Divorce occurs when one or both of the parties decide they no longer wish to be married. The important detail here is that only one party is required to make this decision. Nevada does not require any grounds for divorce aside from incompatibility. You may have heard that Nevada is a “no fault” State. This means that the law does not require there to be an at-fault party to a divorce.
There are two types of Divorces; Contested and Uncontested.
A contested divorce proceeding can be one of the most contentious legal proceedings. A skilled Las Vegas divorce lawyer is a necessity when there are children and property at stake. One of the most common questions we get is “What makes a particular divorce contested as opposed to uncontested?”
When the parties are not agreeing on the terms of divorce or custody, this is generally what defines a matter as contested. The complexity of a contested divorce varies from the contested matter revolving solely around child custody; to a contesting of property, debt, physical assets, bank accounts, retirement accounts, alimony, etc. If you do not agree on all terms, your case is at least in part contested.
Contested proceedings can cost vastly more than uncontested ones due to the amount of motions needing to be filed and hearings that need to be attended. In many cases contested matters end up in trial. All it takes is one issue not agreed upon by the parties and the matters moves from uncontested to contested.
An uncontested divorce is a matter where the parties are in complete agreement on all terms of the divorce but want to be represented by an attorney either to make sure the process is done correctly, or for peace of mind. Uncontested divorces generally move along faster than ones that are contested, although many factors can affect the overall time frame of a divorce matter.
Many Family Law clients go into a matter thinking it is an amicable, uncontested legal issue, only to have the situation sour very rapidly into a heated contested divorce or child custody dispute.
If you think you may have an uncontested matter but want advice on whether the agreement is fair or complies with the law, you should schedule a meeting with a divorce and custody attorney for review of the agreement.