Movies and TV shows often depict Divorce as a lengthy legal battle where the splitting spouses fight tooth and nail to get what they want from the Divorce settlement. But ending your marriage doesn’t have to be so dramatic. You can even file for Divorce jointly if you and your soon-to-be-ex agree on most issues involving Child Custody and Visitation, Child Support, Spousal Support/Alimony, and the Division of Assets and Debts. Learn more about contested Divorce vs. Joint Petition Divorce to help you understand what road you may be headed down as you prepare to file for Divorce in Nevada.
What is a Contested Divorce?
When couples are unwilling or unable to agree on how their marriage should end, the Divorce is considered “contested.” In this case, one party files a complaint for Divorce and serves their spouse Divorce papers. The court may issue temporary orders regarding the marital residence, temporary spousal support, custody, visitation, and other matters while the parties attempt to resolve their issues.
Mediation is an important part of a contested Divorce. This involves meeting with a neutral third party to attempt to resolve matters without going to trial. If Mediation is successful, the couple submits a settlement agreement, and one or both parties attend a brief hearing to testify that the marriage is irrevocably broken, thus finalizing the process. Oftentimes your attorney may submit your final Divorce documents to the court and finalize the Divorce without you having to appear in court.
If Mediation is unsuccessful, the contested Divorce enters litigation proceedings. This involves asking a judge to make Divorce decisions. As the most complicated and time-consuming Divorce option, it’s critical for both parties to work with a family Divorce lawyer to promote the best possible outcome.
What is a Joint Petition Divorce?
Although the courts can certainly decide issues of custody, support, and property distribution, the fastest, least stressful, and most affordable way to dissolve a marriage is to file a Joint Petition for Divorce. Also known as collaborative or amicable Divorce, filing jointly means both parties want to split up and agree on the most important issues. For this process to work, the spouses must be open to negotiation as they work to reach a final marriage settlement agreement.
The Joint Petition Divorce process may be handled quickly, with both parties communicating with the attorney their negotiations, or it may involve a short series of meetings with both parties and their attorneys to discuss financial information, child custody, and other issues. Some couples only need a handful of meetings, while others require numerous appointments over several months, depending on the complexity of the Divorce and the number of disputes. Most Divorces end with couples compromising on an agreement that works for both of them to avoid the headaches and costs of a litigated Divorce.
Contact a Divorce Lawyer in Nevada
At Smith Legal Group, we know Nevada Divorce Law inside and out. Our team can help you understand the most likely outcomes of a contested Divorce vs. a Joint Petition Divorce to guide your decision on how to end your marriage based on your unique situation. Call us today at 702-410-5001 or contact us online to request a free consultation with one of our Divorce attorneys.