Las vegas divorce process

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Divorce Process: Complaint & Answer

• One spouse files a Complaint for divorce with the Family Court and serves the filed copy upon the other spouse.

• A summons is the official notice to appear in court.

• Preliminary Injunctions put both parties on notice to not sell or dispose of community property.

Opposing Spouse has20 days to file a

response to Complaint called an

Answer.

Step 1: Complaint,

Summons Filed


Divorce Process: Complaint & Answer

• The official response to a Complaint is called an Answer.

• The Answer is simply a response to the allegation listed in the Complaint.

• The spouse filing the Complaint is called the Plaintiff. The spouse filing the Answer is called the Defendant.

If an Answer is not filed the Plaintiff could

take a default judgement.

Step 2: Answer


Divorce Process: Financial Disclosure Form

• Financial Disclosure Forms (FDF) are filed with the court.

• These forms are used by the court to make all financial decisions on assets, debts, child support and spousal support.

Step 3: Financial

Disclosure Form


Divorce Process: Temporary Orders

• Final decisions in cases may take months. The courts will allow either party to apply for temporary orders while the divorce is preceding.

• Typical requests in a temporary order are child custody schedule, spousal support, or to decide who can live in the home.

• A motion is used when a party requests something from the judge.

Opposing spouse has10 days to file a

response to a motion. The court will set a hearing date for the

motion.

Step 4:Temporary Orders

Motion


Divorce Process: Mediation Center

• Almost all cases involving custody will be referred to the family mediation center before moving forward with discovery.

• The mediation is free and is handled by a licensed mediator.

• The mediation is only focused on child custody and child support.

The mediator does not have binding

authority. If parties cannot agree then the case moves forward

Step 5: Mediation Center


Divorce Process: Return Hearing

• The court will schedule a return hearing to discuss which issues have been resolved and do the parties need to move forward.

• The next phase is discovery. This is where both parties are allowed to gather evidence to present at the final phase; trial.

• There are five main areas to decide in a divorce; child custody, child support, division of debt, division of assets, and spousal support.

Step 6: Return Hearing


Divorce Process: Discovery

• Both parties will need to present evidence to support their positions. Discovery is the process where this evidence is found.

• Main types of discovery includes; requests for documents, subpoenas for documents, request for answers to questions, and depositions of witnesses.

Step 7: Discovery


Divorce Process: Case Management Conference

• A Case Management Conference (CMC) is where both parties who have not settled all the terms meet in front of the judge to discuss areas of settlement and to set the discovery and trial schedule.

More than 80% of cases will settle prior

to or at the CMC

Step 8: Case Management

Conference


Divorce Process: Trial

• Trial is often referred to as an evidentiary hearing. This is the day a judge hears and reviews all the evidence before making a decision.

Step 9: Trial

A judge’s decision is the final order