What Happens When I File a Contested Divorce in Nevada?

Filing for a divorce, with or without child custody, can be scary.  I firmly believe it is important for our clients to be educated about the process and what to expect.  Information is power and can take some of the fear out of the divorce process. 

When You Agree

Many people are able to settle prior to filing for Divorce.  In those cases, a Joint Petition is often filed and a proposed Decree of Divorce submitted to the Court for review.  The Court may take up to sixty days to review the proposed Decree of Divorce once it is submitted; however, this is not always the case.  Often, when both parties are in complete agreement, it is possible for the divorce action to be finalized relatively quickly.  Still, not every divorce starts with an agreement.

When You Disagree

When you and your spouse do not agree prior to filing, you can utilize a private mediator and attempt to resolve your case.  You can also file a contested divorce.  There are some situations where filing a contested divorce immediately may be necessary.  This includes when a spouse is wasting assets and an order is needed to stop the waste.  Other examples exist.   Prior to attempting settlement, you should discuss any concerns you have that may require immediate filing of a contested divorce with a licensed Nevada attorney.

Nevada Contested Divorce

A contested divorce in Nevada usually starts with one party filing a Petition for Dissolution of Marriage.  This is served on the other spouse, who then has twenty days from the date of service to answer.  In a typical divorce, we expect clients to have the following Court appearances (these are listed in chronological order):

A Case Management Conference

This will occur with you, your spouse and your respective counsel, if any, appearing in Court.  These usually last approximately an hour.  They are for the purpose of addressing temporary needs such as temporary custody, visitation, child support, alimony and temporary attorney’s fees.  You may also wish to address other temporary issues such as use of the marital home or vehicles.  You should discuss your specific needs with your attorney to determine what issues should be brought up during this time.

Family Mediation

If you have children and you reside in Washoe County, Nevada, the Court may refer you to Family Mediation.  This is a wonderful program that will allow you and your spouse to discuss with a mediator issues related only to custody and visitation of your children.  Each party is required to pay a fee to participate in Family Mediation.  Fees are calculated based upon your income as reported in the Financial Declaration required by Nevada Rule of Civil Procedure 16.2.  Fees currently range from zero to three hundred dollars.

Settlement Conference

Regardless of whether you attend Family Mediation, a Settlement Conference will be scheduled in your case.  This is an opportunity to attempt to settle your divorce with the Judge who is assigned to your case.  You, your spouse and your respective counsel, if any, will appear at the Settlement Conference.  Many people are able to settle at this point.

Trial

If you are unable to settle your case, the Court will have to decide the issues that you cannot agree upon with your spouse.  This occurs through the process of trial.  During trial, you will have the opportunity to present your case through testimony, witnesses and evidence.  Both you, your spouse and your respective counsel, if any, will attend.

We find that clients who settle are happiest with the outcome.  You can settle your divorce at any stage of process if an agreement can be reached.  Although if this is not possible, you may have no option but to resolve outstanding issues at trial.

This article is intended as a very brief and general overview of the divorce process.  It is not intended to be an all-encompassing time line for divorce in Nevada.  There may be other steps in the process that are required by state and local rules.  It is important to consult with an attorney to ensure you are in compliance with such rules.

This article was written based primarily on proceedings in the Second Judicial District Court in and for Washoe County, located in Reno, Nevada.  It is important to remember that every case is different.  There may be other Court appearances required in your case.  If you are in another area of Nevada, the procedure could vary.  If you are outside the State of Nevada, you should contact an attorney in your state to discuss the divorce process in your state.

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.


reno divorce lawyer

Reno Family Law - Client Testimonials - The Luna Law Firm 775-329-1000

Reno Family Law 775-329-1000

K. Beth Luna, Esq. is licensed in Tennessee, Florida, and Nevada.  The information in the content above is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles divorce cases on a regular basis in the Reno, Carson, Nevada area.  We also represent individuals in Sparks, Carson City, Gardnerville, Yerington, Minden, Fernley, and Fallon, Nevada.

View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of Practice. Contact the Luna Law Firm today 775-329-1000 to schedule a consultation to discuss your Nevada family law or divorce matter.

What is a Conflict Check and Why Does it Matter?

When calling any law office for assistance whether it be a with regard to divorce, child custody, paternity, or another legal problem, you will most likely be asked immediately for your name and the name of the other party involved. This information is required to complete a conflict of interest check. Often, we have individuals who are reluctant to give out their name or even the opposing party’s name. Unfortunately, this information is absolutely necessary before an attorney can talk to you or give legal advice in a case.

