What is a divorce?
A divorce is a legal process to end a marriage. the divorce resolves issues between spouses regarding child custody, asset and debt division, and financial relief.
Uncontested vs. Contested Divorce
Uncontested Divorce
An uncontested divorce is one in which both the spouses agrees to the divorce and ALL of the terms to resolve the case- if children are involved, the spouses agree to the timeshare, holidays, vacations; the spouses agree to the division of all assets and debts; and agree on any financial payments owed from one spouse to the other.
The process for an uncontested divorce usually is less than four (4) weeks. No Court appearance is required in most situations.
Contested Divorce
A contested divorce is one in which the spouses are unable to agree on ALL of the terms. This may include one issue in dispute, but that means the issue is contested rather than uncontested.
There are options to try and resolve the case including mediation or a settlement conference.
The process for a contested divorce usually takes between six and nine (6-9) months, but depends on the Judge assigned to the case. Custody must be resolved first.
Plaintiff vs. Defendant
- The Plaintiff is the party who files the divorce action.
- The Defendant is the party who responds to the request for divorce.
In initial proceeding and Trial, when a Motion is not filed, the Plaintiff usually has the opportunity to present information first and last to the Court. This means the Plaintiff speaks first and last. This can vary from courtroom to courtroom, but is generally what happens in the litigation process.
Flow Chart for Divorce
1.Complaint is filed, and Summons is obtained from the Clerk of Court.
2.The Defendant is served with the Summons and Complaint.
3.The Defendant has 21 days to file a responsive pleadings or a Default can be sought. See the next slide regarding a Default.
4.If the Defendant responses with an Answer and Counterclaim, the Plaintiff files an Answer to the Counterclaim.
5.Both Parties file Financial Disclosure Forms pursuant to the local rules, and make mandatory disclosures pursuant to Nevada Rule of Civil Procedure 16.2.
6.A Case Management Conference is set by the Court which is usually the initial hearing to move the case to Trial. This usually happens within 60 days after the Answer is filed.
7.The Court may issue temporary Orders at the Case Management Conference to get the Parties to Trial.
8.Discovery- depositions, interrogatories, admissions, requests for production, Subpoenas etc.
9.Trial and Decision.
Default
A default is sought when the Defendant does not file a responsive pleading to the Complaint for Divorce. In a default, subject to Court approval, the Plaintiff receives the relief requested in the Complaint for Divorce.
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