you divide the equity if you are homeowners?
The Nevada Revised Statutes govern divorce in Nevada. To be eligible for a divorce in Nevada, you and/or your spouse must be a resident of Nevada for at least six weeks prior to the filing of your divorce case, unless the cause of your divorce accrued here or it is the last State in which you and your spouse cohabited. Nevada must also be the “home state” of your children if you wish to have custody and/or support for your children adjudicated here. Home State means your children have resided in Nevada for at least 6 consecutive months immediately before the commencement of the child custody proceeding or since birth if your child is less than six months old. Nevada is a no fault divorce state, meaning the spouse seeking the divorce is not required to accuse the other spouse of any wrongdoing. The statutes governing child support can be found here. http://www.leg.state.nv.us/NRS/NRS-125B.html
Our exclusive family law office can help by drafting a Joint Petition for Divorce and the other accompanying documents. We cannot represent both spouses in an uncontested divorce but we can make the process as seamless as possible if you and your spouse agree on all of the significant issues that arise during a divorce. We can also advise you regarding the law governing child support, alimony, division of community property assets and debts, and provide other practical advice based on our experience in family law.