This is the next article in my series on the rights of married parents in Las Vegas, Nevada. My last article discussed why parents may wish to consider immediate divorce if they are in a bad situation. It is important to understand that the longer the current situation is allowed to go on then the more likely the Court is to consider it the “status quo.” This can result in the Court issuing an unfavorable custody ruling. In this article I will be discussing the process parents face in a divorce. This process can be complicated and it is strongly suggested that you retain an attorney to assist you. If you are in need of assistance then contact my office today to speak with a lawyer.
The divorce process begins when one spouse files a Complaint. This is a relatively short document in which the initiating parent will state that they wish the marriage to be dissolved. They will also state what they are requesting in terms of child custody, visitation, child support, and spousal support. The initiating parent will also typically file a Motion for Temporary Orders concurrently with the Complaint. These documents will be served upon the other spouse and they will be required to file an Answer to the Complaint. The hearing on the Motion will typically be heard within four to six weeks. At this hearing, the Court will put a temporary arrangement in place regarding custody, visitation, possession of the marital home, support obligations, and any other necessary issues. The parents will be ordered to attend meditation, in regards to custody, and a trial date will be set. The parties will be required to follow the temporary order while the case is pending, or else the Judge is likely to change the temporary arrangement.
If a settlement is not reached early in the process then the parties will engage in discovery. This is the process by which information is gained from the other party in litigation. There are several tools available for the acquiring of information. These include methods for acquiring documents, records, written answers to written questions, and sworn testimony. Discovery is a vital component of the process as, without it, a party may be without needed evidence at trial. There are rules which must be followed when engaging in discovery and a failure to properly follow them can result in a party not receiving the information they need.
The case will conclude at a bench trial if no resolution is reached. Unlike other types of legal proceedings, juries are not utilized in Family Court cases. The Plaintiff (the party who filed the complaint) will present their evidence and witnesses first. The Defendant will then present their case and the Plaintiff will follow with Rebuttal. Rebuttal is not a time for the Plaintiff to present new arguments. They may only use this part of the case to “rebut” claims that have been made by the Defendant. Each side will then make a closing argument. The Judge will issue a ruling and a Decree of Divorce will be entered. This will conclude the litigation and each side will be required to follow the Judge’s orders.
While the foregoing process may sound straightforward, it is important to understand that it is not. The rules of evidence and procedure will be enforced throughout the process. A failure to follow these rules can have adverse consequences for one’s case. Moreover, such matters can involve complicated issues of fact and law. Having an experienced attorney to assist you can help to ensure that your case is handled correctly from beginning to end.
I am a Las Vegas family law lawyer who handles both divorce and child custody matters. I practice solely in the area of domestic relations law and my firm will give your case the attention it deserves. Contact us online or by telephone today to schedule your initial consultation. We will promptly respond to messages, quickly reply to phone calls, and will ensure that we are available to answer your questions throughout this process. We look forward to speaking with you.