What To Expect During Your Divorce
To understand what you should expect during a divorce in Nevada, the lawyers of Hanratty Law Group can walk you through the process step-by-step. Your attorney will assist you with all documentation and court process. Don’t worry, Hanratty Law Group handles all the documents, service and filings.
- Unless trying to negotiate settlement prior to filing, filing a Complaint for Divorce is your first step;
- The Issuance of a summons through the Court;
- Request a Joint Preliminary Injunction (JPI), which stops either spouse from depleting marital assets, incurring shared debts, or harassing either party;
- Serve the complaint, summons and JPI to the opposing spouse through a nonparty to the action;
- After serving the opposing party, filing of the Affidavit of Service;
- File an affidavit of residence witness (someone who can attest to the fact that you are a resident of Nevada and who has seen you in the State of Nevada four (4) or more times per week since six (6) weeks before filing the complaint);
- Your spouse will need to file an Answer and Counterclaim. A Counterclaim is only necessary if they deny the terms in the Complaint and the divorce is contested.
- You would then file a Reply to Defendant’s Counterclaim that admits or denies the requests made by your spouse;
- If children are involved and you and your spouse cannot resolve the issue of custody, mediation through Family Mediation Services is mandatory in most cases. Under certain facts mediation from Family Mediation Services can be waived. If children are not an issue or the issue of custody has been resolved, the court will set a trial date to resolve all financial matters.
- At any point throughout the Divorce process, a Motion may be filed that requests the Court make a specific order. The purpose of a Motion will vary based upon the specific type of case but may deal with issues related to children, child support, payment of community bills and/or temporary support. When filing a Motion, a hearing date is assigned which will likely require your attendance at Court. As with the complaint, your spouse may file an Opposition and Counter motion. With a few exceptions, a Financial Disclosure Form must be filed within three days of the filing of a Motion.
- At any time, you and your spouse can reach a settlement. Hanratty Law Group is active in attempting to resolve cases. We believe settlement is advantageous because it reduces the time and cost associated with divorce. Hanratty Law Group encourages clients to participate in mediation as an alternative to an evidentiary hearing or trial. In the event settlement cannot be reached, Hanratty Law Group is ready, willing and able to aggressively litigate at the evidentiary hearing or trial.
This list is a simple overview of how your divorce may happen. However, your situation may vary according to your unique circumstances. We will help you understand each step of the process and advocate for your interests throughout your divorce.
Begin This Process With A Skilled Lawyer
Because divorce can be a complex process, it is important to rely on experienced legal counsel. Our committed attorneys are available for a consultation in Summerlin and the Las Vegas area. Call us at 702-570-9287 or contact us online to discuss your divorce case.