There are three distinct categories of divorce: 1) uncontested divorce (or joint petition); 2) contested divorce; and 3) collaborative divorce. In our practice we handle all types of divorce. An uncontested divorce is one in which the parties agree on property/debt division, child custody, child support and alimony. Our role in an uncontested divorce is limited to advising you in regard to Nevada law as it pertains to your case, occasionally negotiating with the other side to arrive at the most favorable and practical solution, answering basic questions and preparing and filing the legal paperwork necessary to obtain a decree of divorce. This option is the simplest and most cost effective way to obtain a divorce in Nevada. A decree of divorce in an uncontested divorce is typically entered in 2-10 weeks from the date of filing. Unfortunately, the other side sometimes makes this cost-effective and timely approach impossible and litigation becomes the only means to complete the divorce. A contested divorce is one in which the parties cannot come to an agreement on all issues relevant to the divorce process and are in need of resolution through the court system. If after initial negotiation attempts it is clear that the spouses will not reach an agreement, either on their own or through counsel, a complaint of divorce will be filed, which begins the formal litigation process. At every step after the filing of the complaint, we encourage negotiation and settlement. We do not encourage our clients to engage in litigation, as divorce litigation can be both expensive and emotionally draining. We do, however, understand that sometimes aggressive litigation is necessary to obtain an equitable result for our clients. We always advise our clients of the reasonable alternatives to engaging in a contested divorce. We take all steps necessary to decrease the acrimony between the spouses and encourage steps that are in the children’s best interests. The costs of engaging in a contested divorce vary depending upon the complexity of the marital estate, the acrimony between the spouses and the cooperativeness of opposing counsel. A divorce trial typically is had within 1 year of the date of filing the complaint. A collaborative divorce is a form of alternative dispute resolution for spouses who cannot come to an agreement on all issues relevant to the divorce process but who want to stay out of court. A team of divorce professionals, including divorce lawyers, financial advisors, mental health professionals and divorce coaches, combine their expertise to help divorcing spouses reach an agreement on how they will end their marriage. If a collaborative agreement cannot be reached, the parties are forced to start over in the court system by filing a complaint for divorce. The costs of engaging in a collaborative divorce vary depending upon the complexity of the marital estate, the acrimony between the spouses and their willingness to see the collaborative process through to the end. “Divorces involve real people and their relationships. They involve children and homes. They involve intensely personal emotions and memories. Every case is unique. Applying the same textbook approach to every case will not lead to the just and practical result. Every case deserves specialized thought and legal expertise.”
