Las Vegas Divorce Lawyer
What Is Contested Divorce?
When spouses are facing a contested
divorce, it is usually because they cannot resolve issues that arise during a
divorce. Attorneys are hired, and the court is used to make final agreements
on things such as child support, the division of assets, and child custody.
A contested divorce is a longer and unfortunately, more expensive form
of divorce, but it is needed when spouses cannot amicably separate. The
more problems that are contested, the longer the divorce process takes.
When a divorce is fully contested, the court is in control of deciding
the spouses' futures. In some cases, spouses will begin the process
of a contested divorce, but with the aid of their attorneys, reach a conclusion
before the case goes to trial. This is called a settlement, and because
both spouses agreed to the terms, they cannot appeal.
Do you believe you may need a lawyer for a contested divorce?
Contact the divorce attorneys in Las Vegas at the Gordon Law Offices today.
The Contested Divorce Process in NV
A consented divorce can be extremely stressful. The first step is to meet
with an experienced family law attorney who has the ability to protect
your rights and speak on your behalf during the divorce process. A lawyer
can make the overall divorce experience less hectic, and may be able to
help file and fill out the necessary paperwork needed for a divorce. The
second step is to serve a divorce petition to your spouse. You can only
do this once your divorce petition is filed with the court, and the petition
can be mailed, served by a police officer, or served by a neutral third
party. If your spouse cannot be located, a notice must be published in
local newspapers, and you must wait a predetermined period before proceeding
with the divorce.
The third step is when your spouse responds to the divorce petition. They
have 30 days to respond to the petition, or else you may be able to obtain
a default judgment of divorce. Discovery is the fourth step in the divorce
process. This is when spouses obtain detailed information from each other
about marital assets, child custody, and any other relevant issues. Written
interrogatories, document requests, and depositions are needed in order
to gain said information. When the discovery phase is occurring, spouses
can request temporary orders for child support or alimony from the court.
Settlement is the next phase of the process. As stated above, it is easier
for spouses, attorneys, and judges if a settlement is made before the
case is brought to trial. If this is not an option, the case will proceed,
and a date will be scheduled for divorce court.
During the trial, the judge will listen to both sides of the case and come
to a decision regarding all possible problems. The amount of time this
process takes depends on how many issues you and your spouse are disputing.
When the trial is over and the judge has signed the divorce order, either
spouse has the ability to file a post-trial motion within 30 days of the
final judgment. The other spouse has 30 days to respond to this. If post-trial
motions are denied, a notice of appeal can be filed within 30 days of
the final judgment, or 30 days after the denial of the post-trial motion.
The spouse who has filed for an appeal has a few months to give the appropriate
paperwork to the appeals court. The other spouse has a month to file a
response brief. If the case is reversed after an oral argument in court,
it will be sent back to the trial court for further debate. If it is affirmed,
the divorce process is concluded.
Gordon Law Offices: Las Vegas Divorce Lawyers
Our father and son team at the Gordon Law Offices represent clients in
the Las Vegas, Nevada area who are dealing with any and all types of family
law issues. With over 60 years of combined experience, we have what it
takes to represent you and your case. We realize that every case and client
is different, and work with you to establish the best plan of action suited
to your needs. Contested divorces are not ideal for anyone, but sometimes
they are the only way to resolve issues that are brought about during
a divorce. We also strive to give the best legal representation for a
fairly low cost. Instead of charging an hourly rate or request a high
initial retainer, our firm usually charges a flat, fixed fee based on
your particular case stage. Our team wants to make the process less stressful
and emotional for you, and we will do everything in our power to help
you through this difficult time.