Experiencing a divorce is one of the most stressful events that can occur. Issues including assets and custody are at the core of any divorce. A Reno divorce lawyer can offer trusted guidance that will help you achieve the best possible outcome and walk you through the process from start to finish.
There are two ways a Reno divorce attorney can help you get divorced in Nevada:
- Joint Petition
- Complaint for Divorce
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This is an uncontested divorce. An uncontested divorce is the quickest, and most economical manner of ending the marital relationship. In order to proceed with an uncontested divorce, both parties must agree on all issues including division of assets/liabilities, child custody and child support. In the event both parties agree to a majority of issues and are willing to negotiate, a licensed attorney may help you reach a global resolution.
Complaint for Divorce
A Complaint for Divorce begins with one party filing the necessary paperwork and being issued a Summons to serve upon the other party. The first hearing, or a Case Management Conference, is then set. At the Case Management Conference, the court will establish temporary orders regarding: assets, debts, child custody, child support and spousal support. Thereafter, if there are children involved, the court will send both parties to Mediation to form a “Parenting Plan.”
At the CMC, the court will set the second hearing date, called a Settlement Conference. The Settlement Conference is longer in duration than the CMC and is intended to settle all issues of the divorce, without the need to go to trial. At the SMC the judge may caucus with each side individually with the goal to reach resolution. The SMC is an important part of the divorce process and should be participated in with good faith from both sides. If the parties fail to reach a settlement at the SMC, the court will set the divorce for trial.
At trial, each party may testify, enter evidence, and make legal arguments with the assistance of counsel. At the conclusion of the trial, the judge will issue a final order regarding all contested issues.
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This determines who gets what, but in a fair and amicable way. As defined by law, “There must be an equal division of the debts and assets of the community.” There are certain exceptions but these are rare. Houses, cars, credit cards and medical bills must be divided equally between both parties.