What is the Difference Between a Contested and Uncontested Divorce in Nevada?
When people call our office in Las Vegas, it’s the first question on their mind. They’re worried. They’re picturing a brutal, in-courtroom battle like they see on TV.
It doesn’t have to be that way.
We’re the team at The Law Offices of Michael I. Gowdey. For over 30 years, our award-winning lawyers have helped thousands of people in Las Vegas, Henderson, and North Las Vegas get through a divorce.
We’ve seen it all. And we’re here to tell you that how your divorce proceeds is a choice.
It can be the “easy way,” or it can be the “hard way.” In legal terms, we call this an Uncontested Divorce or a Contested Divorce.
This page is here to help you understand the huge difference between the two. One path is fast, cheap, and private. The other is a long, expensive, and public fight.
Let’s break it down in plain English.
What is an Uncontested Divorce? (The “Easy Way”)
An uncontested divorce is the best way to end a marriage.
It’s that simple.
An uncontested divorce means you and your spouse AGREE on 100% of the issues.
You are not fighting. You have sat down at the kitchen table, or with a mediator, and you have worked out a deal before you ever file with the court.
What do you have to agree on? You must agree on the “Big 4”:
- Property Division: Who gets the house? Who gets the car? How are you splitting the bank accounts?
- Debt Division: Who is paying for the credit card bill? The mortgage? The car loan?
- Child Custody: Who will the kids live with? What is the visitation schedule? (We have a whole guide on Las Vegas Child Custody here.)
- Support: Will there be alimony? How much is child support?
If you agree on all of that, the rest is just paperwork.
The Process: A “Joint Petition”
We don’t “sue” each other in an uncontested divorce. Instead, we file a “Joint Petition.”
This is a set of papers that we file with the Clark County Family Court together. You are both telling the judge, “We have a deal.”
The most important part of this packet is the Decree of Divorce. This is the final, official contract. Our lawyers will draft this for you. It’s a 20- or 30-page document that has every single detail of your agreement written in it.
- “Wife gets the house on 123 Main Street.”
- “Husband gets the 401k.”
- “Parents will have 50/50 joint physical custody.”
- “No alimony will be paid.”
You both sign it. We file it.
And here is the best part: You almost never have to see a judge.
A judge will review your paperwork in their office. If everything is fair and in order, they will sign your Decree. You will get a copy in the mail. And just like that, you are divorced.
The Benefits:
It's Fast
We can have a “Joint Petition” divorce finalized in as little as 1 to 3 weeks.
It's Cheap
You are not paying two lawyers thousands of dollars to fight for a year.
It's Private
Your fight isn’t public record. Your agreement is filed, and you’re done.
What is a Contested Divorce? (The “Hard Way”)
This is the divorce everyone dreads.
A contested divorce means you and your spouse DISAGREE on at least one thing.
It doesn’t matter how small.
- You can’t agree on who gets the dog.
- You can’t agree on who gets the kids for Christmas.
- You can’t agree on how much the house is worth.
- Or maybe… your spouse is hiding money.
- Or maybe… they just won’t sign any papers at all.
If you can’t agree, you can’t file a “Joint Petition.” One of you has to “sue” the other for divorce.
The Process: A “Complaint”
This is a real lawsuit. Here is what happens:
File a Complaint
We file a “Complaint for Divorce” on your behalf. You are the “Plaintiff.”
Serve Your Spouse
We hire a process server to legally hand the “Summons” and “Complaint” to your spouse. They are now the “Defendant.”
The 21-Day Clock
Your spouse has 21 days to file an “Answer” with the court.
Discovery
This is the fight. For the next 6-12 months, our lawyers will “discover” all the facts. We will demand bank records. We will take depositions. We will find the hidden assets.
Mediation
A judge will order you to “mediation” to try and make a deal.
Trial
If you still can’t agree, we go to trial. We stand up in front of a judge, present your evidence, and ask the judge to make the final decision.
This is a long, slow, and expensive process. It is public. It is stressful.
But sometimes… it is the only way to protect yourself.
If your spouse is a bully, or is hiding money, or is trying to take your kids, you need a fighter. You need an award-winning trial lawyer on your side.
What About a “Default” Divorce?
This is a “little-known” third path.
What if you file a “Complaint” and serve your spouse… and they just… do nothing?
They never file an “Answer.” They just ignore you.
After 21 days, our lawyers can file for a “Default.”
