McFarling Law Group represents parties in all types of divorce cases. Whether your divorce is simple or complex, McFarling Law Group can help. We can offer top of the line representation for the best orders in all aspects of a divorce including asset division, alimony, child custody, and child support.
Jurisdiction in Nevada
Nevada has jurisdiction to grant a divorce when one or both parties is a resident of Nevada. If someone has just moved to Nevada, they must be physically present in Nevada for at least six weeks prior to the filing of a complaint for divorce and must intend to make Nevada their home.
The Legal Standard
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.
A contested divorce proceeding can be one of the most contentious legal proceedings. A skilled Las Vegas divorce attorney 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.
The contested divorce process can cost vastly more than uncontested proceedings 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.
How the Court Process Works
A complaint for divorce is filed by one party and served on the other party. The answering party has 20 days to answer the complaint. Thereafter, the court will set a case management conference to determine the pending issues and set the case for a trial. Starting 30 days after the complaint is served, both parties may begin the discovery process of obtaining information and preparing for trial. At the conclusion of the case, the court will grant the divorce and make orders on all other issues. Sometimes child custody is heard at an evidentiary hearing separate from and prior to a trial on financials.
Reaching an Agreement
The court will finalize a divorce at any time parties reach an agreement as to all the terms. If you need help negotiating an agreement or have reached an agreement and simply need to make sure the paperwork is done properly, McFarling Law Group can help.
Experienced Attorneys at Your Side
At McFarling Law Group, our lawyers are experienced in all family law matters, including contested divorces. If you would like to schedule a consultation with an experienced divorce lawyer in Las Vegas, NV area, call our office at 702.565.4335.