Las Vegas Divorce Attorneys
Fighting for Your Rights & Interests During Divorce
It's no secret - going through a divorce is hard. Depending on the circumstances of your divorce, your financial stability and personal relationships may be on the line. You deserve an attorney who understands Nevada divorce law inside and out - and we're here to deliver.
At Bremer Whyte Brown & O'Meara, our Las Vegas divorce attorneys have experience helping clients navigate both contested and uncontested divorces. We'll work with you to ensure you find the best path forward in your case.
To work with one of our experienced divorce attorneys today, contact us online or via phone at (702) 297-5750.
The Requirements to Divorce in Nevada
To file for a divorce in Nevada, one of the spouses must have lived in the state for at least six weeks. You can file for divorce either in the county where you reside, the county where the other person resides, or the county where you last lived together as a married couple.
Nevada is a no-fault state, meaning that you don't need to cite any specific reason for your divorce other than simply stating there are “irreconcilable differences.”
What the divorce process looks like for you will largely depend on whether you file for an uncontested or contested divorce.
Understanding Uncontested & Contested Divorce in Nevada
If you and your spouse agree on terms for your divorce and all divorce-related issues such as property division, child support and custody, and alimony, you can file for an uncontested divorce.
Alternatively, if you disagree on any aspect of the divorce, you must file for a contested divorce.
Couples filing for an[LU1] uncontested divorce can either file a joint petition or can file their pleadings independently. Although it may seem like a good idea to file for divorce without an attorney if all issues are resolved, often times parties do not place the “what if” provisions in their jointly filed paperwork and face substantial costs later to fix their orders. If all issues are negotiated and resolved, our attorneys can assist you in your uncontested matters to ensure that you do not have to re-litigate to fix errors in your paperwork.
Alternatively, couples filing for a contested divorce must file their own independent pleadings.
The party that files for the divorce is typically called the "Plaintiff," while the other party is the "Defendant." For the most part, there is no benefit to being the “first to file” party.
The litigation process often involves attending court hearings to establish temporary orders, which determine how issues such as child custody will be handled as the divorce is ongoing. Eventually, the parties will attend a trial where they and their legal representatives present evidence to the judge presiding over the case. The judge uses the trial to issue a Decree of Divorce laying out terms for the divorce that the court considers equitable and finalizes the dissolution of the marriage.
It's important to note that a contested divorce can transition into an uncontested divorce over time. For example, suppose two parties who initially filed for a contested divorce can resolve their differences outside of court using a method of alternative dispute resolution (ADR) such as mediation. In that case, they can then stipulate to the terms of a Decree to dissolve their marriage without needing to litigate it in court.
Depending on whether parties can agree on how to handle the dissolution of their marriage, a divorce can resolve itself quickly or a substantial time to finalize.
At Bremer Whyte Brown & O'Meara, our experienced Las Vegas divorce attorneys are here to ensure you pursue the best possible outcome in your divorce.
To schedule a consultation with our team, contact us online or via phone at (702) 297-5750.