What Is Contested Divorce? A Guide from Nevada’s Family Law Experts
Let’s start with the simplest explanation: a contested divorce occurs when you and your spouse disagree about any aspect of ending your marriage. This could be about property division, child custody, alimony, or even who keeps the family pet.
Think of divorce as untangling two deeply connected lives. When both spouses agree on how to separate these connections, that’s an uncontested divorce. But when there’s disagreement about any part of this separation, you’re looking at a contested divorce.
As family law attorneys serving Las Vegas for decades, we at Kelleher & Kelleher see contested divorces every day. While they might sound intimidating, they’re actually quite common. You’re not alone in this situation – many Nevada couples go through this process, and we’re here to explain exactly what you can expect.
The reality is, most divorces start as contested. After all, ending a marriage involves dozens of decisions about your future, your finances, and potentially your children. It’s natural for couples to disagree on some of these crucial life changes.
Common Areas of Dispute in Contested Nevada Divorces
At Kelleher & Kelleher, our Las Vegas divorce attorneys have seen firsthand how certain issues consistently spark disagreement during divorce. Let’s break down these key areas and what they mean for your case.
Property Division
Nevada follows community property laws, which means assets acquired during your marriage typically get split 50/50. But here’s where things get complex: not every asset fits neatly into a spreadsheet or can be cut down the middle.
Take retirement accounts, for instance. Maybe you’ve built up substantial 401(k) savings during your marriage. Even if the account is in your name only, your spouse likely has a claim to part of it. Our Las Vegas disputed divorce team regularly handles the intricate process of dividing these accounts.
Business ownership adds another layer of complexity. If you or your spouse started or grew a business during marriage, you’ll need accurate valuations and potentially complex negotiations about buyouts or ongoing ownership arrangements.
Even seemingly straightforward assets like your family home can raise tricky questions that create a contested divorce:
- Who stays in the home during divorce proceedings?
- Should you sell and split the proceeds?
- Can one spouse buy out the other’s share?
- How do you handle an underwater mortgage?
Child Custody
As experienced child custody attorneys, we’ve seen how custody disputes touch every aspect of parenting. Nevada courts focus on one guiding principle: the best interests of your children. But defining those “best interests” often leads to heated disagreement. The disputes related to child custody fall into two categories: physical custody questions and legal custody questions.
Physical Custody determines where your children spend their time. A practical parenting schedule considers:
- School and activity schedules
- Your work commitments
- Holiday arrangements
- Summer break planning
- Transportation between homes
Legal Custody shapes how you and your co-parent make major decisions about your children’s future. As contested divorce attorneys in Las Vegas, we’ve seen how these decisions touch every aspect of your children’s lives – from choosing schools and medical treatments to religious practices and extracurricular activities. Each of these choices carries weight for your child’s development and future opportunities.
Many parents come to us worried about losing their say in the decisions related to their children. At Kelleher & Kelleher, we work to create arrangements that keep both parents actively and appropriately involved in their children’s lives. For example, we might establish protocols where both parents must consult each other before making medical decisions, while allowing day-to-day choices to rest with the parent who has physical custody at that time.
We pride ourselves on crafting custody solutions that work in the real world, not just on paper. This might mean setting up digital co-parenting tools to improve communication between busy parents, or creating flexible schedules for parents working irregular hours. For families dealing with long-distance parenting, we develop detailed plans that maximize meaningful connection through a mix of in-person visits and virtual contact. Even holiday schedules get careful attention – we help you create rotation systems that feel fair and keep your children connected to their family.
Child Support
Child support might seem straightforward at first glance – after all, Nevada has specific guidelines for calculating these payments. But as family law specialists (read about what a family law specialist means here), we’ve seen how these calculations can become complex quickly. Your child’s financial future deserves a detailed look at every factor that could affect their support.
Let’s talk about real income first. At Kelleher & Kelleher, we dig deeper than just looking at a basic salary. Those year-end bonuses? They count. That overtime pay you regularly earn? That matters too. We’ve seen cases where uncovering all sources of income made a significant difference in the support children received. For example, one parent might work a traditional job while also earning income from rental properties or a side business – all of these sources need to factor into child support calculation, and they have to be fair.
The real costs of raising your children may extend far beyond basic needs. Health insurance premiums play a major role in support calculations, but what about out-of-pocket medical expenses? Your children’s required medications, therapy sessions, or special medical equipment all affect the final support amount. We make sure these essential costs don’t get overlooked.
Childcare expenses often shock parents who haven’t priced daycare recently. In Las Vegas, quality childcare can cost as much as a mortgage payment! When you’re working to support your family, these costs need to be factored into your support arrangement. The same goes for special education needs, tutoring, or enrichment activities that benefit your child’s development.
As your family law team, we also look ahead. Maybe your child excels in competitive sports, requiring expensive equipment and travel. Perhaps they have unique educational needs that could require private schooling. These special circumstances deserve careful consideration in your support agreement. We’ve helped parents create arrangements that account for future cost increases, ensuring their children’s needs continue to be met as they grow.
