Las Vegas Contested Divorces
Divorce is usually a unique experience in one’s life. Therefore, few participants understand the intricacies in contested divorce proceedings. But it’s important to acquire the right knowledge in order to get through the process with as little stress as possible. This article discusses the key factors in Las Vegas contested divorces.
First, it’s critical to get the right divorce attorney in Las Vegas to represent you. While the following cannot replace the knowledge and experience of a qualified attorney, it will provide you with a base of information to build upon.
Each Divorce Case is Unique
Each divorce case involves two unique spouses and a different set of case facts. For this reason, it’s important to avoid the temptation to rely too heavily on advice from friends and relatives who have gone through a divorce. Their case circumstances might seem similar but can never be exactly the same as yours. This article addresses just one possible divorce case type: contested divorce matters involving substantial assets and minor children.
Contested Divorce Cases Take Time
One of the oldest strategies in a contested divorce is for one spouse to wear the other down by refusing to negotiate in good faith and/or constantly causing delays in the divorce proceedings. Their goal is to get you so tired of the divorce process that you accept an unfair settlement just to get the case over with. Divorce lawyers call this a “settlement by attrition”.
You need to prepare for the possibility that your spouse may employ this strategy. Do not let their tactics affect your decision on whether to accept a settlement proposal or not. Your divorce attorney will advise you on the pros and cons of any settlement proposal. It’s best to listen carefully to their counsel with a questioning ear. You should know why they think certain settlement proposal aspects are to your benefit and why they think others are not.
Divorce Case Legal Fees and Costs
No one benefits from a long drawn-out contested divorce because the total case costs deplete the assets that you are entitled to. Contested divorces always require more time and legal fees than uncontested divorces. The costs run even higher if both spouses can’t agree on a negotiated settlement. In these instances, a trial before a judge is necessary to achieve resolution. Properly preparing for, and going through a trial, is a time consuming and costly proposition.
Focusing on opportunities rather than past injustices reduces divorce costs. Avoid blaming your spouse and concentrate on your future. It’s important that you have confidence in your divorce lawyer. They have the experience to know whether it’s better to settle or go to trial.
Equitable Distribution Does Not Mean Equal Share
Nevada is a community property state. In simple terms, this means that all assets and debts during the marriage are the equal property of the community. And as such, subject to equitable distribution during divorce. However, there are numerous factors, such as a valid premarital agreement or assets and debts prior to marriage, which can affect community property.
Most importantly, many believe that equitable distribution means that both spouses will get an equal share of the marital property. But this is not true. Equitable distribution means that the distribution of the property will be fair. Fair is a relative term. What seems fair to one spouse may not seem fair to the other. Navigating this maze is best done with the strong counsel of your divorce attorney. They know from their experience what the courts are likely to decide if a settlement cannot be reached.
Parental Custodial Rights
Some believe that the court system favors the mother when deciding physical custody of the children. While this was the case many years ago, it is no longer a standard. In fact, barring extenuating circumstances, the family courts prefer both parents to be equally active in their children’s lives. The overriding factor is what’s in the best interest of the children.
Challenging the de facto standard of joint physical custody where both parents share equal time with their minor children is tricky business. While you may sincerely believe that you are the better parent, proving it to the level of getting sole physical custody is a different matter. Therefore, you need the help of a skilled divorce attorney to increase the chances that the court makes a judgment in your favor.
Las Vegas Contested Divorce Experts
It’s always best to consult with several divorce attorneys in Las Vegas before you decide on the best one to represent you. The partners in our law firm are Nevada State Bar Board Certified Divorce Law Specialists. Attorneys Jennifer V. Abrams and Vincent Mayo both offer courtesy phone consultations to callers contemplating divorce or those who have been served with a Complaint for Divorce. Call us today at 702-221-4021 and one of them will be glad to assist you.
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