This is the next post in my series on how to file for divorce in the state of Nevada. My last article discussed Nevada’s residency requirement for those filing a divorce action. It is important to understand that our state may hear an action as long as an individual has lived here for at least six weeks. While residency is typically not disputed, there are instances where the Court may dismiss the case out of an individual attempting to claim they live here in order to avoid the divorce requirements of their home state. Disputes over residency can become complicated and it is important that you retain an experienced attorney to assist you. In this article I will discuss another important topic – how long a case may take and how much it is likely to cost. If you or a family member are in need of assistance then contact my office today to speak with a Las Vegas divorce lawyer.
If spouses are in agreement on all issues then a Nevada divorce may be obtained in a matter of days
Nevada’s “uncontested divorce” process allows for individuals to quickly dissolve a marriage if they are in agreement on all issues. As long as one of the spouses has resided in our state for at least six weeks, then this process may be completed by submitting a Joint Petition for Divorce to the Court. If there are no issues in the Petition, which raise a concern for the judge, then the Court will typically sign off on a final Divorce Decree quickly. The Decree will resolve all matters relating to the dissolution of the marriage, spousal support, the division of property, etc. The Decree will also deal with all matters related to child custody. It is important to understand that, in any case involving children, the parents must attend a mandatory class known as “COPE,” before they may file for divorce. This uncontested process allows individuals to divorce in our state faster than most, if not all, other states.
It is important to understand that the spouses must be in agreement on all issues in order to file for an uncontested divorce. If there is any disagreement, on any issue whatsoever, then the parties will be required to go through the contested process instead. An uncontested divorce can typically be completed by a Las Vegas lawyer for a flat fee and in a relatively short amount of time. If you are in need of assistance with this process then contact my office today to speak with an attorney.
Contested divorces can take significant time and will be more expensive than the uncontested process
If spouses are unable to agree on all issues in a divorce then they must go through the contested process. This is similar to any other lawsuit, except that the parties are going to Court over family law matters as opposed to other legal issues such as a car accident. Each side will be required to incur legal fees for an attorney and there are many other costs involved in litigating a case. How much the case will cost is going to depend on the size and types of disputes. If one party is hiding assets, for example, then it may be necessary to retain a forensic accountant to analyze financial records. Retaining such an expert would obviously increase the cost of litigation. If, on the other hand, the issues are relatively minor in nature then it may be possible to resolve the case before trial and, even if a settlement cannot be reached, such cases would likely be less expensive. This lower expense is due to the fact that cases involving non-complex issues may require less discovery. With that said, it is not uncommon for child custody cases to cost in the tens of thousands of dollars if the matter is hotly disputed.
If you or a family member are in need of legal assistance then contact my office today to speak with a Las Vegas divorce lawyer. I devote my practice to the handling of domestic relations law and I believe that everyone is entitled to aggressive representation. I understand that this is a serious time in your life and I will give your case the attention it deserves. Contact us online or by telephone today. I look forward to speaking with you.