This is the next post in my series on the process one will deal with when getting divorced in Las Vegas or other southern Nevada areas. My last article discussed why the discovery process is important in a divorce case. It is important to understand that discovery is how necessary evidence is obtained for litigation purposes. If one does not properly conduct discovery then there is a good chance that they will be unprepared for trial. An experienced attorney will be able to assist with discovery. In this article I will be discussing what to expect during trial. If you are in need of assistance then contact my office today to speak with a lawyer.
A divorce trial will begin with opening statements. The lawyer for the Plaintiff (the party who filed the Complaint and initiated the case) will make their opening statement first. The attorney for the defendant will then make their statement. Opening statements are made to the Judge as there are no juries in Family Court. Once the opening statements are completed then the Plaintiff will present their evidence and witnesses. The defense will follow with their evidence and witnesses. The Plaintiff will then proceed with “rebuttal” evidence and testimony. Rebuttal is not a time for new arguments or information; this part of the case may only be used to directly address claims made by the defense.
Each side will make closing arguments after all evidence has been presented. The Judge will either issue a ruling shortly after these arguments are presented or the Court will inform the parties that a written order will be forthcoming. Once the Court has issued its rulings then a Decree of Divorce will be entered and the matter will be concluded. All issues will be resolved in the Decree. This includes the divorce itself, along with spousal support, child custody, child support, as well as visitation. If either party disagrees with the outcome of the trial, then they may file an appeal. An appeal, however, is not a new trial. An appeal may only conclude that the Trial Court made an error of law or that the facts of the case were misinterpreted.
While the foregoing may sound straightforward, it must be understood that trial is an extremely complicated process. The rules of procedure and evidence will be followed and enforced by the Court. This means that if evidence is not presented properly then it may go unconsidered by the Court. Conversely, failing to properly object to evidence offered by the other side can result in the Court considering evidence which it would otherwise not have. This can hurt a case for obvious reasons. Having an attorney, who is experienced in the handling of divorce trials, can have a meaningful impact on the outcome of this process.
If you or a family member are in need of assistance then contact my office today to speak with a Las Vegas divorce lawyer. I practice exclusively in the area of family law and have extensive experience in trying cases before the Clark County Family Court. I understand that this is an important time in your life and my office will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. We look forward to speaking with you.