When you’re going through a divorce, you have a lot of questions: How long will this take? How much will it cost me? What if I can’t agree with my spouse about how to split our assets?
In Nevada, you have three options for getting divorced: mediation, arbitration, and litigation. Mediation and arbitration are more common because they’re less expensive and don’t require a court appearance. Litigation can be less stressful than other methods of divorce because it allows you to make all decisions yourself.
Divorce litigation is a process that allows you and your spouse to work out the details of a divorce agreement. If you’re going through a divorce, it’s possible you’ll go through litigation to resolve differences with your spouse.
The biggest drawback of going through litigation is that divorces can take up to two years to resolve in court—more than twice as long as mediation or arbitration cases take on average.
Hire a Divorce Attorney with Litigation Experience
Divorce litigation is a process that can be difficult to navigate. Carlson & Work family law attorneys understand the ins and outs of divorce litigation in Nevada and will help you through the process.
File for Divorce with the Court
The second step in divorce litigation is filing your divorce petition. Once you’ve filed for divorce, there are two options: contested or uncontested. If both parties agree on all issues in the divorce, it’s called an uncontested case. If there are disagreements about certain things, such as custody or property division, then it becomes a contested case. Contested cases are more complicated because they often involve disputes over a child or spousal support, among other things which may result in litigation.
Exchange Information Through Discovery
Discovery occurs before trial and is often the most important step of a divorce case. During this process, lawyers gather evidence and information from each party to better understand the complexities of the case. Information may come in the form of interrogatories, production of documents, request of admission depositions, and subpoenas.
Attorneys use this information for negotiations. If a settlement cannot be reached, then attorneys have this information ready to present in trial.
Discovery can be a lengthy process. Evidence is required so the attorneys and judge have a clear understanding of the couple’s finances and childcare responsibilities. Both parties must comply with requests for information and do so honestly and timely. Failure to provide necessary information will work against the spouse in their divorce case.
Trial and Other Court Hearings
At your divorce trial, your attorney will present evidence and make arguments about your case. Your attorney may call upon witnesses to support your claims. Each legal team will take time to cross-examine witnesses and make closing arguments. The judge will listen to both parties before coming to a decision.
During the trial, both spouses may have to attend additional hearings related to temporary child custody, child support, or spousal support.
The presiding judge will announce their final judgment at the end of the divorce trial. The final judgment includes legally binding decisions related to the divorce. The judge’s decisions are likely to include:
Once everything has been finalized in court, it’s time for each party to start getting their affairs in order before moving forward with their lives separately from one another. This includes things like dividing up bills between them so they don’t have any more surprises come tax season next year.
Carlson & Work Divorce Litigation Attorneys
At Carlson & Work, we know that your divorce will have a lasting impact on your life, and we believe in helping you find the best possible solution for all parties involved. Our trial attorneys specialize in complex child custody and visitation matters, business and asset division, and spousal support litigation. When you work with us, you can expect results.
Call our northern NV divorce lawyers today at (775) 386-2226 to discuss whether divorce litigation is right for you.