Reviewed by Jennifer Setters, J.D., Managing Attorney — Gastelum Attorneys | Last updated: March 2026

Short Answer: A contested divorce in Las Vegas means you and your spouse disagree on at least one significant issue — child custody, property division, child support, or spousal support — and the Eighth Judicial District Court must resolve it. Contested divorces in Clark County typically take 3 to 18 months and cost $10,000–$40,000+ per party depending on complexity.

Cheapest path: Settling all disputes at mediation — most contested cases in Clark County resolve here without going to trial.
Most expensive path: High-conflict custody or high-asset divorce that proceeds through full discovery and trial.

At Gastelum Attorneys, we prepare every contested case for trial from the moment of intake — not as a last resort. That posture helps position our clients for stronger outcomes when disputes cannot be avoided. Combined with more than 5,000 cases handled in Clark County since 2018, it is what drives results for clients when agreement is not possible.

What you need to know about contested divorce in Las Vegas:

• A divorce is contested when spouses have not reached full agreement on one or more material issues, so the case proceeds by Complaint for Divorce rather than a Joint Petition
• Contested does not always mean trial — most cases settle at mediation before a judge rules
• Every stage adds time and cost — the earlier you resolve disputes, the better the outcome
• Nevada is a no-fault, community property state — fault does not need to be proven to file
• Clark County courts often require mediation for child-contested issues before those disputes proceed further

Jump to a section:

• What makes a divorce contested
• Contested vs. uncontested — key differences
• The four disputed issues
• The contested divorce process
• Community property division
• Temporary orders
• How long it takes
• What it costs
• Real case timeline example
• Why representation matters
• Frequently asked questions

What Makes a Divorce Contested in Nevada?

Under NRS 125.010, a divorce can be granted on the ground of incompatibility — no fault or wrongdoing needs to be proven. A divorce is contested when the spouses have not reached full agreement on one or more material issues, so the case proceeds by Complaint for Divorce rather than a Joint Petition.

Common triggers for a contested filing include:

• One spouse denies the other’s parenting plan or custody request
• Spouses disagree on the value or division of real estate, businesses, or retirement accounts
• One spouse requests spousal support that the other disputes
• One party suspects the other is hiding or undervaluing assets
• One spouse refuses to engage in the divorce process at all

Key Point: A divorce that starts as contested can still resolve without trial — and most do. The contested designation simply means the process requires court involvement to move forward. Many cases filed as contested divorces ultimately settle through mediation or negotiated agreement at the Case Management Conference (CMC) before reaching a courtroom.

Contested vs. Uncontested Divorce — Key Differences

Bottom line: A contested divorce does not always go to trial. Many contested cases in Clark County resolve at mediation or through attorney negotiation — before a judge ever rules. What makes it contested is the starting point, not necessarily the ending point.

Facing a contested divorce in Las Vegas? Call (702) 979-1455 — speak with a Clark County divorce attorney about your specific situation.

The Four Issues Most Often Disputed in Las Vegas Divorces

1. Child Custody and Parenting Time

Child custody disputes are the most emotionally charged and most consequential issues in any contested divorce. Nevada courts apply a best-interests-of-the-child standard under NRS 125C.0035, evaluating factors including each parent’s relationship with the child, ability to provide stability, history of domestic violence, and the child’s own preferences when age-appropriate.

Clark County Family Court distinguishes between two types of custody:

• Legal custody: The right to make major decisions about the child’s education, healthcare, and upbringing. Nevada courts strongly favor joint legal custody absent a compelling reason to award sole custody to one parent.
• Physical custody: Where the child lives and spends time. Nevada courts often favor joint physical custody when it serves the child’s best interests, but custody remains a fact-specific determination based on each family’s circumstances.

Nevada Case Law Note: Recent Nevada appellate decisions have continued to refine the evidentiary standards for custody determinations and post-divorce modifications. If your case involves custody, your attorney will need to address the current appellate framework at mediation and trial.