The Nevada Rules of Professional Conduct state than an attorney cannot represent a client who is in conflict with any other client. See Nevada Rule of Professional Conduct 1.7. As a result, it is important that you provide the information necessary to determine that you are not a possible conflict before you speak with an attorney or give their office substantial information regarding your case. As a potential client, this protects you from giving details of your case to an attorney who is representing your ex or the other party.

When calling the Luna Law Firm regarding a divorce, child custody, or other family law matter, please be prepared to give your full name and the name of the opposing party. Our staff will check to see if you are a conflict. In the event that you are, we cannot tell you why. We can only tell you that you have come up as a conflict. This does not always mean the opposing party you have identified has contacted this office. It could be due to other contact by another individual as well. We will happily refer you to several other quality law firms in the area.

reno divorce lawyer

Reno Family Law - Client Testimonials - The Luna Law Firm 775-329-1000

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information in the content above is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles divorce cases on a regular basis in the Reno, Carson, Nevada area.  We also represent individuals in Sparks, Carson City, Gardnerville, Yerington, Minden, Fernley, and Fallon, Nevada.

View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of Practice. Contact the Luna Law Firm today 775-329-1000 to schedule a consultation to discuss your Nevada family law matter.

 

Deciding to Hire an Attorney in a Nevada Divorce or Child Custody Case

Child custody and divorce cases can be complicated legal matters. A question I hear frequently from potential clients is, “Should I hire an attorney?” The decision to hire an attorney is always up to the individual who is hiring. There are certainly a lot of factors to consider in that decision, two of which include the complexity of the case and if the other side has counsel. The American Bar Association recently conducted a study of Judges around the nation on their opinions as to individuals proceeding without counsel. Those statistics may give some indication on the need for counsel and the impact of not having counsel in a divorce or child custody case.

62% of the Judges interviewed viewed the outcomes for non-represented litigants as being worse and 37% of the Judges felt there was no impact. When asked about the range of problems pro per’ litigants had without counsel, the list included failure to present necessary evidence, procedural mistakes, failure to effectively examine witnesses or make proper objections and poor arguments. ABA Coalition of Justice, Report on the Survey of Judges on the Impact of Economic Downturn on Representation in the Courts.

While finances are tight for most families, if the decision is made to hire an attorney, there may be options to help afford the cost of representation. This can include looking for an attorney who provides payment plans or doing some of the work yourself to reduce your fees. As the survey indicates, representation in court can make a difference. If you cannot afford an attorney for the entire case, you may wish to only hire an attorney to represent you for court appearances. This option should be discussed beforehand with counsel to ensure your best options as there are timelines to provide evidence, witnesses and documents to the other side and Court. Those timelines, if missed, can result in evidence and witnesses being excluded. In addition, if an individual drafts their own paperwork, they must be sure to properly plead all items as this can result in loss of defenses or arguments if not properly pled.

Before hiring any attorney, one should take steps to insure that it is the right fit. The American Bar Association provides information on a Hiring an Attorney which may be helpful to review. Not every individual needs, requires or wants an attorney. Before making the decision to hire or not hire, it is vital to educate yourself on the pros, cons, and what to look for in counsel.

reno divorce lawyer

Reno Family Law - Client Testimonials - The Luna Law Firm 775-329-1000

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles annulment matters on a regular basis in the Reno, Carson, Nevada area.  We also represent individuals in Yerington, Minden, Fernley and Fallon, Nevada.

View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of PracticeContact the Luna Law Firm today 775-329-1000 to schedule a consultation to discuss your Nevada family law matter.

The Luna Law Firm is a Family Law Firm located in Reno, Nevada.
243 Stewart Street
Reno, Nevada
89501
US
Phone: 775-329-1000
Fax: 775-329-1007

Luna Law Firm Moves to a New Location in Downtown Reno

In order to better serve our clients, the Luna Law Firm recently moved to a new location. We are still located in Reno, Nevada; however moved into a new office, still in the downtown area.  The new location offers many advantages to our child custody, divorce, and other family law clients.  That includes plenty of parking and an easy to reach location.   The new office is still located close to the Second Judicial Court.  We look forward to seeing you at our new office space.

