Are you thinking about getting divorced? Or, are you already in the process of getting a divorce? Either way, you might be learning new terms that have to do with divorce and the divorce process. One of the words that you might hear along the way is dissolution. What is dissolution? How is dissolution different than divorce in Nevada? Here’s what you need to know from our Nevada divorce lawyers.
Dissolution and divorce are different in Nevada because dissolution is a summary proceeding, whereas divorce is a formal, complete, legal proceeding. In a dissolution, the parties agree to end their marriage, and they agree on the terms of their final judgment. In a divorce, the parties disagree on one or more issues surrounding their divorce. Ultimately, dissolution and divorce both result in the termination of the legal marriage relationship.
In Nevada, a dissolution of marriage is called a summary divorce. In fact, you’re more likely to encounter the term summary divorce. In a summary divorce, the parties file a joint petition for divorce. They agree on all of the terms of the divorce. It’s a summary proceeding because the judge doesn’t decide any issues of child custody or property division. The judge decides only that the parties meet the statutory grounds to get divorced.
Even though dissolution is a shorter, summary divorce proceeding compared to a contested divorce, ultimately, the result of both proceedings is the same: the marriage relationship ends. Both dissolution and contested divorce are a form of divorce proceeding. At the end of the proceeding, you’re no longer be married.
If termination of your marriage relationship isn’t what you’re looking for, you might consider filing for separate maintenance instead. Separate maintenance is available to anyone who wants to live separately and divide the marital estate without formally ending their marriage relationship. You might also seek an annulment. An annulment makes it as though the marriage never happened. There are only a few ways to get an annulment in Nevada. You have to qualify for it based on your circumstances.
Summary divorce is different than contested divorce in Nevada in that in a summary divorce, the judge doesn’t decide any contested issues. Instead of presenting the evidence to a judge for them to make a ruling, the parties talk between themselves and reach an agreement about the issues. When you have an agreement, you file a joint petition for divorce to finalize your agreement. The judge never gets involved in the issues other than approving the entry of the divorce.
In Nevada, much of the work for a dissolution (summary) divorce is done upfront. You work to reach agreements on the issues before you even file for divorce. Once you have your judgment of divorce figured out, you file your case. Typically, once the formal proceedings begin, your divorce is completed in as little as three weeks. The timeline for your dissolution in Nevada is however long it takes you to negotiate your agreement plus a few weeks to officially file the paperwork.
A divorce takes much longer. With a divorce, you have time to formally build your case for trial. The court must schedule the matter for trial on their calendar. It takes time to consider issues of preliminary discovery, presentation of evidence, and the timeline for trial. If the issues are small, you can complete a formal divorce in about three months. However, a contentious divorce can take a year or more.
If you’re considering a dissolution, contested divorce, uncontested divorce, separate maintenance action, or annulment, a Nevada divorce attorney can help you determine which option is best for you. They can help you weigh the pros and cons to choose the avenue that best helps you meet your legal needs.
If your spouse has already started an action, your attorney can represent you and pursue your interests aggressively or work to convert your case to a more favorable proceeding. With training and experience in Nevada’s complex laws, your attorney ensures that you handle this significant life event in the best way possible.
Of course, whether divorce or dissolution is better for you depends on your situation. If you agree on the significant issues, and the other side is willing to offer you a fair settlement under the law, there are cost, time, and stress advantages to reaching a summary divorce agreement. But signing a summary divorce agreement isn’t in your best interests if the other side isn’t willing to enter into a fair agreement.
Even if you’re heading towards a dissolution summary agreement, there are important reasons to work with an experienced attorney. Your attorney can help you understand what you need to put in your dissolution agreement to make it thorough and effective. In addition, they will help you understand whether the other side is offering a fair agreement. Ultimately, your attorney helps ensure that you’re making good decisions and that you’re aware of all of the issues that you need to address in your case.
If you’re considering divorce, we invite you to meet with our legal team. At Half Price Lawyers, our attorneys for dissolution of marriage in Las Vegas are dedicated to offering you full legal representation. Our goal is to help you reach the best possible result in your case. We also want to help you make the process as manageable and cost-effective as possible. Whether you ultimately pursue a dissolution or divorce, our team is here to represent you and fight for your best interests through all aspects that you encounter during your dissolution.
We are proud to represent clients in cases that are both simple and complex. Each case gets our full attention and resources as we work together to fight for justice for you. Contact our team today for a free consultation about your dissolution. You will speak immediately with a friendly member of our team. Your call is confidential. Call us today.
Our Las Vegas offices are centrally located downtown at:
732 S. 6th Street
Suite 100
Las Vegas, NV 89101
With easy access to major freeways and relevant courts, it’s easy to get the affordable legal representation you need. You can find our location and get directions to come to meet with our attorneys in the map below:
Half Price Lawyers
732 S. 6th Street Suite 100
Las Vegas, NV 89101