2. Division of Marital Property and Debt

Nevada is a community property state under NRS 123.220. All assets and debts acquired during the marriage are presumed to be jointly owned — regardless of whose name appears on the account, title, or deed — and are subject to equal division in divorce.

Disputes commonly arise over the valuation and ownership of the marital home, characterization of assets as community vs. separate property, business ownership interests, retirement accounts and 401(k)s requiring a Qualified Domestic Relations Order (QDRO), cryptocurrency and non-traditional assets, and marital debt allocation.

SB 275 (Nevada 2023): Updated guidelines for property classification in divorce proceedings. Cases involving commingled separate and community property now require more detailed tracing analysis than prior law demanded.

3. Spousal Support (Alimony)

Spousal support is frequently the most heavily litigated financial issue in Las Vegas divorces. Nevada courts do not follow a fixed formula for alimony. Judges exercise broad discretion under NRS 125.150, weighing factors including the length of the marriage, each spouse’s earning capacity and employment history, the standard of living established during the marriage, contributions made by each spouse including non-financial contributions, and the age and health of each spouse.

Because there is no formula, alimony cases depend heavily on the presentation of financial evidence, vocational expert opinions, and courtroom advocacy.

4. Child Support

Unlike alimony, child support in Nevada is calculated using a tiered statutory formula under NRS 125B.070, based on each parent’s gross monthly income and the number of children. However, disputes frequently arise over what income should be counted for self-employed spouses, whether income should be imputed to a voluntarily unemployed parent, deviations from the formula for high-income households, and allocation of extracurricular, medical, and childcare costs between parents.

The Contested Divorce Process in Clark County

Every contested divorce in Las Vegas proceeds through the same framework in the Eighth Judicial District Court. Understanding the stages helps you plan — and recognize where your case is most likely to resolve.

SB 432 (Nevada 2023): Financial disclosure requirements in divorce proceedings were significantly strengthened. Failure to fully disclose assets in the Financial Disclosure Form now carries more serious consequences including sanctions and adverse inference instructions to the court.

Community Property Division in a Las Vegas Contested Divorce

Nevada’s community property law under NRS 123.220 creates a presumption that all assets and debts acquired during the marriage belong equally to both spouses — regardless of whose name is on the title or account. In a contested divorce, the court divides community property equally unless there is a compelling legal reason to do otherwise.

When a spouse claims that an asset is separate property — and the other disputes that — the burden falls on the claiming spouse to trace the asset’s origin with documentary evidence. This tracing analysis is a significant driver of attorney time and cost in contested property disputes.

Temporary Orders — Protecting Your Position While the Case Is Pending

One of the most important early steps in any contested divorce is establishing temporary orders. Because a contested case can take months, you cannot wait for a final decree to address urgent issues like where the children will live, who pays the mortgage, and how household expenses are covered.

Your attorney can file a motion for temporary orders covering:

• Temporary physical custody and a parenting schedule
• Temporary child support under the NRS 125B.070 formula
• Temporary spousal support to equalize financial resources during the case
• Exclusive use and possession of the marital home
• Restraining orders preventing dissipation of marital assets

The Joint Preliminary Injunction (JPI), which automatically takes effect when the Complaint is served, already prohibits both parties from selling assets, incurring new significant debt, or taking children out of state without court approval. Temporary orders go further and address day-to-day practical needs during the pendency of the case.

Key Point: Courts often give significant weight to temporary arrangements that have been working successfully when setting final orders. Acting quickly to establish a temporary order that reflects your preferred arrangement is strategically important — do not wait.

How Long Does a Contested Divorce Take in Las Vegas?

The timeline depends on how many issues are disputed, how cooperative both parties are, and Clark County’s court calendar:

• Settled at CMC or through early negotiation: 2–4 months from filing
• Settled at Family Mediation Center or through MSA: 3–8 months from filing
• Requires discovery, settles before trial: 6–14 months from filing
• Goes to trial: 12–24+ months from filing

For a complete stage-by-stage breakdown of Nevada divorce timelines, see our Nevada divorce timeline guide.

What Does a Contested Divorce Cost in Las Vegas?

