Don’t Get Lost in the Maze of Divorce Court – Know the Process
Step 1: What Type of Divorce Will You Have?
Divorce is the legal process of ending your marriage, dividing your property and debt, and deciding where and when your children will spend time with you. This can be very difficult – not only are emotional ties being severed, but property and children can be the topics of bitter disagreement. The first thing you will want to know is whether you agree with the other party or not on all issues.
There are two types of divorce: Uncontested and contested. Uncontested is when the parties agree on every single issue. This is a relatively quick, easy, and inexpensive process. Contested divorce is when the parties do not agree and we have to argue to the court to get what you want.
Step 2: If You Agree on All Issues for the Divorce
We will meet with you and draft the Joint Petition and associated documents and attend any necessary hearings (sometimes this is not necessary).
Step 3: If You Do Not Agree on All Issues for the Divorce
We will meet with you and draft the initial pleadings for a contested divorce. The Plaintiff typically files a Divorce Complaint to start the process and a Motion for Temporary Orders to obtain rulings from the court such as where the children will live and how much child support will be. The defendant then has 20 days to answer the Complaint and 10 days to oppose the Motion. Generally within 30 days, a hearing will be held and the Judge will make temporary decisions.
Step 4: If The Other Side Will Not Settle the Divorce
Hopefully the other spouse will be made to see the merits of your case and you will be able to settle getting what you want. If they insist on taking you to trial then the following may occur:
Discovery: The process by which the gathering or “discovering” of evidence occurs is called “discovery.” This is used to prepare for trial and also has the powerful effect of motivating people to settle their case. During this process the lawyer must gather witnesses and exhibits, and develop questions and write opening and closing statements. During this phase, your lawyer will send questions to the other side called “interrogatories,” and demand documents “request for production of documents.” Your lawyer may also send Request for Admissions and subpoena both people and records.
Trial: A family court trial is much like what people see on television courtroom dramas, except there is no jury. There are opening statements, witnesses, exhibits, cross examination, objections, and closing statements.
As You Go Through The Above Steps We Will Explain What Divorce Law is in Nevada
Nevada divorce law is very complicated and is mainly comprised of the Nevada Revised Statutes, hundreds of cases, Nevada Rules of Appellate Procedure, Nevada Rules of Civil Procedure, and, in Las Vegas, the Eighth District Court Rules court.
Why is an Experienced Divorce Lawyer Important to My Case?
Family law is full of traps and pitfalls for the unwary. This is especially true because Family Court has its unique way of processing cases. In addition, each Judge has their own way of doing things. For example, some Judges will refuse to allow one side to speak in a motion hearing if no opposition was filed while others will allow this. Some Judges allow oral motions while others do not. In addition, documents must be written to anticipate problems.
Can’t I Just Use One of Those “Paralegal” Services for Divorce?
Nevada has no certification or licensing for “paralegals.” Anyone can call themselves a “paralegal.” “Paralegals” cannot give legal advice and cannot represent anyone in court. Paralegals who operate under the supervision of an attorney are very valuable but they cannot give legal advice on their own.
What many “independent paralegals” do is provide standard forms that are used for many different people no matter their circumstances. This would be analogous to a hospital clerk operating on a patient. If money is the reason you are considering using a “paralegal,” then be aware that we offer a low price guarantee and payment plans.
An Unsolicited Comment from a Client
“My case was very complex and The lawyer was very helpful. The staff was so kind to me even though I was a little edgy because i was stressed about my case. they calmed me down and always stay professional so thanks for that and thanks for taking my case when it was so complex. I’ve never been happier than I am now.” Kristen M. – 10/9/2014.
How Do I Get a Free Divorce Consultation?
Call our office at 702-476-9629 to set up your free consultation.