—Robert H., divorce client
With Compassion, Understanding, and Sensitivity,
We can help you through every step of this difficult process.
A divorce begins with a Complaint. This document notifies the court and your spouse, when served, that you want the court to end your marriage. It also lists what you are asking for, such as child custody, spousal support, etc.
After a Complaint is served, the other spouse is entitled to file opposing papers.
Temporary orders set the rules while the case is pending. Either party can ask the court to make temporary orders stating, for example, who stays in the house, who is responsible for the children, who pays which bills, and restraining inappropriate conduct.
Each spouse is entitled to information from the other spouse and from third parties about the case issues. The legal procedures for obtaining that information are called discovery. Discovery may be a simple, speedy process or one consuming a great deal of time, energy, and counsel fees.
Most lawyers and judges agree that it is better to resolve a case by agreement than to have a trial in which a judge decides the outcome. Voluntary compliance is important because enforcement procedures available from the court are usually expensive and sometimes inadequate. For these reasons, following discovery – and at any time, even during a trial – the spouses and lawyers should try to negotiate a settlement.
Even if a case is settled by agreement, there are certain legal procedures that have to be followed to turn your agreement into a judgment and end your marriage.
If you and your spouse cannot settle your case, it will go to trial. At trial you each tell your story to the judge. It is told through your testimony, the testimony of other witnesses, and documents called exhibits. Trial is likely to be unpleasant. However it can be the only alternative to never-ending, unreasonable settlement demands.
Alternative Dispute Resolution
Couples often use an alternative to routine litigation to settle their cases, hence the term “alternative dispute resolution” or ADR. Courts very strongly encourage and accommodate alternative dispute resolution, which takes several forms, including:
- Neutral Case Evaluation
- Collaborative Law
An uncontested divorce is a divorce action wherein the parties agree to the terms of the divorce. The court requires specific forms to be filed and requirements to be met to obtain an uncontested divorce. Many parties who file uncontested divorces still use the services of a family law attorney to ensure their rights are protected pursuant to Nevada law.
A contested divorce is a divorce action wherein the parties disagree on the terms of the divorce. Many contested divorces are eventually settled by the parties with the assistance of legal counsel to ensure the parties have an accurate understanding of their rights pursuant to Nevada law.
—Marc Z., divorce client
What About Child Custody?
In the family court arena, nothing is more important to the parties than custody issues regarding their children. At Kelleher & Kelleher, the attorneys are all parents and we understand how important your children are to you. We are ready to aggressively represent you in child custody matters.
What About Alimony?
In Nevada, the family court is authorized to award alimony, also referred to as spousal support. The court is authorized to award temporary alimony to be paid by one spouse to the other spouse while the divorce litigation is pending. The court is also authorized to award alimony at the conclusion of the divorce litigation. When alimony is an issue in a divorce case in Nevada, it is important for a party to be represented by experienced and knowledgeable legal counsel.
Let us help you.
Whether you are thinking about divorce, are already in the process, or have a question regarding your case, contact us for a consult today!
Call us at (702) 384-7494