Do my husband and I need to file separately for divorce if we cannot reach an agreement on child support or alimony?
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Do my husband and I need to file separately for divorce if we cannot reach an agreement on child support or alimony?
Asked on October 10, 2012 under Family Law, Nevada
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are asking whether or not you each must file a petition for divorce which results in two cases going at the same time, then the answer is "no." If you cannot agree, then one party can file the petiton for divorce. The other party can then file an answer asserting their own defenses or counter-claims. It's one suit with multiple issues to be resolved by the court.
Even if you had an agreement, then the same type of process would ocurr-- just more quickly because there would not be a need for contested hearings. Even with agreements, one party files, one party answers, and then the parties can consent to the entry of an agreed judgment.
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