A contested Las Vegas divorce typically costs $10,000–$30,000 per party in attorney fees for moderate complexity cases that resolve through negotiation or mediation. Cases requiring full discovery and trial regularly exceed $40,000–$75,000 per party in highly contested litigation. High-asset cases involving business valuations, forensic accounting, or extensive custody litigation can exceed $100,000 per side where multiple experts are required. These ranges reflect attorney fees — expert costs, court reporter fees, and filing costs are additional.

The primary cost drivers in contested divorces are disputed child custody, complex assets requiring expert valuations, an uncooperative opposing party driving unnecessary motions, and discovery — each deposition adds $1,500–$3,600 in typical attorney and court reporter costs.

For a complete breakdown of all costs, see our Las Vegas divorce cost guide.

Real Case Timeline Example — Contested Las Vegas Divorce

Here is how a moderately contested Las Vegas divorce with a disputed parenting schedule and one marital home typically unfolds in Clark County:

• Week 1: Complaint for Divorce filed at the Eighth Judicial District Court. Spouse served with Complaint, Summons, and Joint Preliminary Injunction.
• Week 3: Spouse files an Answer. Both parties retain attorneys.
• Week 5: Motion for temporary custody and support filed. Temporary hearing scheduled.
• Week 7: Temporary orders entered — parenting schedule and interim support established.
• Week 8: Both parties submit Financial Disclosure Forms under NRCP 16.2.
• Week 10: Case Management Conference held. Judge sets mediation deadline and discovery cutoff.
• Month 3: Family Mediation Center session for custody. Parties reach a parenting agreement.
• Month 4: Real estate appraisal completed. Attorneys negotiate Marital Settlement Agreement.
• Month 5: MSA signed. Submitted to the court for judge’s approval.
• Month 5–6: Judge signs Decree of Divorce. Case closed.

Cases without disputed custody or significant assets frequently close faster. Cases with business valuations, discovery disputes, or trial preparation take considerably longer — and cost significantly more per party in highly contested litigation.

Why Legal Representation Matters in a Contested Divorce

In a contested divorce, you are not just filling out paperwork — you are presenting a legal case to a judge who will issue orders affecting your children, your property, and your financial future for years to come. The decisions made in the early stages of a contested divorce shape every outcome that follows.

Prepare for trial from day one

We do not treat trial as a last resort. We build every case from the outset as if it will go before a judge — because that preparation is what creates leverage in negotiation. Opposing counsel and their clients settle on better terms when they understand the other side is genuinely ready to proceed.

Protect your financial position with complete disclosure analysis

Under SB 432 (Nevada 2023), financial disclosure requirements in divorce proceedings were significantly strengthened. When a spouse fails to fully disclose assets in the Financial Disclosure Form (FDF), we pursue sanctions, adverse inference motions, and contempt remedies. Protecting your financial position requires knowing exactly what your spouse owns — and holding them accountable when they are not forthcoming.

Clark County courtroom experience

The Eighth Judicial District Court has its own procedures, judicial preferences, and local rules that affect how cases are managed and decided. Our team has handled more than 5,000 family law cases exclusively in Clark County since 2018. That depth of courtroom experience shapes every strategy we build for contested clients.

Bilingual representation: Gastelum Attorneys provides full contested divorce representation in both English and Spanish. Our bilingual team ensures that language is never a barrier to understanding your case, your rights, or your options at any stage of the process.

Frequently Asked Questions: Contested Divorce in Las Vegas

What is the difference between contested and uncontested divorce in Nevada?
An uncontested divorce means both spouses agree on all issues — custody, property, support, and debt — before filing. It is filed as a Joint Petition and can close in 1–3 weeks. A contested divorce means at least one material issue is unresolved. One spouse files a Complaint for Divorce, the other is served, and the court manages the process of resolving disputes through mediation, negotiation, or trial. Contested refers to the structure of the case, not necessarily whether it ends in a courtroom fight — many contested cases settle before trial.

