Nevada Divorce
Step 1: What Type of Divorce Will You Have?
Divorce is the legal process of ending a marriage, dividing property and debt, and deciding where and when children will spend time with their parents.
Ending a marriage is always a difficult and upsetting process on several levels. Not only are emotional ties being severed, but property and children can
be the topics of disagreement. The first thing one usually does is determine whether they agree with their spouse on all issues or not.
There are two types of divorce: Uncontested and contested. Uncontested is where the parties agree on every single issue. This is a relatively quick, easy,
and inexpensive process. Contested divorce is where the parties do not agree and we have to argue to the court to get what you want.
Step 2: If You Agree on All Issues for the Divorce
We will meet with you and draft the Joint Petition and associated documents and attend any necessary hearings (sometimes this is not necessary).
Step 3: If You Do Not Agree on All Issues for the Divorce
We will meet with you and draft the initial pleadings for a contested divorce. The Plaintiff typically files a Divorce Complaint to start the process and a
Motion for Temporary Orders to obtain rulings from the court on temporary matters such as where the children will live and how much child support
will be. The defendant then has 20 days to answer the Complaint and 10 days to oppose the Motion. Generally within 30 days, a hearing will be held and
the Judge will make temporary decisions.
Step 4: If The Other Side Will Not Settle the Divorce
Hopefully the other spouse will be made to see the merits of your case and you will be able to settle getting what you want. If they insist on taking you to
trial then the following may occur:
Discovery: The process by which the gathering or "discovering" of evidence occurs is called "discovery." This is used to prepare for trial and also has
the powerful effect of motivating people to settle their case. During this process the lawyer must review the case, develop a theory of the case, gather
witnesses and exhibits, and develop questions and write opening and closing statements. During this phase, your lawyer will send questions to the other
side called "interrogatories," and demand documents "request for production of documents." Your lawyer may also send Request for Admissions and
subpoena both people and records.
Trial: A family court trial is much like what people see on television courtroom dramas, except there is no jury. There are opening statements, witnesses,
exhibits, cross examination, objections, and closing statements.
As You Go Through The Above Steps Your Divorce Lawyer Will Explain What Divorce Law is in Nevada
Nevada divorce law is very complicated and is mainly comprised of the Nevada Revised Statutes, hundreds of cases, Nevada Rules of Appellate Procedure,
Nevada Rules of Civil Procedure, and, in Las Vegas, the Eighth District Court Rules court. For example, NRS 125.010 lists the causes for divorce:
- Insanity existing for 2 years prior to the commencement of the action. Upon this cause of action the court, before granting a divorce,
shall require corroborative evidence of the insanity of the defendant at that time, and a decree granted on this ground shall not relieve
the successful party from contributing to the support and maintenance of the defendant, and the court may require the plaintiff in such
action to give bond therefor in an amount to be fixed by the court.
- When the husband and wife have lived separate and apart for 1 year without cohabitation the court may, in its discretion, grant an
absolute decree of divorce at the suit of either party.
- Incompatibility.
Why is an Experienced Divorce Lawyer Important to My Case?
Family law is full of traps and pitfalls for the unwary. This is especially true because Family Court has its unique way of processing cases. In addition, each
Judge has their own way of doing things. For example, some Judges will refuse to allow one side to speak in a motion hearing if no opposition was filled
while others will allow this. Some Judges allow oral motions while others do not. In addition, documents must be written to anticipate problems.
Can’t I Just Use One of Those “Paralegal” Services for Divorce?
Nevada has no certification or licensing for “paralegals.” Anyone can call themselves a “paralegal.” “Paralegals” cannot give legal advice and cannot
represent anyone in court. Paralegals who operate under the supervision of an attorney are very valuable but they cannot give legal advice on their own.
What many “independent paralegals” do is provide standard forms that are used for many different people no matter their circumstances. This would
be analogous to a hospital clerk operating on a patient. If money is the reason you are considering using a “paralegal,” then be aware that we offer a low
price guarantee and payment plans. A paralegal is not a divorce lawyer.
Who is Divorce Attorney David Mann?
Attorney Mann is one of the busiest and most prominent attorneys practicing primarily in family law in Southern Nevada.
Mr. Mann has successfully handled hundreds of family law cases. Before starting his own firm, Mr. Mann was an attorney at one of the most prominent
law firms in the U.S. and a former Judicial Law Clerk - viewed as the highest honor a law graduate can achieve, a Judge selected Mr. Mann who assisted
in Chambers and worked with hundreds of court cases. Mr. Mann’s representation is built on the highest education: Master's Degree, Juris Doctorate,
Former Ph.D. Candidate with a B.A. in Communication Studies, where he studied argumentation, logic, and rhetorical theory. Mr. Mann earned the Ask-A-
Lawyer Community Commitment Award for Pro Bono Service in 2009. He also excelled in law school: Mr. Mann graduated from UNLV's William S. Boyd
School of Law in 2007 where he excelled: 1st Place Co-Winner: 2005 Clark County Bar Client Counseling Competition; 3rd Place Co-Winner: 2006 ABA
Regional Client Counseling Competition; CALI Award: Contract Theory; Society of Advocates Member/Competitor: 2006–2007; Student Bar Association
Vice President (eve.): 2005-2006; Family Law Community Service: Spring 2005; and law student extern at Family Court.
How We Can Help with Your Divorce
We are experienced and aggressive. We will use our arsenal of legal knowledge and experience to help you through this difficult period in your life. Also,
we have payment plans to assist you.
How Do I Get a Free Divorce Consultation?
Call our 24 hour hotline at 702-373-1116 to set up your free consultation.