Contested Divorce Overview: Types of Nevada Divorce
There are two types of divorce in Nevada. The first is an Uncontested Divorce. In this case, the spouses file a Joint Petition for Divorce and agree on all the issues. If the spouses disagree on something* then they would have a Contested Divorce.
Requirements for Divorce in Nevada
A person can get a divorce in Nevada if he or she has lived in Nevada for at least six weeks before filing for divorce and if he or she has Grounds for Divorce. The Grounds for Divorce are incompatibility, the insanity of one spouse for two years before the divorce proceeding, and the spouses living separately for over a year. Most divorce cases in Nevada list incompatibility as their reason for divorce. Unlike states like New York, Nevada is a no-fault divorce state, which means that incompatibility is a catch-all and a spouse doesn’t have to prove something like adultery or cruelty in order to obtain a divorce – all that is required is that the spouses are no longer able to live together happily.
Contested Divorce Process
A contested divorce in Nevada begins when the Plaintiff files a Complaint for Divorce. Immediately after they file, a Joint Preliminary Injunction is automatically issued by the court. This prevents the Defendant from improperly using or transferring community property before the Divorce is finalized. The complaint is usually followed by a motion that contains the history of the case and asks the judge for a ruling in the Plaintiff’s favor. Then the parties will go to a motion hearing and represent their side of the story to a judge.
The Defendant gets to respond to all documents that the Plaintiff files, with their own documents. This allows the Defendant to tell their side of the story. The Defendant can also file his or her own motions.
A contested divorce is as diverse as the parties involved. The judge can make a final ruling at the first motion hearing and close the case, or send the parties to an evidentiary hearing. The parties can be ordered to mediation, or for drug testing and counseling.
Laws Regarding Contested Divorce
The Nevada Revised Statutes** state that divorce proceedings can be kept private, and documents in a divorce can be sealed upon request. The statute also states that a divorce is “not subject to contest or attack by third persons not parties to divorce.” This means that a person who is not you or your spouse can’t argue against a divorce that has been granted.
Contested Divorce with Nevada Litigation Group
Though a Contested Divorce can take longer and be more expensive and complicated than an Uncontested Divorce, no one should feel forced to settle for a Joint Petition with which they do not agree because of financial issues. Nevada Litigation Group offers free initial consultations, low down payments, and convenient payment plans. No matter your income, Nevada Litigation Group can work with you to make sure you get a fair divorce settlement. our attorney is an aggressive attorney who has handled hundreds of divorce cases.
How do I get a free consultation?
To schedule your FREE consultation, call (702) 476-9629.