Contested divorces result when spouses are unable to reach an agreement on every issue in their case.
While Nevada is considered a "no-fault" state, meaning neither spouse can contest the dissolution of the marriage itself, the specific terms of the divorce are often contested, as they relate to Property Settlements, the lawfulness of a Prenuptial Agreement, Temporary Spousal Support, Alimony, and Child related issues.
We have handled a wide range of contested divorces. However, the overwhelming majority of contested cases end up settling as a result of negotiations and/or court hearings between the spouses and their Las Vegas divorce attorneys.
Our attorneys will begin your case with a comprehensive, personal consultation to determine the details of your case and your legal rights. If you live out of state, or for some other reason, cannot make the in-person consultation, we can conduct this meeting via teleconference.
In all cases, preliminary documents must be filed with the court, which typically include a Summons, Complaint, and Joint Preliminary Injunction. Depending on your individual circumstances, additional documents may need to be filed.
Serving Your Spouse
After your initial filing, the divorce documents must be served upon your spouse. We are very mindful in carrying out this step, called service of process, because it can establish the emotional tone of your case.
Discovery is the process in which your attorney compiles all of the information that is important to your divorce matter. While many spouses think they have an option whether to provide information requested of them during this process, they are required to do so by law. In the event a spouse chooses not to voluntarily comply, we can obtain the information by issuing subpoenas and/or taking depositions or we can compel your spouse to produce the information requested.
Discovery is a time-consuming process, and can last several months in some cases, depending how much information needs to be obtained in addition to how your attorney obtains it. Depending on the circumstances of your case, we may work with Business Valuators, Forensic Accountants, Child Custody or other independent experts, to help establish all of the information needed to ensure your case is well prepared. The Clark County Family Court has certified all of our experts.
Concluding Your Case
Contested Divorces are resolved in one of two ways: Negotiated Settlement or Trial Litigation.
A Negotiated Settlement is a settlement reached after negotiations between both spouses' attorneys. In divorces where both spouses want to resolve the matter efficiently and with little dispute, a negotiated settlement can be made any time during the case. But when a spouse in untrustworthy and dragging out the discovery process, or they refuse to settle, it may be in your best interest to go to trial.
Negotiated settlements have major benefits over going to trial, namely the outcome is predetermined and you can tailor the settlement to benefit you. More than 93% of the Contested Divorce matters we handled were resolved through negotiated settlement. But be assured that we never advise a client to make undue concessions in the interest of settling their case.
In the event that negotiated settlement is not an option in resolving your divorce, the case will go to trial. A Clark County Family Court Judge will preside over the trial, meaning no jury will be involved. Our experienced Las Vegas divorce attorneys are prepared to take your case to trial should other means of resolution fail.
Our attorneys will keep you informed of all developments throughout your divorce matter. You will be asked to review all filings, participate in the determination of how, when and where the divorce papers will be served upon your spouse, and kept apprised on all contact we have with your spouse's attorney. We also encourage our clients to participate in all meetings including conferences, depositions, and court hearings.
Legal Fees and Costs for Contested Divorces
The amount you will pay varies, depending on how much is at issue in the case, the level of conflict between you and your spouse, the amount of legal work involved, the duration of the case, and other factors. read more.