This means we tell the judge, “Your Honor, they were served. They knew they were being sued. They refused to show up.”
The judge can then grant the default. You will get a short, 10-minute hearing. The judge will ask you some basic questions. And if your requests are reasonable, the judge will give you everything you asked for in your Complaint.
This is the only time you “win” a divorce.
How Our 30-Year Experience Helps You
This is where our firm is different. We are not a “divorce mill” that just files paperwork. We are a team of award-winning trial lawyers with 30+ years of experience.
We look at your case from every angle.
If your case is UNCONTESTED
You still need a great lawyer. A cheap “paralegal” service will use a bad template. That template will not protect you. We’ve seen it a dozen times. A client comes in five years later, and their “simple” agreement has a huge loophole that is now costing them their pension. We don’t use templates. We are trial lawyers. We write your “Decree of Divorce” like an iron-clad contract. We protect you from problems you don’t even know exist.
If your case is CONTESTED
This is where our 30 years of courtroom experience matters. We are not afraid of a fight. Our firm’s deep roots in Criminal Law mean we know how to investigate. We know how to find hidden assets. And if there was domestic violence in your marriage, we are the only team you want. We know how to get a Temporary Protective Order (TPO) to keep you safe and use that evidence to win your custody battle. We know how a criminal charge proves that your spouse is a risk.
We are not just divorce lawyers. We are protectors.
Key Takeaways: What to Remember
- Uncontested = You agree on everything. It’s fast, cheap, and private. It’s the best way.
- Contested = You disagree on at least one thing. It’s a long, expensive, public lawsuit.
- A “Joint Petition” is for an uncontested case.
- A “Complaint” is for a contested case.
- A “Default” is when your spouse is served and does nothing. You win.
- Even in a simple divorce, a good lawyer protects you from future problems. In a hard divorce, a good lawyer is the only way to win.
FAQS
10 Common Questions About Contested & Uncontested Divorces
1. How much does an uncontested divorce cost?
Answer: Because it is mostly paperwork and no fighting, we can do these for a low, flat fee. It is by far the cheapest way to get a divorce.
2. How much does a contested divorce cost?
Answer: This is impossible to say. It depends on one thing: how much you want to fight. These cases are billed by the hour. If your spouse fights over every single spoon, it will be expensive.
3. My spouse and I agree on almost everything. Are we contested?
Answer: Yes. If you agree on 99 out of 100 things, you are 100% contested. You cannot file a Joint Petition until you agree on everything.
4. Can we use the same lawyer?
Answer: No. That is a huge conflict of interest. A lawyer can only fight for one side. We can represent you, draft the “Decree,” and your spouse can just sign it (if they agree). But we will always be your lawyer.
5. What if I can't find my spouse to serve them?
Answer: This happens a lot in Las Vegas. If we truly cannot find them, we can ask the judge for “Service by Publication.” We have to publish a notice in a newspaper (like the Review-Journal) for a few weeks. After that, the court says they are “served.”
6. Do I have to go to mediation in a contested divorce?
Answer: Yes. In Clark County, the court will require you to go to mediation before you can get a trial date. The judge wants you to settle. We will be with you at mediation to fight for the best deal.
7. My spouse won't sign! What do I do?
Answer: You don’t have a choice. You must file a contested “Complaint for Divorce.” You have to “serve” them. They don’t have to sign. But if they are served and they ignore it, we will get a “Default” and you will win.
8. What if we start as contested, but then we agree?
Answer: This is great! This is what we hope for. At any time in the “hard way,” you can sign a “Settlement Agreement.” The fight stops, and we just send the agreement to the judge. The case is over.
9. My spouse is abusive. I'm afraid to ask for a divorce.
Answer: Your safety is #1. We will not file a “Joint Petition.” We will start by going to court, in secret, to get you a Temporary Protective Order (TPO). This order will remove your spouse from the house and give you the kids before they even know you’ve filed. Then we will file the divorce. Your safety comes first.
10. How do I find the best divorce lawyer near me for my case?
Answer: Look for two things:
- Experience: Have they really been doing this for 30+ years? Do they have the awards to prove it?
- Focus: Is this all they do? Or do they also understand the crossover? When you’re facing a fight, you want a trial lawyer. You want a team that knows how to handle the criminal side of a TPO, or how to find the hidden money.
You have a choice. We hope you choose our team of experienced, award-winning fighters.