How to Fight a Divorce in Nevada

Nevada’s divorce process might seem straightforward, but fighting a divorce can be complex. Knowing the basic laws can help you understand your options.

Grounds for Divorce

Nevada is a “no-fault” divorce state, which means you don’t have to prove wrongdoing like adultery or abandonment. The most common ground for divorce is “incompatibility.” Other reasons include living apart for more than a year or insanity.

Residency Requirements

To file for divorce in Nevada, at least one spouse must have lived in the state for a minimum of six weeks. This can be proven by providing a Nevada address and getting an affidavit from a witness who can verify the residency.

Types of Divorce

There are two main types of divorce in Nevada: contested and uncontested. It likely falls under the contested category if you want to fight a divorce.

Contested Divorce

In a contested divorce, spouses disagree on critical issues like asset division, child custody, or alimony. These divorces usually end up in court, where a judge makes the final decisions.

Uncontested Divorce

In an uncontested divorce, both parties agree on all terms. Since you are fighting a divorce, this scenario probably doesn’t apply. However, knowing that an uncontested divorce is quicker and less costly is essential.

Steps to Fight a Divorce in Nevada

Responding to the Divorce Petition

The first step in fighting a divorce is to respond to the divorce petition filed by your spouse.

Filing an Answer

Once you’ve been served with divorce papers, you must file an official response, called an “Answer.” This document allows you to present your side of the story. If you don’t respond, the court could rule in favor of your spouse by default.

Timeframe for Response

After being served, you have 20 days in Nevada to file your response. Missing this deadline could seriously hurt your case, so acting quickly is essential.

Challenging the Grounds for Divorce

If you’re trying to stop the divorce altogether, you’ll need to challenge your spouse’s reason for wanting a divorce.

Disproving Incompatibility

Since incompatibility is often the reason for divorce, you could argue that the marriage is still workable. This is not easy to prove, but it might buy you more time for mediation or counseling.

Addressing Mental Health or Insanity Claims

If your spouse is claiming mental health or insanity as grounds for divorce, you could challenge this by showing evidence that contradicts the claim. Medical records, witness testimonies, or effective opinions may be needed.

Requesting Mediation or Counseling

Sometimes, courts might allow couples to try to work things out before finalizing the divorce. This can be useful if you’re not ready to end the marriage.

Benefits of Mediation

Mediation involves a neutral third party who helps you and your spouse agree. It can slow down the divorce process and provide a chance to resolve issues outside court. Mediation may lead to a more favorable outcome even if you can’t stop the divorce.

How Counseling Can Delay Divorce Proceedings

If you’re open to saving the marriage, requesting counseling can delay the divorce. Courts may grant time for couples therapy if there’s a chance reconciliation is possible. While not guaranteed, it could offer a temporary pause on proceedings.

Legal Defenses in Contested Divorces

When you fight a contested divorce in Nevada, the court will decide on various issues like property division, child custody, and alimony. Knowing what legal defenses you can use to strengthen your case is essential.

Disputing the Division of Assets

One of the most common battles in contested divorces is over property. In Nevada, assets are typically split between spouses, but not everything is up for grabs.

Identifying Separate Property

Nevada is a community property state. This means that any property acquired during the marriage is usually split 50/50. However, some items are considered separate property, such as:

• Assets you owned before the marriage
• Gifts are given only to you
• Inheritances

If you can prove certain assets are separate, they may not be divided. Keep records like purchase agreements, bank statements, or any documentation that shows the property belongs to you alone.

Arguing for Fair Distribution of Community Property

While the law says community property is split evenly, you can argue for a different division. Maybe you contributed more financially or made sacrifices for the marriage, like staying home to care for children. A judge may consider these factors and adjust the distribution in your favor.

Fighting for Custody of Children

Custody battles are often the most emotional and complex part of a divorce. In Nevada, the courts make custody decisions based on what they believe is in the “best interests of the child.”

Best Interests of the Child Standard

To fight for custody, you must show that your involvement is in the child’s best interest. The court considers several factors, including:

• Each parent’s relationship with the child
• The child’s needs (emotional, physical, and educational)
• The mental and physical health of both parents
• Any history of domestic violence or substance abuse

Joint vs. Sole Custody Arguments

Joint custody means both parents share decision-making responsibilities. Sole custody gives one parent complete legal control over the child’s life. If you’re seeking sole custody, be prepared to provide strong reasons why your spouse shouldn’t have shared custody, such as concerns about safety or stability.

Alimony Disputes

Alimony, or spousal support, can be a significant issue in contested divorces. If your spouse seeks alimony, you have the right to fight against it.

