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Las Vegas Contested Divorce Lawyer

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Without a doubt, a divorce can take an emotional toll on an entire family and not just the divorcing couple. The experienced Family Law Attorneys at The Hill Law Group and MyVegasFamilyLaw.com understand the stress a divorce can place on a family, which is why we approach each case with compassion and personal dedication. Our attorneys zealously advocate for our clients and make sure their best interest is addressed and maintained throughout the entire divorce process.

 

Contested Divorce Law

A divorce is contested when the husband and wife cannot settle such issues as spousal support, alimony, child custody or child support and an equitable division of their assets or debts.

In Nevada, you have to be a resident of the state for at least 6 weeks prior to filing your complaint for divorce. Nevada is a No-Fault state which means that fault is not taken into consideration when obtaining a divorce. One simply has to allege that you do not get along with your spouse and that you can no longer live together as husband and wife.

Beginning the Divorce Process

Divorce is an emotional and trying event. There are many issues which need to be taken into consideration when seeking a divorce. The first step is to hire a competent attorney such as The Hill Law Group to guide you through the process so you can focus on getting your life back. First you will need to make an appointment with The Hill Law Group so we can gather the appropriate facts to analyze your case and decide the appropriate course of action.

Your Lawyer needs to know:

  • How long the couple has been married.
  • Where and when the couple was married.
  • What type of assets and debts the couple has.
  • Whether the couple has children.

If minor children are involved, then the husband and wife will have to decide which parent will have physical custody of the children, when will the other parent visit the children.

Issues involving children can turn divorce proceedings into an acrimonious battle between the spouses, leaving the children caught in the middle. The Divorce Attorney will fight for their clients’ position regarding their children, yet advise them to settle their differences with their spouse in a civil manner for their children’s sake. While the court takes the parents’ arguments into consideration, a judge bases his or her final decision on what is in the best interest of the children.

Going to Court

With the information obtained from the spouse, The Hill Law Group will file a complaint for divorce in court. The spouse initiating the divorce becomes the plaintiff and the other spouse becomes the defendant and is served with the divorce papers.
After obtaining a lawyer, the defendant spouse can file an answer to the plaintiff’s divorce claims. The Hill Law Group will begin negotiations with the defendant’s attorney. Both lawyers will attempt to work out an equitable settlement, all the while making sure his or her clients’ rights and wishes are not violated.

In the event that the husband and wife cannot reach agreement on certain issues, the couple can ask for a trial before a judge to resolve the matters in dispute.

A trial is usually ordered when a couple has significant disputes over finances, property, or child custody and support issues.

How do I know if I need a lawyer for my divorce?

Everybody needs a lawyer for their divorce. There are many issues in a divorce that many people do not think about such as their retirement; what to do with their property; whether they have to leave their current residence; what to do with their furniture; what their rights are to their bank accounts; what they can do with the children; who makes the decisions regarding the children; what the holiday visitation schedule is going to be if they do divorce. There are a lot of pitfalls that, if you do not have an attorney to advise you of all your rights, you may absolutely lose something that you had a right to, or problems may arise down the road. After your case is completed, there are some things that cannot be undone, especially when it comes to property, banking accounts, retirement accounts, dividing the cars or spousal support. Once your case is done, it is hard to undo those things, or in some cases, account for these. That applies to child custody issues as well. You want to make sure that your final paperwork covers you for potential issues that may arise months, or even years down the road. Whatever final decree of divorce you end up with, it could potentially be in effect for several years, and you want to make sure your rights are protected from the date the divorce is final.

An attorney can make the process easier by making you understand all of your rights, what property you have rights to, and what your options are depending on the facts of your case. Regardless of what your friends tell you about the messy divorce their relatives went through, everybody’s case is different, and the only advice your should follow is that of an attorney like The Hill Law Group.

What are the grounds for divorce in Nevada?

Nevada is a “no fault” state. This means that you do not have to have any specific reason to get a divorce.  Basically, incompatibility is the main reason people apply for divorce.

Can the divorce be processed before dividing mutual assets?

While it is possible, the courts generally like to finalize everything at once. There are cases pending in court where a divorce is issued and people will go back to court for a hearing to resolve a couple of minor issues like property issues. But, generally speaking, the courts like to have every issue regarding your divorce resolved and finalized at one time.

What are the requirements for annulment?

As far as an annulment, there are two ways a marriage can be annulled.  One that is void and one that is voidable. You can get an annulment if either party was married to another at the time of their new marriage. That makes it a void marriage because of the pre-existing marriage of the other party.

Voidable marriage is the other way to get an annulment and is more difficult to obtain. You have to prove there was some type of fraud, some type of want of understanding or lack of consent of parent or guardian of a minor. Marriage is a legal contract and there are certain reasons you can void a contract. If you were married in Nevada, then you can apply for an annulment in Nevada. If you live in Nevada, and have done so for at least six weeks prior to filing for the annulment, then Nevada has jurisdiction to handle the annulment.

In Las Vegas there are times where you end up marrying somebody as a result of drinking and being “in the moment”. So, it is common in those situations to apply for annulment; but, you still definitely have to prove that you really did not understand that you were getting married just because Elvis was standing up there at the pulpit. This actually is a legitimate marriage and we do get those calls.

What is the difference between legal separation and divorce?

With legal separation you remain married, but are choosing to live separate from your spouse. You still file papers with the court which address how certain issues will be addressed during the separation like child custody, child support, child visitation, division of assets and debts, and spousal support. It may protect you from incurring debt or obligations which would normally be considered community debt.

What are the challenges in facing dissolution of marriage?

Any time a person is going through a divorce, it is a very emotional time for them. We think the biggest challenge people face is the first step of deciding if they should file for divorce or not. The emotional ties and the fact that the marriage to the person they loved at one point is now ending is one of the hardest decisions people face. They should not worry about how to file for divorce. They should hire the Hill Law Group to handle the legal side of the divorce process so that they can take care of themselves through this difficult time.

Does our case have to go to court?

Maybe. There are times when you do not have to go to court, but only is rare circumstances. The most common instance in which parties do not have to go to court is when they have reached an agreement on every aspect of their divorce, including property division, child custody, and spousal support.

When the parties cannot settle their disputes outside of court, then the only person who can make a final decision in their case is the judge and they may have to proceed to a trial. There are times when the court will set the case for different types of hearings and the parties may have to appear in court with their attorney.

When making a decision on whether to file for divorce in Las Vegas, consult The Hill Law Group so you can benefit from the legal experience of our Contested divorce Attorneys. Whether a divorce takes only a few months or more than a year, our skilled and compassionate lawyers will ensure that your case is resolved so that you can begin a new life.



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  • "Shauna's courteous professionalism was exemplified by the way she managed my case. Her responses to all my questions were always timely, along with those of her assistant...[more]"

    - Olga W.

    "Robert and Shauna both cared about my case and what I wanted. I did not feel like I was just a client, I knew they really cared about my case. They were honest...[more]"

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    "In Feb of 2012, I went to Shauna and Robert Hill for a Divorce. It was handled in a very professional manner. And was dealt with quickly. With their professionalism...[more]""

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