Contested divorces are the most common form of divorce cases. Contested means that both spouses cannot agree on all the divorce issues. This often includes division of assets and debts, child custody, and alimony. Nevada is a “no fault” divorce state. Therefore, you cannot deny your spouse a divorce. But you can dispute the divorce terms. Contested divorce does not have to mean an all-out battle and a trial. But our Las Vegas contested divorce lawyers have decades of experience in cases that do. More often though, our Las Vegas divorce attorneys achieve resolution after successful negotiations with the opposing party’s divorce lawyer.
Initial Court Filings
The facts of every contested divorce case are different. However, most cases begin with an initial document filing of a Summons, Complaint, and Joint Preliminary Injunction. These initial court document filings are critical because the documents protect your rights from the start. If a divorce filing is unavoidable, it’s desirable to be the Plaintiff and file before your spouse does. The reasons for this are complex and vary from case to case. Therefore, it’s best to explain how it benefits your particular case in a consultation with one of our divorce attorneys.
Service of Process
Service of Process delivers the Complaint for Divorce to your spouse. The method of service of process is important and requires a unified strategy with your divorce lawyer. This is because proper service of process sets the stage for the rest of your contested divorce matter.
The Discovery Process
Discovery is the act of gathering relevant divorce information. Both parties must provide access to all information requested as part of the discovery process. Despite what your spouse may think, we’ll get the information to support your case one way or another. If your spouse refuses to comply, subpoenas or a court order can be issued. This means the family court will require your spouse, or other entities, to provide the information. The amount of time required for the discovery process varies based on the quantity of information requested and the activities required to obtain that information. In most cases, discovery can range from a few weeks to a few months. Experienced divorce attorneys know how to get the information important to your case.
Las Vegas Contested Divorce Resolution
Contested divorce case resolution is through either a negotiated settlement or as the result of a trial. Frequent communication between you and your attorney is critical to the successful resolution of your divorce case. We encourage your active participation in conferences, court hearings, and depositions. You will need to authorize all document filings and approve the method for service of process. You will also review all important communications prior to sending them to your spouse’s divorce lawyer.
A negotiated settlement is typically the preferred approach. This is because the outcome of the case is known and the terms can be settled to your benefit. Negotiated settlements are agreements through communications by the divorce lawyers representing both you and your spouse. You have the right to settle your case at any time. That is as long as both parties are willing to accept the settlement terms.
Contested Divorce Trials
Your case goes to trial if a settlement agreement is not possible. Divorce trials are presided over by a family court judge. While we have substantial experience and are comfortable arguing divorce cases at trial, we only recommend going to trial when it’s in your best interest. Again the final call is yours. You can always accept a settlement if that’s preferable to you.
Las Vegas Contested Divorce Lawyer Consultations
You deserve to have your case facts and goals fully understood. Therefore, we offer two forms of consultations. The first is a courtesy phone consultation. Just call our office at 702-222-4021 and one of our State Bar of Nevada Board Certified lawyers will speak with you. If you decide to go to the next step, then we will schedule a formal two-hour consultation. In both cases, you will speak with either Las Vegas contested divorce lawyer Jennifer V. Abrams or Vincent Mayo personally. They’ll answer all of your important questions.