Nearly every State in the U.S. will have their own particular divorce laws and procedures. Unlike some other countries, the United States allows each individual state to set their own ways a married couple can call it quits. This has led to some pretty strange laws to be passed over the last 100 years or so.
For instance, in Kentucky it is illegal for someone to remarry the same person four times, but not three. In Wichita Kansas, a wife cannot sue her husband for divorce based on his mistreatment of her mother. However, in Tennessee, if your spouse tried to kill you in a “malicious manner,” such as by poisoning, you will be allowed to sue for divorce. But the law doesn’t say anything about your spouse trying to kill you in a manner that is not “malicious.”
While some of the eastern states will have divorce and custody laws much different than here in Nevada, the difference between Nevada and California laws are minimal. There are times when you will need a Nevada divorce lawyer, and there are times when you might not. First, we will look at the different types of divorce in Nevada, so that you will understand what kind of divorce you might need to file.
The Types of Divorce in Nevada
There are two main types of divorce in Nevada. They are a contested divorce and an uncontested divorce. These types of divorce are just like they sound. If you and your soon to be ex-spouse cannot agree on everything that the divorce entails, such as child custody, alimony, the division of all the assets and debts and child support, chances are you will have to file the contested divorce paperwork.
If you and your spouse CAN agree on everything, you may be able to file the uncontested divorce paperwork. If this is the case, and depending on your particular situation, you may not need the services of a Nevada divorce lawyer, but more on that later.
After you have determined if you qualify for a contested or uncontested divorce, the next step is labeling your divorce based on whether or not there are minor children involved. Minor children “involved” in the divorce are children under the age of 18, and that are born of the marriage.
So now, you will have the type of divorce identified that you need. The type will be labeled “Contested Divorce with Minor Children,” or “Uncontested Divorce Without Minor Children,” etc.
Nevada Divorce Attorney for Contested Divorces
Normally when someone is involved in a contested Nevada divorce, they will need a good divorce lawyer. If the other spouse does not have legal representation, you may be able to try to go it alone; however, you may be risking losing out on a fair and equitable settlement. The reason for this is because one of the most important jobs that your lawyer can do, is create a complete and accurate accounting of all of the assets and debts that are involved in the marriage, as well as other evidence. If this accounting is not complete, you may be stuck paying bills that should have been split with your ex-spouse.
If your divorce involves minor children, the services of an experienced divorce lawyer is even more important. A final ruling on custody is very difficult to modify after it has been ordered by the judge. If the facts surrounding custody are not argued in court, then the judge will not have all of the evidence available before issuing a custody order.
Nevada Divorce Lawyer for Uncontested Divorces
If you and your spouse are fortunate enough to agree on everything the divorce entails, you will be in for a much quicker and easier proceeding than a contested divorce. Instead of filing a Complaint, you will just need to draft what’s called a “Joint Petition for Summary Divorce.”
This petition involves a great deal of paperwork that needs to be drafted in accordance with Nevada divorce law. While an uncontested divorce is much easier to get granted, and often doesn’t even require a court appearance, there is a great deal of forms and papers that need to be drafted correctly. If there is even one error in the paperwork, the divorce will not be granted until it is correct and re-filed.
If you feel like you are capable of doing this paperwork yourself, many larger district courts have packets you can print and fill out yourself. This is definitely a much cheaper option than hiring a Nevada divorce lawyer to draft the paperwork for you, but the chances of making a costly and permanent mistake are much greater.
Divorce attorneys charge much less for uncontested divorces than they will for contested matters. While it is possible to correctly file the uncontested paperwork yourself, it is generally a good idea to just hire a lawyer to draft the paperwork for you. This way you can be assured that it will be done correctly the first time, and that the final divorce decree will accurately represent the agreement that you have made with your soon to be ex-spouse.
Josh is writer and paralegal, with over 10 years of experience in family law, personal injury, criminal defense and more.