Henderson, Nevada is a great place to call home. Nestled perfectly between the excitement of the Las Vegas strip and the serene beauty of Lake Mead, this city is a true oasis in the desert. But even those who call this oasis home can find themselves embroiled in domestic angst. If that is happening to you, it may be in your best interest to visit a trusted, local family legal matters law firm. When it comes to divorce, speak with our proven Henderson divorce attorneys now.
Use our guide below to learn more about the divorce process in Nevada. Whether you need a Henderson uncontested divorce attorney or an attorney who handles contested divorces, we can help you protect and pursue your rights moving forward.
Trusted Henderson Divorce Attorneys Ready to Win Your Case
At Mills & Anderson, our Henderson divorce lawyers understand that making the decision to file for a divorce is never easy, even in the best of circumstances. A divorce is a significant life decision and one with a lasting impact. Even if you’re certain it’s the right decision, it can be a difficult and stressful time. This is even more true if your divorce is occurring under circumstances where emotions are running high between you and your soon-to-be ex-spouse, and many matters are contested. And let’s face it, even beyond being difficult, the divorce process can simply be confusing.
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Addressing First Things First
At Mills & Anderson, our Henderson divorce attorneys have a thorough understanding of these issues and how important these initial decisions are to how your divorce is ultimately resolved. We can put that experience and knowledge to work on your behalf as we advise you as to the best initial decisions to make with your long-term goals in mind. Let a proven Henderson divorce attorney handle your case. Contact us today.
Contested and Uncontested Divorce
Before proceeding with your divorce, it’s important to note that there are two types of divorce: contested and uncontested. Below, we will dive into the definitions of each and the differences between the two so you can better determine which path suits your situation.
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.
| Contested Divorce | Uncontested Divorce | |
| Agreement Between Parties | Unable to agree on all key terms of divorce | Both spouses reach mutual agreement on all key terms |
| Length of Proceedings | Generally take longer to finalize | Overall length of proceedings is generally shorter than contested divorce |
| Level of Conflict | More likely to be high-conflict and adversarial | Inherently less adversarial and contentious, as the parties are able to reach a mutual agreement |
| Cost | Can be more expensive due to additional motions, court filings, and extended lawyer fees that may not be necessary in an uncontested divorce | Typically less expensive due to shorter length of proceedings and fewer court filings |
| Court Involvement | The court decides key issues after considering evidence, testimony, and arguments presented by both parties | Less court involvement necessary, as the spouses will retain significant control over deciding key issues until they are presented to the court for approval |
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.
Call Our Skilled Henderson Divorce Lawyers
At Mills & Anderson, we have the knowledge and experience necessary to handle the most difficult, sensitive, and complex family legal issues cases in the Henderson County area. Our Henderson divorce lawyers understand and have handled a wide variety of divorce cases, both contested and uncontested, and in a wide variety of circumstances. We also provide support for the adoption process in which we have helped a lot of clients over the years. Whatever your particular circumstances are, we have the experience you need on your side. Please feel free to call us at any time to schedule a consultation with knowledgeable Henderson Divorce lawyers, so that we can learn your story and discuss the best path forward for your circumstances.
During your consultation, we’ll be able to explain the different stages of a divorce case and let you know how we’ll be able to help you through that process. Knowing that you’re trusting your case to a team with proven results will give you the peace of mind that you need. We look forward to the opportunity to serve you, and hope to speak with you soon.
FAQs
Do I Need a Henderson Uncontested Divorce Lawyer If My Divorce Is Not Contested?
No, you are not required to hire an attorney to represent you in your uncontested divorce. But, even if your divorce is uncontested, having experienced legal counsel in your corner can still benefit you in many ways. For example, an attorney can help you prepare and file your legal documents, negotiate settlement terms with your spouse or their legal counsel, and draft and finalize your divorce settlement agreement.
What’s the Difference Between Contested and Uncontested Divorce?
The primary difference between contested and uncontested divorce lies in how the spouses resolve their issues and reach their final divorce decree. In an uncontested divorce, both spouses will reach an agreement on all underlying terms of the divorce, including issues related to property division, alimony, and child custody and support (if applicable). Conversely, in a contested divorce, the spouses will not be able to reach a mutual agreement, meaning that the court will ultimately decide such issues.
How Can a Henderson Contested Divorce Attorney Help My Case?
As beneficial as it can be to have an attorney’s assistance with an uncontested divorce, the advantages are often even greater in the context of a contested divorce. Contested divorces can be complex, lengthy, and, in some cases, contentious. Thus, having an attorney who can provide sound legal advice and guidance, strategic planning, negotiation skills, and in-court representation can be invaluable to your case moving forward.
