Contested vs Joint Petition for Divorce

contested divorce concept with lawyers and clients arguing at conference table

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 future ex-spouse agree on most issues, including child custody and visitation, child and spousal support, and the division of assets and debts.

In this blog post, we’ll explain 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.

While the parties attempt to resolve their issues, the court may issue temporary orders regarding the marital residence, temporary spousal support, custody, visitation, and other matters.

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. Your attorney may often submit final divorce documents to finalize the process without your court appearance

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 for divorce?

The fastest, least stressful, and most affordable way to dissolve a marriage is to file a joint petition for divorce.

Also known as a “mutual consent divorce”, filing jointly means both parties want to split up and agree on the most important issues. The spouses are open to negotiation as they work to reach a final marriage settlement agreement.

The joint petition for divorce process may be expedited, requiring only a few meetings, or it may necessitate numerous appointments over several months between both parties and their attorneys. Much depends on the complexity of the divorce and number of disputes involved.

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.


Divorce Lawyers in Nevada

Smith Legal Group will help you understand the most likely outcomes of a contested divorce vs. a joint petition divorce. You can learn more about how to end your marriage by contacting our Henderson, NV office at 702-410-5001 to request a free consultation.

Disclaimer: The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog post should be construed as legal advice. No reader of this post should act or refrain from acting on the basis of any information included in this blog post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.