Spousal Support
Let’s talk about one of the most complex aspects of contested divorce: spousal support, also known as alimony. As alimony attorneys in Las Vegas, we’ve seen how this topic often creates intense debate during divorce proceedings. The reality? No two cases look exactly alike because every marriage has its own unique financial story.
Think about Sarah, a recent client who spent 15 years supporting her husband’s medical career by managing their household and caring for their children. Now that they’re divorcing, she needs time and resources to rebuild her own career. Or consider Michael, who developed chronic health issues during his 20-year marriage, affecting his ability to work full-time. These real scenarios (with names changed) show why spousal support isn’t just about numbers—it’s about creating fair and reasonable support.
Your current financial reality matters just as much as your history. We analyze both spouses’ earning potential, looking beyond current paychecks to examine the whole financial landscape. Will one spouse likely stop working in the future, or possibly return to the workforce after a long break? Maybe you need additional education to re-enter your field. Perhaps your former spouse has equity compensation or bonuses that should factor into support calculations. Our contested divorce team digs deep to uncover all relevant financial details.
Age and health conditions can dramatically impact support arrangements. We recently helped a client in her late 50s secure support that accounted for her arthritis, which limited her typing ability and affected her employment options as an administrative professional. These real-world factors demand attention when crafting fair support agreements.
Sometimes, spousal support connects directly to a property settlement. You might agree to a different split of retirement accounts in exchange for modified support terms. Or perhaps you’ll keep the family home but accept lower monthly support payments. We help you weigh these trade-offs to find solutions that make sense for your future.
Remember those late-career degrees or professional certifications one spouse earned while the other kept the household running? Nevada courts consider these contributions when determining support. Your role in building your spouse’s earning potential has real value, and we make sure it gets recognized.
Call Kelleher & Kelleher at (702) 384-7494 to discuss your unique situation. Our Las Vegas family law team can help you develop a spousal support strategy that protects your financial future while being fair to both parties.
The Contested Divorce Process: Your Path Forward
As experienced contested divorce lawyers in Las Vegas, we at Kelleher & Kelleher guide clients through every phase of this challenging journey. Let’s walk through what you can expect when you work with our team of contested divorce lawyers.
Filing Your Case: The First Steps Matter
Your contested divorce begins when one spouse files a Complaint for Divorce with the Nevada courts. As your contested divorce lawyers, we ensure this document accurately presents your position on every issue, from property division to child custody. The other spouse then has 21 days after being served to respond. This response shapes the entire course of your case, which is why having skilled contested divorce lawyers from the start makes such a difference.
Discovery: Building Your Strongest Case
The discovery phase might sound technical, but think of it as gathering evidence to support your position. Our contested divorce lawyers excel at uncovering the details that strengthen your case. We might need to examine tax returns spanning several years, dig into retirement account statements, or review communication records about your children.
Sometimes we bring in expert witnesses – maybe a forensic accountant to trace hidden assets, or a child development specialist to assess custody arrangements. Recently, we helped a client prove her spouse had undervalued their family business by tens of thousands of dollars, securing her fair share of this vital asset.
Negotiations and Mediation: Finding Common Ground
Even in contested divorces, reaching agreements outside the courtroom often serves your best interests. The contested divorce lawyers at Kelleher & Kelleher excel at strategic negotiation. We’ve seen cases where spouses who initially disagreed on everything found workable solutions through skilled mediation.
Picture this: you’re stuck on how to divide your retirement accounts while ensuring both parties can maintain their lifestyle. Our contested divorce lawyers might propose creative solutions, like offsetting retirement funds against other assets or structuring a payment plan that works for everyone. We recently helped a client keep her cherished family home by negotiating a fair trade-off with other marital assets.
Trial Preparation: Ready for Any Scenario
If negotiation doesn’t resolve all issues, your contested divorce lawyers prepare meticulously for trial. At Kelleher & Kelleher, we build compelling arguments backed by solid evidence. We rehearse testimony, organize exhibits, and craft strategies to present your case effectively to the judge.
The courtroom can feel intimidating, but our contested divorce lawyers ensure you’re thoroughly prepared. We explain what to expect, how to dress, when to speak, and how to present yourself confidently. You’ll never walk into that courtroom alone – your dedicated legal team stands beside you every step of the way.
Ready to work with contested divorce lawyers who combine deep legal expertise with genuine care for your future? Call Kelleher & Kelleher at (702) 384-7494. Our Las Vegas family law team will protect your rights and fight for your best interests throughout your contested divorce.
How a Family Law Attorney Helps
The family law attorneys at Kelleher & Kelleher protect your rights throughout the contested divorce process. We:
- Gather and present compelling evidence
- Handle complex paperwork and court deadlines
- Negotiate effectively on your behalf
- Present your case strongly in court if needed
Getting Help with Your Contested Divorce
If you’re facing a contested divorce in Nevada, call Kelleher & Kelleher at (702) 384-7494. Our experienced Las Vegas family law attorneys will guide you through each step of the process, protecting your interests and working toward the best possible outcome for you and your family.