This is the next article in my series on the handling of divorce cases in our state in which the spouses agree on all issues. My last article discussed the residency and jurisdictional requirements for a “no fight” Nevada divorce. It is important to understand that, while our state only has a six week residency requirement to initiate a case, the Court will lack jurisdiction over many issues if there is disagreement between the spouses. This article will continue that discussion by explaining why complete agreement is required to utilize the uncontested process. If you or a loved one are in need of assistance then contact my office today to speak with a Las Vegas lawyer.
Nevada’s uncontested divorce process allows for spouses to quickly end a marriage as long as there is no disagreement on any topic. If there is disagreement on any issue, no matter how small it may seem, then the contested divorce process must be utilized instead. This is due to the fact that the Court does not grant a final divorce between the parties until all issues are resolved. In other words, the Court will not enter an Order stating that the marriage is dissolved while leaving outstanding issues to be litigated. There are multiple reasons for this, which go beyond the scope of this article. The important takeaway, however, should be that the parties should expect to utilize the contested process if there is any disagreement.
The foregoing should not be construed to mean that a divorce cannot be streamlined if there is some agreement between the parties. Suppose, for example, that the spouses agree on child custody and child support, but disagree on property division and alimony. Shortly after a case is filed, the Court will hold a case management conference. At this conference, the attorneys for each side will inform the Court of the issues that are agreed upon and the Court will set a trial date to decide any remaining items. The Court will then enter an Order regarding custody and child support, under this example.
It is strongly suggested that a spouse seek advice from an attorney when deciding whether an issue should be disputed or agreed to. It is, unfortunately, common for spouses to spend extensive time and to incur substantial legal fees in order to argue over issues which they are unlikely to be granted by the Judge. To put it another way, people often spend time and money arguing over issues which had a predictable outcome. An experienced attorney will be able to inform their client as to how the Court is likely to rule and, in such instances, accepting a settlement along those lines can save time, money, and aggravation.
If you are ending a marriage then contact my office today to speak with a Las Vegas divorce lawyer. I practice exclusively in the area of family law and I understand the gravity of such situations. I pride myself on providing a high level of representation and I look forward to speaking with you. I also serve those in the southern Nevada areas of North Las Vegas, Henderson, Boulder City, and Summerlin.