This is the next article in my series on the process one must deal with when going through a divorce in Las Vegas, Nevada. My last article discussed how to start a divorce case. As mentioned, the case will begin when a Complaint is filed with the Court. Additional documents, such as a Preliminary Injunction, can also be filed and can prevent a spouse from doing immediate harm to the parties’ situation. This article will continue upon that discussion by explaining what one should expect at the initial hearing in the matter. If you or a family member are in need of assistance then contact my office today to speak with a family law attorney.
The first hearing in a divorce case will typically regard a Motion for Temporary Orders
I have previously discussed making a request for temporary orders in divorce case. A Motion for Temporary Orders is typically filed immediately once a case has begun. This is a request, made to the Court, for an interim structure in regards to child custody, child support, spousal support, etc. Once granted, the order gives the parties a structure which they must follow until the case is completed. This prevents the situation from turning into a “free for all” while the case is pending; without a temporary order, there would be no requirements regarding any aspect of the case. This can lead to several problems for obvious reasons. It should be remembered that a temporary order is just that – temporary. It is only meant to last until the case settles or concludes at trial.
The hearing on a Motion for Temporary Orders is typically held four to six weeks after the Complaint is filed. The hearing is not a trial; there is typically no testimony and it consists of the attorneys for each side making oral arguments in front of the Judge. After hearing arguments, the Judge will issue a decision and a written Order will be signed by the Court shortly thereafter. It is common for a party to believe that they have a “strong case” and that they should receive more than the Court grants at the initial hearing. It must be remembered, however, that the Court is only considering limited evidence at this hearing and that the discovery process (which allows for the accumulation of evidence) begins shortly after the hearing is held. Also, it must be understood that how the Court will rule in any given case will always depend on the facts of the matter.
Las Vegas judges will modify a temporary order if a party fails to follow it
An important fact to note is that, while a Temporary Order is only meant to last until the case is completed, it can be modified. If, for example, a parent is refusing to follow the temporary custody and visitation requirements which the Court put in place, then the Judge may hold that party in Contempt and modify the Order. Also, how well a party complies with the Temporary Order is an aspect which the Court is permitted to consider in many aspects of the overall case. In other words, failing to comply with the Order can lead to greater problems for a party. Staying in regular contact with your attorney, while the case is pending, can help to ensure that you are complying with the Order.
If you are in need of assistance then contact my office today to speak with a Las Vegas divorce lawyer. My firm practices exclusively in the area of family law and we will give your case the attention it deserves. We pride ourselves on providing the highest level of representation and we recognize that this is an important time in your life. Contact us online or by telephone today.