Does a contested divorce always go to trial in Nevada?
No. The majority of contested divorces in Clark County resolve before trial — through attorney negotiation, the Case Management Conference process, or Family Mediation Center proceedings. Trial is the exception, not the rule. However, preparing your case as if it will go to trial is what creates the leverage needed for a favorable settlement.

Can a contested divorce become uncontested?
Yes, and it happens regularly. A case filed as a Complaint for Divorce can resolve at any stage if both parties reach agreement on all remaining issues. Once a Marital Settlement Agreement (MSA) is signed covering all disputes, the contested case concludes without trial.

What happens if my spouse hides assets in a contested divorce?
Nevada courts take concealment of assets seriously. Both parties are required to file a complete Financial Disclosure Form (FDF) under NRCP 16.2. If your spouse fails to disclose assets, your attorney can pursue forensic accounting, subpoena financial records, take depositions, and file motions for sanctions. Under SB 432 (Nevada 2023), penalties for non-disclosure are more significant than under prior law. Courts may award the concealed asset entirely to the other spouse or impose financial sanctions.

Can I get temporary custody orders during a contested divorce?
Yes. If you and your spouse cannot agree on a temporary parenting arrangement while the divorce is pending, your attorney can file a motion for temporary custody orders. The court will set a temporary schedule based on the best interests of the child standard under NRS 125C.0035. These orders remain in effect until a final custody order is entered as part of the divorce decree.

What is the Joint Preliminary Injunction and how does it affect me?
The Joint Preliminary Injunction (JPI) is automatically issued when a Complaint for Divorce is served. It prohibits both parties from selling, hiding, or wasting marital assets, incurring new significant debt, changing insurance beneficiaries, or removing children from Nevada without the other party’s consent or a court order. Violating the JPI can result in contempt of court.

Does Nevada consider fault in a contested divorce?
Nevada is a no-fault divorce state under NRS 125.010. You do not need to prove that your spouse did anything wrong to obtain a divorce. However, fault-related conduct is not completely irrelevant — a spouse’s dissipation of marital assets, domestic violence history, or conduct affecting the welfare of children can influence custody determinations and in some circumstances property division.

Should I file for divorce first in a contested case?
In Nevada, filing first as the Plaintiff generally does not confer a decisive legal advantage. However, filing first does give you the ability to choose the timing, to establish the automatic Joint Preliminary Injunction protections before your spouse takes any action, and to frame the initial pleading. If you have reason to believe your spouse is planning to file imminently — or may take steps to move assets or children — acting first can be strategically important. Discuss the specific circumstances of your case with an attorney before making this decision.

Talk to a Las Vegas Contested Divorce Attorney

Contested divorces require precise strategy, thorough preparation, and a team that knows Clark County’s Eighth Judicial District Court. Whether your dispute involves custody, high-value assets, spousal support, or an uncooperative spouse, Gastelum Attorneys is prepared to represent your interests at every stage — from the first filing through trial if necessary.

Our bilingual team of six attorneys has handled more than 5,000 family law cases in Las Vegas, Henderson, and North Las Vegas since 2018. We represent clients in English and Spanish. For a full picture of what contested divorce costs and how long it takes, see our Las Vegas divorce cost guide and Nevada divorce timeline guide.

Note: This page reflects Nevada law as of March 2026. Case outcomes vary based on specific facts, court scheduling, and the complexity of disputed issues. Cost ranges reflect typical attorney fees — expert and court costs are additional. Consult a licensed Nevada attorney before making any legal decisions.

Call (702) 979-1455 or schedule a case evaluation with Gastelum Attorneys.

New Beginnings, Brighter Tomorrows.

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About the Author: Jennifer Setters is the Managing Attorney of Gastelum Attorneys and a graduate of UNLV’s William S. Boyd School of Law. A first-generation Mexican-American and longtime Las Vegas resident, Jennifer founded the firm in 2018 and has overseen more than 5,000 family law cases in Clark County’s Eighth Judicial District Court. The firm’s bilingual team of six attorneys represents clients in English and Spanish throughout the Las Vegas Valley.

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