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How to Fight a Divorce in Nevada

Your spouse has filed a petition for a Nevada divorce

Now what? 

When the time comes that you get served divorce papers, there are a few key things to know to protect your rights. 

Here’s what to know on how to fight a divorce.

How to Fight a Divorce in Nevada

Contested vs. Uncontested divorce

Nevada has two main types of divorces—contested and uncontested divorce

The quickest way to end a marriage is through an uncontested divorce. Also known as a joint petition, uncontested divorces are for when the couple agrees on all issues. These divorce-related issues range from child custody to the division of marital property.

Not all couples can agree on things related to an end of a marriage. A contested divorce happens when spouses can’t reach an agreement. Since both spouses cannot resolve the terms alone, they end up in a family court instead. 

Generally, contested divorces are more expensive.

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Reasons to Contest a Divorce

Contesting a divorce takes time and effort, but sometimes it is necessary to fight a divorce. The help of a judge and a Las Vegas divorce attorney can help ensure that your rights and finances get protected.

Here are a few reasons to contest a divorce.

For the Best Interests of Your Children

If you disagree with your spouse’s plan for child custodial, you should contest the divorce. The court gives a ruling on visitation and custody instead. 

The Nevada court usually tries to give both parents time with their children. But a judge will always focus on a ruling that serves the child’s best interests. 

Factors they consider when making a ruling include:

  • The physical and emotional needs of the child
  • The parent’s ability to provide for the child
  • The child’s wishes, should they be of proper age and maturity
  • Any previous acts by a parent that problems with the parent-child relationship

For Demanding Spousal Maintenance

If you gave up money opportunities to focus on your family, you might deserve alimony

Your spouse may be against providing post-divorce financial support. You can contest a divorce and prove to the court that you deserve maintenance or alimony.

On the other side, maybe your spouse is demanding alimony. If you cannot afford alimony, if you have a short-term marriage, or if your spouse does not need alimony, you may need to fight the divorce to protect yourself from having to pay alimony.

To Protect Yourself Against Concealment of Assets

It is not uncommon for spouses to hide their assets during a divorce process. If they hide their property from the court, the judge can’t consider the value of these assets. Thus, the court can no longer divide marital property. 

A contested divorce ends up in litigation. This fact can allow you access to discovery tools to identify all properties in question.

If Your Spouse Doesn't Want to Compromise

During a divorce, you might face unrealistic expectations from your spouse. If it’s impossible for both of you to compromise, you can request a ruling from the court. 

Contested issues can involve almost anything that can become a point of contention. It can be alimony, finances, the family home, and more. Contesting a divorce helps to avoid a one-sided or unfair settlement.

What to Avoid Doing During a Divorce?

There are a few things that people get wrong about how to fight a divorce. 

Here are some mistakes you should avoid if you don’t want to get the short end of the stick.

Hiding Your Assets

The consequences of being untruthful about property division in divorce can be severe. You will face severe legal consequences. These penalties include contempt of court and prosecution if you lie under oath. You may also end up giving your spouse 100% of the asset you tried to hide.

Bad Mouthing Your Spouse

Such unwarranted behavior will likely earn you a negative reputation in court. You may also jeopardize your chances of obtaining child custody. 

The court decides which parent will foster a healthy relationship in such cases.

Allowing Your Emotions to Take Over

Allowing your emotions to take control can cause the divorce to drag on longer. That then increases your financial and emotional burden. 

It can also lead to making poor choices with long-term consequences.

Learn More About How to Fight a Divorce

Seek legal counsel now from our experienced divorce attorneys. Call us at (702) 433-2889, or fill out our online form for more information.

Frequently Asked Questions

Why should I hire a divorce lawyer?

Hiring a divorce lawyer is highly recommended because they possess the expertise and experience to navigate the legal complexities of divorce proceedings. They can provide valuable guidance, handle paperwork and negotiations, protect your rights and interests, and advocate for your case's best possible outcome.

What is considered separate property in a divorce?

Separate property typically refers to assets or property acquired by either spouse before the marriage, received as a gift or inheritance during the marriage, or specifically designated as separate through a prenuptial or postnuptial agreement. Unlike marital property, which is subject to equitable distribution, it is generally not subject to division during divorce proceedings.

How are minor children affected during a divorce?

Divorce can have a significant impact on minor children. Custody and visitation arrangements must be determined, and decisions regarding their well-being, education, and healthcare must be made. It is essential to prioritize the children's best interests during this process, and parents can work with their attorneys and, if necessary, the court to establish fair and appropriate arrangements that promote the children's well-being.

