Starting a Divorce
Before filing a “Complaint for Divorce” your first consideration must be the attorney or law firm that you retain. Your lawyer works for you so you must be comfortable with your attorney. Does your lawyer have time for you? Are your calls returned promptly? Does you lawyer look for ways to settle issues, thereby saving you money, or does your lawyer insist on going to court. Once you have retained an attorney you are comfortable with, spend time with her to review your case and explain what you need. Only after your attorney fully understands your needs should the divorce process start.
The divorce is started when a “Complaint for Divorce” is filed. The Complaint is a plain statement of the facts and generally states that you and your spouse are incompatible in marriage, and asks the court to dissolve your marriage. To file a Complaint, one party must be a resident of Nevada.
After the Complaint is filed with the clerk of the court, your spouse is “served” with divorce papers by a process server. Your spouse then has twenty (20) days to file an “Answer.” An Answer is a denial or admission of the allegations contained in your Complaint.
During the divorce process, “Motions” are filed by your attorney. A Motion asks the court for relief during the course of your divorce. Relief may include spousal support, child custody, child support, exclusive possession of the marital residence, visitation, or help with other issues you may have. It generally takes three (3) weeks to see your judge when a Motion is filed. If you have an emergency or exigent circumstance, the judge may decide to hear your Motion sooner than three (3) weeks.
Parents should work together to decide the custody of their children. It is in your children’s best interests to have parents who can work together, even if divorcing, for the best interests of their children.
If you and your estranged spouse cannot decide on custody, the court generally works in this manner:
A “temporary” order will be entered to establish custody during the pendency of your divorce. Temporary Orders are simply that - temporary and they issued without prejudice. This means the temporary order does not prejudice the party without custody when you return to court to finalize custody.
You will be asked to participate in mediation regarding child custody. In Clark County, the Family Mediation Services, part of the Family Court, provides this service.
If you and your spouse cannot agree on custody during mediation, you will return to court. At that time, your judge will set a date for a trial in the matter to establish custody.
Generally, child support is based on the gross income of the parent obligated to pay support.
No, that would be silly and tie the courts up in endless and unnecessary litigation. Child support is viewed as transfer of income from one parent to the other so that your children are adequately supported by non-custodial parents. Your child support payment helps to support your child. It covers things children need, such as food, clothing, rent, utilities, the cost of gas to go to school,
You have a variety of alternatives available when visitation is improperly denied. A favored remedy is compensator time. Under some circumstances a denial of visitation can be a basis to modify custody in favor of the injured parent.
1. Plan for the future. You may not be able to keep your home. Or, if your home is worth less than your mortgage, think about how the mortgage will be split between both of you.
2. Your children may be forced to change schools. Help them. Discuss a new school with school counselors and administrators.
3. You may need to share your pension.
4. In divvying up household items, you may not be able to keep your favorite
painting or casserole dish.
5. Two can live as cheaply as one, as long as they are living together. That does not happen in a divorce. You may not have as much money for everything you want. Budget accordingly.
6. You will have visitation schedule for your children or even the family pet.
7. Your children will go to your former spouse for permission when you say "no."
8. Your old friends may not be your friends anymore.
9. If you earn more than your spouse during marriage, you may be required to pay your spouse's attorney's fees.
10. If you get a Court Order requiring your spouse to pay your attorney's fees, you will still be required to pay your attorney, not your spouse. You contracted for the legal services, not your spouse. An award of attorney's fees and collecting that reward are two very different things.
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