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All You Ever Wanted to Know About Divorce, But Were Afraid To Ask

August 9, 2022 by Susan Paige

This article is about getting ready for a divorce, especially if you live in Las Vegas.  A lot of people who are having marital trouble are often ready to divorce, but don’t have a good sense of how to divorce or what the costs are. 

Not all divorces need a divorce attorney, but the best divorce settlements often come with an experienced divorce lawyer.  A good approach would be to find a good local attorney in your area, such as RightLawyers.com, who can assist you with your divorce.  Good attorneys can also help you navigate the costs of a divorce and help you to avoid costly mistakes. 

Most people are surprised to know there is more than one type of divorce. Understanding the difference between the two types of divorce can help you to determine the right plan of action. The two types of divorce are uncontested divorce and contested divorce and each one has a different procedure and cost to settle down.

Understanding an Uncontested Divorce

It is a simple divorce that involves an agreement between the spouses about issues related to the divorce settlement. In simple words, no contention arises between the spouse about child custody, financial assets, child support, or other relevant matters. One spouse can file a divorce petition to begin the process. The judge finalizes the divorce decree after the lapse of a fixed time if the other spouse does not file a counter-complaint. But it is advised to hire an uncontested divorce attorney to assist you with filing the complaint with all relevant documents.

Stages of uncontested divorce in Las Vegas

In Las Vegas, an uncontested divorce goes through the following stages.

  1. Preparation of divorce documents by one spouse
  2. Negotiations and general agreement between spouses about primary issues related to divorce — asset division, child support, custody, visitation, alimony support, etc
  3. “Joint Divorce Petition” is presented before the Judge for finalizing the divorce decree and signing

Understanding Contested Divorce

A contested divorce is a traditional divorce. In a contested divorce, the spouse does not agree to the divorce-related issues surrounding the questions like;

  • Child custody
  • Monetary division of assets
  • Spousal support
  • Child support

There are additional circumstances that also render a divorce contested. They are;

  • The desire of one spouse to end marriage whereas the other spouse opposes it.
  • Disagreement about fault-based divorce and no-fault-based divorce between spouses.

Comparatively to an uncontested divorce, a contested divorce has a lengthy litigation process and is expensive. From filing the divorce petition to obtaining a divorce decree, it is a long and cumbersome journey, and we are here to help.

Stages of uncontested divorce in Las Vegas

In Las Vegas, a contested divorce goes through four different stages. 

  1. The initial stage involves filing documentation and negotiations to settle.
  2. The second stage revolves around Case Management Conferences (CMC). Spouses can file for interim spousal support, temporary child support, and visitation schedule at this stage.
  3. The third stage involves recovery, that is, evidence gathering.
  4. The final stage involves trial and finalizing of the divorce decree by the Judge. 

Know Your Rights

The court procedure is rarely inexpensive and straightforward, but you can always seek a waiver for the filing fee of a divorce petition through an application to the Court if you can’t afford it. For a low-income or financially dependent spouse, temporary spousal support is affixed by the Court until it reaches a divorce decree. Similarly, Court can also order an interim child support and visitation schedule until it decides the matter. You will need to prepare the following documents to file a divorce petition.

Getting Your Paperwork Ready for Divorce

Each state has its laws regarding what qualifies as necessary documents for filing a divorce petition. Spouses who opt for “fault-based” contested divorce take the plea of one of the legal grounds — abuse, adultery, felony conviction, etc. However, a couple can also opt for a “no-fault” based divorce. In Nevada, you will need to prepare;

o Joint Divorce Petition

o Financial disclosure documents — property papers, asset details, bank accounts, credit card information, saving and investments, etc

o Proof of residency via witness affidavit

o Parenting seminar participation certificate

o Biodata of spouses 

o Biodata of children from the marriage

o Divorce decree

It can take up to 12 months to finalize an uncontested divorce, but it can go up to 18 months to pass a divorce decree for a contested divorce. It depends on the complexity of the contested issues as it varies from case to case.

Why Hiring A Divorce Lawyer is Necessary?

The divorce journey is a complex, exhausting, and mind-boggling procedure. Whether you have decided to go with a contested or uncontested divorce, it is wise to hire a divorce attorney to avoid legal mishaps. In divorce matters, time and cost are key determinants. Even though you can always present yourself in Court without an attorney, it is good to get the assistance of a qualified and experienced divorce to ensure you reach an equitable settlement with your spouse. It is especially true in cases where your spouse has a divorce attorney too.

How Much Can a Divorce Cost?

There is no hard and fast rule to determine the cost of divorce as each case is different, and the “one size fits all” rule does not apply. It is especially true in the case of a contested divorce. Right Lawyers offer a fixed price for divorce and child custody matters. The average cost for an uncontested divorce can range from $3,500 to $6000. Whereas, the cost of a contested divorce can range from $8,000 to $20,000.

 

Findlaw.com has a good listing of the costs of divorce, by US state.  Its worth checking out if you’re seriously considering getting divorced. 

For More Great Saving Advice articles, Read These: 

How Much Does A Divorce Really Cost?

Ten Reason You Aren’t A Millionaire, Hint: One Of Them Is Divorce

How Money Issues Kill Marriage

 

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