Henderson Divorce Lawyers

Contested Divorce Defined

A contested divorce is one in which both spouses are unable to agree on one or more key divorce issues. This includes issues such as: 

• How they should divide marital assets and debts; 
• Whether one spouse will pay spousal support (alimony) to the other and in what amount; and
• How to address child custody, visitation, and support, if the couple shares children. 

If both spouses cannot agree on all terms of the divorce, including these or any other matters, the divorce is contested. 

Uncontested Divorce Defined

In an uncontested divorce, on the other hand, the spouses can reach a mutual agreement on all divorce-related issues. If the parties are ultimately able to agree on all terms, they may set forth their agreement in a marital settlement agreement. 

Once the parties have drafted and finalized their marital settlement agreement, they can then submit it to the court for approval. If the court approves it, the marital settlement agreement becomes part of the final order for dissolution of marriage. 

Differences Between Contested and Uncontested Divorce

Regardless of whether your divorce is contested or uncontested, there will still be some level of court involvement necessary. That said, there are a few key differences between the two types of divorce. Below are some examples of the distinguishing characteristics of each.

Understanding the Issues

During your divorce, you’ll encounter any number of issues that will need to be resolved. Some of the most common may include:

• Alimony: In Nevada, alimony can be awarded on either a temporary or a permanent basis and can be paid in either a lump sum or periodically. It can also be rehabilitative in nature, meaning that a spouse with more income is to provide financial support to the spouse who earns less in order to help that spouse adjust and become self-supporting.
• Child Custody, Visitation, and Support: If you and your spouse have children, your divorce action will cover all of these issues. These issues include not only the terms of the custody and visitation and the amount of support to be paid by one spouse to the other but can also include other issues related to insurance, payment of monthly bills, and more.
• Division of Property: Nevada is a “community property” state in which the assets and debts accumulated during the marriage are assumed to belong equally to the husband and wife. Accordingly, the property is usually divided as evenly as possible, though the law is complex regarding when the property was acquired, what type of property it is, and other important considerations.

As all of these issues can involve complex law, it is important to consult with a Henderson divorce attorney you trust to understand how the law applies to your particular circumstances.

A Closer Look at Child Custody

When a couple splits up in Nevada, the Court prefers that the parents have joint physical custody of the child or children until the divorce is finalized. That means that the child spends at least 40% of their time with each parent. This joint custody is presumed by the judge to be in the best interest of the child and will remain intact after the divorce if:

• The parents agree to this arrangement; or
• Each parent has demonstrated their desire to maintain a close relationship with the child and can demonstrate that they are available for at least 146 days of custodial time.

Speak with a Henderson divorce lawyer to know more.

Preferred Method of Resolution

The preferred approach to resolve the question of child custody is for parents to work out the terms of custody themselves. Some parents can reach this agreement on their own, but some may require guidance. Those that need help can attend mediation with a mediator to discuss the resolution of these issues.

The mediator will try to determine the desires of each parent individually, then bring them together to attempt to reach a compromise solution. If an agreement is reached, the mediator will prepare a written parenting agreement and submit it to the Court and the legal team for review and signature.

If no agreement is reached, the custody issue will be decided by a judge. The paramount consideration for the judge is the best interest of the child. To determine the best interest of the child, the court will consider the following factors:

• The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody.
• Any nomination of a guardian for the child by a parent.
• Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
• The level of conflict between the parents.
• The ability of the parents to cooperate to meet the needs of the child.
• The mental and physical health of the parents.
• The physical, developmental and emotional needs of the child.
• The nature of the relationship of the child with each parent.
• The ability of the child to maintain a relationship with any sibling.
• Any history of parental abuse or neglect of the child or a sibling of the child.
• Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child, or any other person residing with the child.
• Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child.