This is the next post in my series on the process one faces when going through a divorce in Las Vegas and other southern Nevada areas. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney if you are in need of assistance. It is important that you speak with counsel sooner, rather than later, to ensure that your rights remain protected. In this article I will address the topic of how to begin a divorce case in our state. If you require help then contact my office today to speak with a lawyer.
Nevada divorce cases begin with the filing of a Complaint
A Nevada divorce case is initiated by filing a document known as a “Complaint” with the Court. The document will be titled as a “Complaint for Divorce.” If the parties have children then it will be titled as a “Complaint for Divorce and Child Custody.” The Complaint will state the names of the parties, when and where they were married, the reason for the divorce (which will typically be irreconcilable differences), a statement as to whether spousal support should be paid, and statement as to who should receive child custody and child support. The document will be served on the other side after it is filed. The opposing party will have roughly three weeks to file an Answer and Counterclaim. If the opposing party does not file an Answer within an appropriate time then they may be placed in Default. If a Default occurs then the initiating spouse may seek a Default Judgment.
There are other documents which will be filed concurrently with the Complaint. These documents include a Joint Preliminary Injunction, which is issued by the Clerk’s Office as a matter of course. This document, once served on the other side, mandates that the other party not engage in major financial transactions or that they not attempt to move out of the state with the minor children without Court approval. This helps to ensure that one is not “cleaned out” financially while awaiting the first hearing. It also helps to ensure that the other party does not abscond with the children. If a party violates the injunction then they risk being held in Contempt of Court as well as having to reimburse the marital community for any financial harm caused.
Retaining a Las Vegas divorce lawyer can help to ensure that your case is handled correctly
There are several issues which can quickly complicate a divorce case. The division of community property is often not as straightforward as some may think. This is due to the fact that there may be disputes over whether property or debt is “marital” or “separate.” Also, disagreements over the division of pensions, the possession of a marital residence, and child custody are often sticking points which can prolong a case. How the Court will rule on these issues will always depend on the specifics of the situation. Having an attorney who is familiar with the process, and who is versed in the law on these topics, helps to ensure that you are making the best possible case to the Court.
If you are ending a marriage then contact my office today to speak with a Las Vegas divorce lawyer. I have devoted my career to the handling of domestic relations cases and my firm strives to provide the highest level of service. We will make sure that you know what to expect from the process and will be in regular communication with you as the case moves forward. Contact us online or by telephone today.