This is the next article in my series on “quick divorces” in Las Vegas and other Nevada areas. My last article discussed filing for divorce when your spouse cannot be located. In such a situation, the spouse may be served through a process known as “publication.” It should be understood, however, that utilizing the publication process will take additional time. In this article I will be discussing why contested cases are unlikely to conclude quickly. An experienced attorney will help you with understanding what to expect from your given situation. If you are in need of assistance then contact my office today to speak with a lawyer.
I have previously discussed the topic of who should consider an uncontested Nevada divorce. As discussed in that article, the uncontested process is available for those who are in complete agreement on all issues. If parties are not in complete agreement on issues such as child custody, spousal support, the divisions of marital assets, etc., then they must go through the contested process instead. This contested process can take many months and sometimes more than a year. This can be due to disagreement over a wide range of issues or arguments over a single issue. What makes a case take a longer period of time will always depend on the specifics of the situation.
Consider the following example. Jill decides to file for divorce from her husband, Jack. The parties have a six year old child and Jill has been a stay at home mom for all of those years. Jack operates his own plumbing business and has several employees. The parties own a home, with a mortgage, and they have other various assets and debts. When the case is filed, Jill requests primary custody of the child, child support and spousal support, and for her share of community assets. Jack, on the other hand wishes to have joint custody and believes that spousal support should only be short-term as Jill has an advanced degree and should be easily employable. Also, Jill is claiming that Jack is distorting the reporting of business revenue to make his income seem lower.
Under the foregoing example, Jill will have to serve Jack with a Complaint and he will have several weeks to file an Answer. The parties will likely not have their first court appearance for another four to six weeks. If discovery becomes necessary, due to claims that Jack is hiding income and due to Jack needing to prove that Jill is not actively seeking employment, then that process may take several months. While all of this is ongoing, the attorneys for each side will be attempting to reach a settlement. This example shows that, the higher the level of disagreement between the parties, the more likely the case is to take a prolonged length of time.
An important step in the case is when the parties attend mediation. In any matter involving children, the parties are required to attend a mediation in regards to custody. If an agreement on custody and visitation can be reached, then the matter may settle more quickly. Also, while the parties are only required to mediate custody issues, they may also choose to attend a private mediation at which all issues can be on the table. In my experience, attending such a mediation can help to move the case forward. I have attended many such mediations with my clients.
If you are considering ending a marriage then contact my office today to speak with a Las Vegas divorce lawyer. I will give you an honest assessment as to how long your matter may take. I will also use your consultation to discuss the issues which may or may not delay your case. My firm practices solely in the area of family law and I understand that this is an important time in your life. Contact us online or by telephone today to schedule an initial consultation.