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Divorce Lawyer Information
Justice Law Center has been representing the people of Ely Nevada in their divorces for over 25 years.
While we understand that nobody ever looks forward to looking to hire an Ely divorce lawyer, it is normally always in your best interest to have an experienced and professional attorney represent you.
There are many things that can, and likely will go wrong if you try to represent yourself in a contested divorce proceeding. At Justice Law Center, we are an Ely Nevada law firm, but we are also a legal information resource for the people or Ely Nevada. Here, we have put together some information on the Nevada procedure for contested and uncontested divorces, so our community can make informed decisions when it comes to hiring representation.
Contested Divorce Information
Contested divorces are legal actions that occur when the two, soon to be former spouses, cannot agree on all the matters involved in the divorce. The case begins when one of the spouses files a “Complaint for Divorce” in the district court. The spouse who files the complaint is then known as the plaintiff in the matter.
After the complaint has been filed it must be formally served on the other spouse, with proof of service filed with the court. Then, the spouse receiving the complaint, now known as the defendant, has a specific amount of time to respond to the complaint and then even file a counter claim against the plaintiff. At this time both the plaintiff and defendant must file a “financial declaration” that details the individual income and expenses of both parties.
The first hearing in a Nevada divorce is to establish temporary orders in the case, pending the final resolution. Prior to the hearing both sides need to file a statement asking the judge for what temporary orders that they would like issued, then the judge will make a final decision at the end of the hearing. These temporary orders cover who is going to be paying what bills, temporary custody and visitation for any children, who gets to remain residing in the martial residence and if there is going to be any temporary child support or alimony paid.
After the first hearing, both parties divorce lawyers must exchange all evidence that will be used in the case that shows what kind of assets and debts the couple has incurred over the course of the marriage, and any other documents that they intend to use in court. If there are a lot of assets, this “discovery” phase can be very time consuming.
Normally, the next hearing that is scheduled in a Nevada contested divorce is a settlement conference. This is when the judge will really lean on both parties to agree on a settlement of all the issues. Before or after this hearing it is likely that divorce mediation will be ordered by the judge. Mediation is a meeting that occurs with the two spouses, a mediator, and no attorneys. The purpose of mediation is to try to get the parties to agree on a settlement out of court.
If a settlement cannot be reached through any of the hearings, mediation, or negotiations between the two divorce attorneys, a trial will be held. Divorce trials are extremely expensive and time-consuming ordeals. They can sometimes last up to a week or more, depending on the issues. The sheer expense of divorce trials is so immense that it is rarely in either party’s best interest to go forward with one.
Uncontested Divorce Information
In the instances where you and your spouse can agree on all of the issues, such as child custody, child support, alimony and the division of assets and debts, you can have the uncontested divorce paperwork drawn up and filed with the court. This agreement involves a great amount of communication and cooperation with you and your spouse but is much easier because neither one of your have to actually appear in court.
The uncontested divorce paperwork must include all the acknowledgements, declarations and information set forth by Nevada law. This paperwork bust be legally adequate or it will be rejected by the court clerk or the judge’s office. Things like jurisdiction and a complete accounting of the separation of all the assets must be included.
Nevada law also demands that if there is a minor child, custody and child support must be clearly stated in the uncontested divorce paperwork. Your divorce lawyer will know all of the statutes that must be followed when filling out this paperwork when it comes to custody and child support.
After the uncontested divorce paperwork has been filed, it will go to the judge for review. As long as all of the statutes have been followed, and the judge declares the paperwork as legally adequate, the judge will sign the prepared divorce decree and that becomes the final order in the divorce.
Justice Law Center for your Ely Divorce Lawyer
We have been helping the residents of Ely Nevada with their divorces for over 25 years. Justice Law Center is a premier Nevada law firm, and we are here to help you and your family in this difficult time.
Whether or not your divorce is contested or uncontested, our team of divorce lawyers are ready to help you. We care about each one of our clients here at Justice Law Center, and our rates are affordable.
Call us today for a free consultation.