Challenging Alimony Requests

Nevada courts consider several factors when awarding alimony, such as the length of the marriage, the financial situation of each spouse, and their ability to earn a living. If your spouse is asking for alimony, you can challenge it by arguing that:

• Your spouse can support themselves through employment
• You don’t have the financial means to pay
• The alimony request is excessive

Delaying or Stopping the Divorce Process

If you’re looking to slow things down or stop the divorce altogether, you have several legal options to consider.

Temporary Orders

Temporary orders are court-issued decisions that stay in place until the final divorce is settled. These can cover child custody, alimony, and who stays in the family home.

Requesting Temporary Relief

You can request temporary relief to protect you while the divorce is being fought. This could include:

• Temporary child custody arrangements
• Temporary spousal support
• Temporary use of specific marital property (like a car or home)

These orders help keep things stable while you work through the divorce process.

Impact on Final Divorce Decisions

Temporary orders don’t necessarily reflect the outcome but can influence the judge’s decision. If a temporary custody order works well, for example, it might be made permanent. That’s why fighting for favorable temporary orders is so important.

Filing a Motion to Dismiss

In some cases, you might be able to stop the divorce altogether by filing a motion to dismiss. This is essentially asking the court to throw out the case.

Grounds for Dismissal

To successfully dismiss a divorce case, you typically need legal solid grounds, such as:

• Lack of jurisdiction (if your spouse doesn’t meet residency requirements)
• Fraud or misrepresentation in the filing
• Reconciliation between you and your spouse

These grounds can vary, and it’s best to consult with an attorney to determine if this option is realistic for your case.

Success Rates of Dismissal Motions

Motions to dismiss are not often granted, but they can be effective if you have solid grounds and sound legal representation. Even if the court doesn’t entirely dismiss the case, it can slow down the process, buying you more time.

Appealing the Divorce Decision

If the court rules against you, appealing the decision is another way to continue fighting.

Grounds for Appeal

Appeals are typically based on legal errors made during the original divorce trial. You can’t simply appeal because you didn’t like the outcome. Some common grounds include:

• Misinterpretation of the law
• Procedural errors
• Evidence that wasn’t properly considered

Timeframe for Filing an Appeal

You must file an appeal in Nevada within 30 days of the final divorce decree. If you miss this deadline, you lose the right to appeal. It’s a time-sensitive process, so you must act quickly if you plan to go this route.

The Role of a Divorce Attorney in Fighting a Divorce

Having the right attorney can make all the difference when you fight a Nevada divorce. The legal process can be overwhelming, and an experienced attorney can help guide you through it.

Importance of Legal Representation

A solid legal defense requires more than just filing paperwork. A skilled attorney protects your rights and interests in a divorce.

How a Lawyer Can Strengthen Your Case

A divorce attorney does more than represent you in court. They can:

• Help you understand your legal options
• Negotiate with your spouse’s attorney on your behalf
• Draft and file legal documents accurately
• Present evidence and build a strong argument for your case
• Navigate complex areas like property division and child custody

A reasonable attorney is your advocate, ensuring your side of the story is heard. They can also shield you from mistakes that might weaken your case, like missing deadlines or filing incomplete forms.

Managing Court Procedures and Deadlines

The legal system is complete of deadlines, procedures, and rules that can be confusing. Your attorney will handle these details, ensuring everything is submitted on time and follows the proper legal steps. This is especially important when fighting a contested divorce, where every misstep could put you at a disadvantage.

Hiring an Attorney Experienced in Contested Divorces

Not all divorce attorneys are the same. When fighting a divorce, you need someone experienced with contested cases and skilled in courtroom advocacy.

Essential Qualities to Look For in a Divorce Lawyer

Here are some traits to look for when choosing a lawyer to fight your divorce:

• Experience in contested divorces: Not all lawyers are familiar with courtroom battles. You need someone who has successfully handled contested cases.
• Strong communication skills: Your lawyer should be able to explain things clearly and keep you updated on the status of your case.
• Attention to detail: A reasonable attorney will dig deep into the facts of your case and pay close attention to the details that could make or break your arguments.
• Confidence in court: If your divorce goes to trial, you need an attorney who is comfortable presenting evidence and cross-examining witnesses before a judge.

How to Find the Right Attorney in Nevada

Finding the right attorney in Nevada involves doing your homework. Here are some ways to make sure you hire someone qualified:

• Ask for referrals: Friends or family members who have been through contested divorces can recommend a good lawyer.
• Research online: Review reviews, case histories, and client testimonials to see how well a lawyer has handled contested divorces.
• Schedule consultations: Many lawyers offer free consultations during which you can discuss your case and determine whether they are the right fit.

Working with an experienced divorce attorney is one of the best steps you can take when fighting a divorce. They’ll give you the legal support and guidance you need during this challenging time.