This is the next post in my series on understanding whether it is best for a Las Vegas resident to go through the uncontested divorce process. My last article provided an overview of topics which this series will be addressing and stressed the need to speak with an attorney in order to determine your best course of action. A family law lawyer can help you determine whether to use the contested or the uncontested process. In this article I will discuss an important topic – whether one’s situation is overly complicated for the uncontested process. If you are unsure of how to proceed then contact my office today to schedule an initial consultation.
I have previously discussed how property issues are handled in uncontested divorces. It is important to understand, however, that issues must be fully agreed upon for parties to utilize the uncontested divorce process. If there is any disagreement, over any issue, then parties will need to file for a contested divorce instead. Parties with complicated financial issues may have a harder time coming to an agreement. If, for example, the parties started a business together then there may be disagreement today as to how that company should be valued. Likewise, if the parties invested in real estate, stocks, or other assets then there may be disagreements over whether those investment assets should be considered “community property” or “separate property.” Disagreements over valuations can lead to a difference of property distribution which may range from tens of thousands to hundreds of thousands of dollars. This is why a party with complicated financial issues should be sure of all of their facts before entering into any type of agreement.
Another situation which makes uncontested divorces problematic is when a party cannot be sure of their future situation. Future uncertainty may result in the parties quickly going back to Court. Examples of this can include spouses with an uncertain job future and who also have children. If a parent loses his or her job then it may render their visitation order unworkable. The loss of a job can also lead to problems with spousal support, child support, and one’s ability to pay their share of community debts. These are just a few examples why those with uncertain circumstances should fully consider all of their options before entering into an uncontested divorce agreement.
If you are unsure as to whether an uncontested divorce is in your best interests then it is important to consult with a family law attorney. I devote my practice to the handling of domestic relations cases and am experienced in such matters. Contact my office today to speak with a Las Vegas lawyer.