This article is being written to continue my discussion on how long a divorce may take in the state of Nevada. My last article discussed the general question of “how quickly can a divorce be completed?” In our state, uncontested matters may be wrapped up in one to two weeks while contested cases may take much longer. This article will continue that discussion by going further in depth by providing more detail on why contested cases may take the amount of time they do. An experienced attorney will give you an honest assessment of how long your matter may take. If you are in need of assistance, then contact my office today to speak with a Las Vegas lawyer.
The amount of time which a contested divorce takes will depend on the nature of the disputes
As I have discussed previously, parties must complete a contested divorce in our state if they are in disagreement on any issue. This is true even if there is only a single point of disagreement. The greater the level of dispute, however, the more the parties will be required to litigate the matter. For example, if there is a dispute over child custody, child support, visitation, and the division of property, then the matter is likely to take much longer than a case where the only point of contention is spousal support. One of the early steps in most cases will be for the Court to hear a Motion for Temporary Orders. If there are points of agreement, then the Court may resolve those portions of the case early. All outstanding issues will then have to be litigated.
Consider the following example. Jack and Jill have two children as well as substantial assets. They decide to divorce. The only point of disagreement between them is how to divide a sizable stock portfolio. At the initial hearing, they may inform the Court of their agreement on all other issues. The Court would then likely enter an Order regarding child custody, child support, alimony, and any property issues that have been agreed upon. The parties would then perform discovery and attend a trial on the issue of the stock portfolio. Quite often, “single issue” cases such as this can be resolved in a matter of months. If, however, there was no agreement on any issues, then discovery (the process by which information is gained in litigation) would be much more extensive. Cases which involve such a high level of dispute, over such a wide range of issues, may take up to a year (or more) to resolve. How long any particular case will take, however, will always depend on the specifics of the matter.
It should be noted that very few cases actually make it as far as a trial. One’s attorney will give them an honest assessment of how the Court may rule in their given situation. If one takes their attorneys advice, and does not litigate for the sake of litigating, the matter may resolve more quickly. Unfortunately, many individuals choose to litigate matters only to reach the same conclusion which their attorney could have predicted, and settled for, at the outset of the matter. Staying in contact with your attorney, and taking their objective advice, may help you to end your case sooner and to end up in the same place you would be if you took a longer route.
Mediation can be an important step towards resolving a contested Nevada divorce
Cases in our area will involve the spouses going to mandatory mediation if children are involved. This mediation is often successful in resolving any child custody issues. Quite often, however, it can be beneficial for the spouses to attend a private mediation which will cover all issues of the case and not just child custody. While most spouses enter mediation skeptical as to whether an agreement is possible, many leave having reached a compromise. It is generally advisable that, if one does attend mediation, that they not sign any documents until they have been reviewed by counsel. If the spouses are attending a private mediation then counsel will typically be present.
If you are ending a marriage then contact my office to speak with a Las Vegas divorce lawyer. I practice exclusively in the area of domestic relations law and I regularly handle contested divorces. I understand that this is an important time in your life and my firm will give your matter the attention it deserves. Contact us online or by telephone today to schedule an initial consultation.
I also assist those in the southern Nevada areas of North Las Vegas, Henderson, Boulder City, and Summerlin.