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Las Vegas Divorce Attorneys. Las Vegas Divorce Lawyers.
Contested Divorce
Contested Divorces are those divorces where both spouses cannot come to an agreement, on all issues, by themselves.
Nevada is a "No-Fault" state and you cannot contest the dissolution of the marriage. However, the terms regarding Property Settlements, the validity of a Prenuptial Agreement, Temporary Spousal Support, Alimony, and Child related issues can, and are often, contested. In volatile situations, you may also qualify for a Protective Order against your spouse.
Contested Divorces do not have to be mean-spirited and ugly, though we often handle such matters. Most divorces begin as Contested Divorces and are subsequently settled after negotiations and/or court hearings between both parties and their Las Vegas divorce attorneys.
Each case begins with a detailed consultation with Las Vegas divorce attorneys Jennifer V. Abrams or Vincent Mayo. If a personal appointment is not possible, your Attorney will begin your case by providing the consultation by telephone. This is often used when you are based out-of-state and your spouse is a Nevada resident.
Initial Filings
Each Contested Divorce matter is unique, so it is not possible to explain the strategy your Attorney will employ in your case. However, Contested Divorces typically involve the initial filing of a Summons, Complaint, and Joint Preliminary Injunction, at minimum. Many cases require the simultaneous filing of additional legal pleadings. The content of the initial filings is extremely important because the filings are the first step in protecting your rights on all issues.
Serving Your Spouse
The next step is serving the divorce documents upon your spouse. This is called Service of Process. We take great care in the method in which your spouse is served. Service of Process is the initial action that can "set the tone" for how your case will progress.
Discovery
Discovery is the process of gathering information relevant to your divorce case. Your spouse is required to provide all requested information. They do not have a choice, regardless of what they may think. If your spouse refuses to provide the information voluntarily, we will subpoena it, or get a court order to compel your spouse to produce it.
Discovery can take anywhere from a few weeks to several months, depending on the amount of information and the method required to obtain it. If your case requires it, we can retain Business Valuators, Forensic Accountants, or Child Custody independent experts in conjunction with our Discovery efforts. All of our independent experts are certified by the Clark County Family Court.
Concluding Your Case
There are two ways a Contested Divorce case is concluded: Negotiated Settlement or Trial Litigation.
A Negotiated Settlement is conducted on your behalf between Attorney Abrams and the divorce lawyer representing your spouse. If you and your spouse are reasonable and both wish to settle the matter, you can do so at anytime during your case. If your spouse cannot be trusted, and extensive Discovery is required, or your spouse has no interest in settling, your case will require more time and effort to conclude.
Negotiated Settlements are often preferable to Trial, because the outcome is known, and the settlement can be structured to your benefit. Historically, over 93% of our Contested Divorce matters are settled. However, your Attorney will never recommend that you make unnecessary concessions in order to settle the case.
Trial. If a Negotiated Settlement cannot be reached, the matter is resolved by Trial. Each divorce Trial is presided over by one of the Clark County Family Court Judges. There are no juries for Las Vegas divorce Trials. Attorneys Jennifer V. Abrams and Vincent Mayo have extensive Trial experience, but will only recommend going to Trial when it is in your best interest.
We communicate frequently with our clients during all phases of their divorce proceedings. You must review and approve the divorce filings, the method in which your spouse is served, and all subsequent significant communications with your spouse's divorce lawyer. You are also encouraged to attend all conferences, depositions, and court hearings.
Legal Fees and Costs for Contested Divorces
The amount of work involved, and the length of each case, determines the amount of legal fees and costs required ...read more.
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