What is a joint petition for divorce?

A joint divorce petition, also known as an uncontested divorce, occurs when both spouses mutually agree to end their marriage and resolve all related issues outside of court, such as property division, child custody, and support. This collaborative approach generally leads to a smoother, faster, and more cost-effective divorce process as both parties work together to reach an agreement.

How do I file for divorce?

To file for divorce, you typically need to complete and file a petition for divorce with the appropriate court in your jurisdiction. The specific process may vary depending on your location. It is advisable to consult with a divorce lawyer who can guide you through the necessary steps, ensure the correct paperwork is filed, and represent your interests throughout the divorce proceedings.

What is legal custody in a divorce?

Legal custody refers to the right and responsibility of a parent to make significant decisions regarding their child's upbringing, such as education, healthcare, religion, and general welfare. It can be awarded to one parent (sole legal custody) or shared between both parents (joint legal custody). Courts aim to promote the child's best interests when determining legal custody arrangements during a divorce.

Further Reading

For our readers navigating through the complexities of divorce, it’s crucial to have access to reliable resources. Our lead attorney, Molly Rosenblum Allen, Esq., has not only been a pillar of support for many but has also created an array of resources to guide you during these challenging times. Here’s a list of valuable resources she has developed, each addressing key aspects and common concerns regarding divorce proceedings:

  1. Las Vegas Divorce Attorney: A comprehensive guide for those seeking divorce counsel in Las Vegas, offering in-depth information and assistance. Learn More.

  2. Nevada Divorce: Understand the specifics of getting a divorce in Nevada, including legal requirements and procedures. Learn More.

  3. Surviving Divorce: A resource aimed at providing support and strategies to navigate the emotional and practical aspects of a divorce. Learn More.

  4. What Happens If You Don’t Sign Divorce Papers: This guide addresses the implications and possible courses of action if a spouse refuses to sign divorce papers. Learn More.

  5. Do I Need an Attorney to Get a Divorce: A helpful resource for those contemplating the necessity of legal representation in their divorce. Learn More.

  6. What is a Collaborative Divorce: An overview of collaborative divorce, a method aimed at resolving disputes amicably outside the courtroom. Learn More.

  7. How to Win a Divorce: Insights and strategies on navigating the divorce process successfully. Learn More.

  8. Switching Lawyers During Divorce: Guidance for those considering changing their legal representation mid-divorce. Learn More.

  9. How Long Does a Divorce Take in Nevada: Information on the timeline one can expect for a divorce process in Nevada. Learn More.

  10. High Conflict Divorce: Insights into navigating through a divorce involving high levels of conflict and disagreement. Learn More.

  11. Questions to Ask a Divorce Lawyer: A comprehensive list of questions to consider asking a divorce lawyer to ensure you are well-informed and prepared. Learn More.

Molly Rosenblum Allen, Esq. is committed to providing assistance and clarity during these trying times through these meticulously prepared resources. Whether you’re at the beginning of the process or facing specific challenges, these guides can be an invaluable source of information and guidance.

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Offsite Resources You May Find Helpful

Here are seven offsite resources that provide information about contesting a divorce in Nevada:

  1. Nevada State Bar: The official site of the Nevada State Bar, providing resources about various legal topics including divorce.

  2. FindLaw: This online resource provides free legal information, a directory of lawyers, and other resources on a wide range of legal topics, including divorce law in Nevada.

  3. Justia: A platform that provides free legal information and a directory of attorneys for various legal issues, including divorce.

  4. Avvo: This website provides a directory of lawyers, legal advice, and other resources on a broad range of legal topics, including divorce.

  5. American Bar Association: The ABA provides a variety of resources on legal topics, including information on divorce proceedings.

  6. LegalMatch: This online legal matching service helps individuals find lawyers in their area, including divorce attorneys in Nevada who can help contest a divorce.

  7. Nolo: This website provides legal information to consumers and small businesses, including articles, blogs, FAQs, and news on family law and divorce proceedings.

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What's Next?

Divorce can be confusing and complicated, but the right lawyer makes all the difference.

At The Rosenblum Allen Law Firm, we have years of experience helping Las Vegas residents with their divorce cases.

Our lawyers are friendly and understanding – they will listen to your needs, answer any questions, and provide legal advice that works for you.

We also strive to get efficient results in every case; no matter how complex the timeline is, our experienced team always gets things done correctly!

So if you need legal expertise when going through a divorce in Las Vegas, don’t hesitate!

Pick up your phone today and call (702) 433-2889 – let us help make this painful process easier by providing top-notch service tailored specifically for each client.

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