What Factors Affect the Cost of a Divorce in Nevada?

The cost of a Nevada divorce varies greatly, depending on the specific circumstances, but there are several identifiable considerations that ultimately affect the overall cost and the timeline of the process. Understanding these factors can help a divorcing spouse have a meaningful discussion about the process and cost with an experienced divorce attorney.

Primary Factors in the Cost of Divorce

A Nevada divorce addresses all legal matters between the spouses as part of the process of ending the marital relationship. The nature and complexity of issues range widely in individual cases, but generally, the cost and timeline of a divorce depend significantly on these matters:

• If there are children in the marriage, issues relating to child custody and support must be resolved as part of the divorce in most cases.
• Nevada’s community property laws require that marital property be fairly and equitably divided as part of a divorce.
• The extent to which the spouses can cooperate or agree on matters relating to the divorce significantly affects the costs and timeline.

If any disagreements need to be resolved by the court, the time and effort required to find solutions increases the costs and attorney’s fees and extends the timeline for the proceedings. However, both parties should protect their rights on all issues that need to be addressed in a divorce proceeding. Each spouse should talk with an experienced divorce lawyer early in the process to avoid making hasty decisions that could make matters worse.

Child Custody and Support

Issues relating to children are a common reason that a divorce case ends up costing more and taking a greater amount of time. If the parents can reach agreement on custody and support on their own, through mediation, or through negotiations between their lawyers, the spouses can minimize the cost and time it takes to resolve the divorce. If court proceedings and hearings are necessary to address temporary custody, support, or other matters involving the children, the cost of the divorce and the timeline increase.

Property Settlement

If a married couple owns substantial property, reaching a mutual agreement on the division of property can significantly affect the cost and timeline of the divorce. The nature and complexity of the property and assets can also make it difficult to address property division. If the spouses cannot reach an agreement, even with the assistance of their lawyers, the need for a court resolution will increase the overall cost of the proceeding.

In some cases, alimony (spousal support), either temporary during the proceeding or permanent at the end of the case, may also be an issue that needs to be addressed either by agreement of the parties or by the court.

Contested v. Uncontested Divorce

A contested divorce is one in which there are disagreements between the spouses on custody, child or spousal support, property division, or on multiple matters. Contested divorces take much longer to resolve and inevitably cost more, because of an increase in court costs and attorney’s fees.

Nevada has a process through which spouses can pursue an uncontested divorce, by filing a joint petition for divorce with the court. An uncontested divorce requires full agreement of the spouses on all issues, but can result in significant savings of both costs and time. If there are no disagreements between the parties, it may be possible for one lawyer to handle preparation of the necessary documents for a joint petition. Otherwise, each spouse must retain their own attorney.

Court Authority Relating to Costs

If there is significant financial disparity between the spouses, the spouse with fewer resources should not view the legal fees as an obstacle to getting a divorce. Under Nevada law, the judge in a divorce case may order a spouse to pay some or all the legal costs of the other spouse. The purpose of the law is to ensure that a spouse does not pursue a divorce without legal representation or stay in a marriage solely because of the inability to pay for the divorce. The court’s authority extends to ordering payment for expenses at the beginning, during, or at the end of the case, so that both parties can adequately participate and defend their interests.

Schedule a Free Consultation With an Experienced Divorce Lawyer in Las Vegas

If you are considering a divorce in Nevada, Las Vegas family law attorney Joseph Gersten is here to help. He draws on his extensive experience in divorce and other domestic matters, including child custody and support, property division, and alimony (spousal support), to protect your interests and pursue the best resolution of all issues.

Attorney Joseph Gersten works with clients in Las Vegas, Henderson, and elsewhere in Clark County. Your initial consultation is always free-of-charge at The Gersten Law Firm. Call 702.857.8777 or complete our online form to schedule an appointment.