Contested Divorce
A divorce is contested when spouses cannot agree on one or more important issues. Disputes may involve property, debt, support, custody, parenting schedules, or the terms of the final decree.
Divorce and Family Law in Las Vegas, Clark County & Henderson
Las Vegas Divorce Attorneys Serving Clark County & Henderson
Divorce affects more than your marital status. It can change your finances, your home, your relationship with your children, and the future you expected.
Dempsey, Roberts & Smith helps clients understand their options, protect what matters most, and move forward with greater clarity.
Schedule a Confidential ConsultationDivorce and Family Law Matters We Handle
Family law disputes are rarely limited to a single legal issue. A divorce may also involve property, debt, financial support, custody, parenting time, and difficult decisions about what comes next. DRS represents individuals and families in Las Vegas, Henderson, and throughout Clark County.
Uncontested Divorce
When spouses agree on the material terms, an uncontested divorce may provide a more efficient path. The agreement must still be complete, accurate, and properly documented.
Property and Debt Division
Divorce may require the identification and division of homes, retirement accounts, bank accounts, businesses, vehicles, personal property, credit cards, loans, and other financial obligations.
Spousal Support
Alimony may become an issue when spouses have different incomes, financial needs, earning abilities, or career histories. The right approach depends on the circumstances of the marriage.
Child Custody
Custody cases address major decisions involving a child and how parenting time will be divided. Nevada courts focus on the child’s best interests.
Parenting Time
Parenting plans may address weekly schedules, school breaks, holidays, transportation, travel, communication, exchanges, and future decision-making.
Child Support
Child support may be addressed during divorce, custody, or parentage proceedings. Income, custody arrangements, and other circumstances may affect the calculation.
Adoption
Adoption creates a permanent legal parent-child relationship. DRS assists with stepparent, close-family, and other adoption matters involving consent and court approval.
Post-Divorce Modifications
Changes in income, parenting circumstances, relocation, or a child’s needs may create questions about modifying an existing family court order.
Annulment
Annulment is different from divorce. It asks the court to determine that a marriage was not legally valid and is available only in specific circumstances.
Every family law case is fact-specific. The legal issue matters, but so do the family’s finances, the children’s needs, the history between the parties, and the decisions made early in the process.
Contested and Uncontested Divorce in Nevada
One of the first questions people ask is whether their divorce will be contested or uncontested. The distinction depends on whether the spouses can agree on the material terms required to end the marriage.
Uncontested Divorce
The spouses agree on the major terms, including property, debt, support, custody, and parenting issues. The agreement is documented and submitted to the court for approval.
Contested Divorce
The spouses disagree on one or more material issues. Negotiation, disclosure, mediation, hearings, or trial may be required before the case can be resolved.
High-Asset Divorce
Cases involving businesses, real estate, investments, professional practices, retirement accounts, or disputed separate property may require detailed financial review.
A quick agreement is not automatically a fair agreement. Before accepting terms, each spouse should understand the assets, debts, legal rights, and long-term consequences involved.
What to Do When Considering Divorce in Las Vegas
People often make the situation harder because they act before they understand their financial position, parenting concerns, or legal options. A better response is deliberate and informed.
1
Preserve Financial Information
Gather tax returns, pay information, bank statements, retirement statements, mortgage records, insurance documents, debts, and information involving significant assets.
2
Do Not Make Major Financial Moves Without Advice
Emptying accounts, transferring assets, changing beneficiaries, taking on new debt, or selling property can create legal and practical complications.
3
Keep Children Out of the Conflict
Do not ask children to carry messages, gather information, choose sides, or become involved in disputes between parents.
4
Be Careful With Texts and Social Media
Messages and posts can become evidence. Avoid threats, insults, accusations, or public commentary about the divorce or the other parent.
5
Understand Your Options Before Negotiating
A proposed settlement cannot be evaluated properly until you understand the finances, parenting issues, legal risks, and realistic alternatives.
