Family Law Qs:

 

What is the difference between a

contested and an uncontested divorce?

A contested divorce simply means that both parties cannot agree on all issues by themselves. It does not necessarily mean that the matter will get ugly and mean-spirited, though we often handle such cases. Most divorces start out as contested, and are then resolved through negotiations and/or court hearings between the two attorneys on behalf of the parties.

 

Why is it important to file quickly or file first?

Nevada is a community property state, meaning that both the assets and the debts belong to the married couple. As a result, either spouse can create debt (such as charges on credit cards, or the purchase of a new car) that both are responsible to pay. When Andrews Law Firm initiates a divorce proceeding in Family Court, we also file a Joint Preliminary Injunction (JPI). This JPI is a court order preventing the other party from incurring expenses “outside the ordinary course.” This means the parties can buy groceries and gasoline and other normal expenditure items, but can’t create new debt or move substantial assets. If things get heated between the parties due to an impending divorce, it is very important to get this JPI in place to prevent any party from wrongfully utilizing community funds.