What is the difference between a contested and an uncontested divorce?
A contested divorce simply means that both parties cannot come to an agreement on all issues. It does not necessarily mean that the matter will get ugly and mean-spirited. Most divorces start out as contested and are then resolved through negotiations and/or court hearings between the two Las Vegas divorce attorneys on behalf of the parties. Learn more about the different divorce types from a Las Vegas divorce attorney
Can one Las Vegas divorce attorney represent both spouses?
Legally, yes. However, most experienced divorce lawyers will not represent both spouses in a divorce action. The divorce attorney who represents both parties simultaneously would be prohibited from giving either party beneficial legal advice, if such advice would be in conflict with one spouse's interests. This is because both spouses are clients, and therefore, are entitled to equal representation.
It is also possible, under certain circumstances, that one spouse can have the Decree of Divorce overturned or "set aside" at a later date, due to a lack of independent legal counsel when they entered into the agreement. Learn more about our uncontested divorce
I am intimidated by my spouse's reaction when I bring up the subject of divorce. What should I do?
Before, during, and at times after a divorce, spouses often say things that are meant to hurt, annoy, scare, intimidate, or upset the other spouse. It is critical that you understand that your spouse is now on the opposite team. If you listen to, or even worse, actually believe what they are telling you, you will have joined your opponent. An experienced Las Vegas divorce attorney
is not intimidated by this behavior.
Regardless of gender, there is nothing more important than the safety of our clients. If any form of domestic violence has been committed against you, we can immediately file for a protective order. Learn more about protective orders from Las Vegas family lawyers.
My spouse says that I will be forced to sell the house if we divorce. What can I do?
One spouse cannot force the other to sell the house for purely spiteful reasons. More often, there are financial realities that determine what happens to the house. There are three possible scenarios governing the division of real estate during a divorce:
- Only one party wants to keep the house. In this scenario, the party wanting to keep the house must buy out the equity share of the other party. Often this involves qualifying for a mortgage, solely in one party's name.
- Both parties want to keep, and can afford, the house. In this scenario, numerous factors are considered. Examples include: Whether the children are to live there, or will they have to relocate and attend a different school?;
- Did one party own the house prior to marriage?; Is one party willing to "bid" higher to keep the house?; etc.
- Neither party wants, nor can afford the house alone. In this case, the house is sold and the proceeds are divided according to what has been negotiated between the parties' Las Vegas divorce attorneys. Learn more about division of assets and debts.
"I thought that Attorney Jennifer Abrams was very knowledgeable of the law and was able to fight for what was right. I am very pleased with her during this long and troubling case."
- Jason R.