Child Custody and Parenting Time
Custody decisions can be the most emotional part of a divorce. Nevada family courts focus on the child’s best interests, not on which parent is more frustrated, angry, or determined to win.
Custody may involve legal custody, physical custody, parenting schedules, school decisions, health care, holidays, transportation, communication, travel, and how future disagreements will be handled.
Legal Custody
Legal custody concerns responsibility for important decisions involving a child’s education, health care, welfare, and other major matters.
Physical Custody
Physical custody concerns where the child lives and how parenting time is divided between the parents.
Parenting Plans
A detailed parenting plan can reduce future disputes by addressing schedules, exchanges, holidays, transportation, travel, and communication.
Custody Modifications
Relocation, schedule changes, safety concerns, noncompliance, or changes in a child’s needs may create a need to revisit an existing order.
Adoption and Family Formation
Adoption is a positive and permanent legal process. It creates a legal parent-child relationship and may require consent, notice, background information, court filings, and the resolution of existing parental rights.
Stepparent Adoption
A stepparent adoption can formalize an existing parent-child relationship and provide the child with additional legal security and permanence.
Close-Family Adoption
Grandparents and other relatives may seek adoption when they have assumed a long-term parental role or when adoption supports the child’s stability.
Adult Adoption
Adult adoption may formally recognize a longstanding family relationship and clarify legal and inheritance rights.
Why Local Family Court Familiarity Matters
Clark County family court procedures, expectations, timing, filing requirements, and hearing practices can affect how a case moves forward. Someone searching for a divorce attorney in Henderson may still be navigating the broader Clark County family court system.
That is why this page is framed around Las Vegas, Henderson, and Clark County together. It reflects how these cases are actually experienced and why local guidance matters.
Take the Next Step With Greater Clarity
Whether you are preparing for divorce, responding to a case that has already been filed, facing a custody dispute, or considering adoption, understanding the process early can help you make better decisions.
Request a Confidential ConsultationFrequently Asked Questions About Divorce and Family Law in Las Vegas
These FAQs address common questions people ask when they are trying to understand divorce, custody, support, and adoption in Nevada.
How long must I live in Nevada before filing for divorce?
Nevada generally requires at least one spouse to have been a resident of the state for six weeks before filing. Residency may need to be supported by a Nevada resident witness.
Do I have to prove that my spouse caused the divorce?
Nevada recognizes incompatibility as a ground for divorce. A spouse generally does not need to prove marital misconduct simply to end the marriage.
What is the difference between contested and uncontested divorce?
An uncontested divorce means the spouses agree on the material terms. A contested divorce means one or more important issues remain disputed and may require court involvement.
How is property divided in a Nevada divorce?
Nevada is a community-property state. Property and debt acquired during the marriage may generally be treated as community property, although exceptions and separate-property claims may apply.
Will I have to pay or receive alimony?
Not every divorce includes alimony. Spousal support depends on the circumstances of the marriage, the spouses’ finances, earning abilities, needs, and other relevant factors.
How does a Nevada court decide child custody?
Nevada courts decide custody based on the child’s best interests. The court considers multiple factors involving the child, the parents, safety, stability, and the ability to support the child’s relationship with each parent.
Can custody or child support be changed later?
Potentially. A modification generally requires an appropriate legal basis, such as a meaningful change in circumstances or another change recognized under Nevada law.
Can I move away with my child after divorce?
Relocation can raise significant custody issues, particularly when the move affects the other parent’s relationship or requires a major change to the parenting schedule. Legal advice should be obtained before relocating.
Does a stepparent adoption require the other parent’s consent?
Consent or the legal resolution of the other parent’s rights is commonly required. The exact process depends on the family’s circumstances and existing legal relationships.
Should I speak with an attorney before telling my spouse I want a divorce?
Speaking with an attorney beforehand can help you understand your financial position, parenting concerns, immediate risks, and practical options before the situation changes.
This page provides general information and is not legal advice. Reading this page or contacting the firm does not by itself create an attorney-client relationship.