243 Stewart Street

Reno, Nevada 89501

Phone: (775) 329-1000

Facsimile: (775) 329-1007

The Luna Law Firm continues to serve clients in the area of family law in Reno, Sparks, Carson City, Minden, Yerington, Elko, Fallon, Fernley and Las Vegas.

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles annulment matters on a regular basis in the Reno, Carson, Nevada area.  We also represent individuals in Yerington, Minden, Fernley, and Fallon, Nevada.

View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of PracticeContact the Luna Law Firm today 775-329-1000 to schedule a consultation to discuss your Nevada family law matter.

How Long Does it Take to Get a Divorce in Nevada?

Nevada has a reputation for “quickie” divorces. This is due to the short amount of time in which Nevada will take jurisdiction over a party for purposes of filing a divorce and historically liberal divorce laws. Unfortunately, this is not an accurate reflection of the judicial process as it now exists in Nevada. Most other states have loosened harsh divorce laws since the early twentieth century, when Reno was known as the Divorce Capital.  While the history of Divorce in Nevada is certainly an entertaining tale, the “quickie” divorce is a distant memory.

If you are divorcing in Nevada, you probably want to know how long it takes to obtain the divorce.  This is a question we are asked daily. Unfortunately, there is no good answer.  The best answer is that every case is different. Some require more negotiation and Court proceedings while others settle relatively quickly. The timeline for completing a divorce can also be impacted by the location where it is filed and the Judge that is assigned to the case.

In Washoe County, most divorces are finalized within about six weeks from the date the Decree of Divorce is submitted to the Court for review. This can of course vary depending on the Judge assigned and any complications that arise.

Call (775) 329-1000 today to schedule a consultation

(775) 329-1000

Reno Family Law 775-329-1000

 

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida, and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles annulment matters on a regular basis in the Reno, Sparks, Carson City, and surrounding areas in the Northern Nevada area.  We also represent individuals in Yerington, Minden, Fernley, Fallon and Elko.

View our Family Law Blog with legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of PracticeContact the Luna Law Firm today 775-329-1000 to schedule a consultation to discuss your Nevada family law matter.

Why You Should Attend Parenting Classes During Your Nevada Child Custody Case or Divorce?

We commonly advise clients involved in child custody cases to consider attending parenting classes. While this may not feel necessary, it is often a good way to further educate yourself about co-parenting and improve your parenting skills. Attending a parenting class also shows the Court that you are interested and willing to take steps to improve your parenting and improve your co-parenting relationship with the other parent.

Parenting classes can be especially valuable if you are the parent who did less of the parenting during the relationship. It isn’t uncommon when there are two parents in the home for one parent to take on more of the parenting duties. If the other parent is expressing concern that your parenting skills are lacking, signing up and completing a parenting class can help alleviate that concern.

If there is a step-parent or significant other involved with your children, this individual can and perhaps should enroll and complete a class designed to educate them on their role with your children. It is not uncommon for parents to end up back in court after a new significant other enters the picture. A step-parent who understands their role and the importance of a good co-parenting relationship between the biological parents can be an asset when a child custody case arises.

If you are involved in a child custody action in Nevada, you should consider enrolling in and attending parenting classes. The Court often requires attendance at a co-parenting course during the case; however, there are other classes that may be of further benefit to you. The Children’s Cabinet in Reno, Nevada provides a number of classes that benefit your family. They produce a schedule on a regular basis; however you should sign up early as the classes frequently fill up.

The current schedule through June 30, 2013 for classes at the Children’s Cabinet is can be found here.  You can also learn more about the Children’s Cabinet by going to their website: www.childrenscabinet.org

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles annulment matters on a regular basis in the Reno, Carson, Nevada area.  We also represent individuals in Yerington, Minden, Fernley and Fallon, Nevada.

View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of PracticeContact the Luna Law Firm today 775-329-1000 to schedule a consultation to discuss your Nevada family law matter.

Supreme Court Begins Hearings on Same Sex Marriage

The United States Supreme Court will start hearings on same-sex marriage on Tuesday, March 26, 2013.   The two day hearings involve the Defense of Marriage Act and California’s Proposition 8.    This case has been highly anticipated and is considered by many to be a historic moment of great significance.  It could redefine marriage in the United States.  Although the Court will hear arguments over the next two days, experts believe a ruling will not be issued until June 2013.

Nevada has recently allowed domestic partnerships for both same-sex couples.  Nevada domestic partnerships are available for both opposite sex and same-sex couples.  Registration is done through the Secretary of State office.   Even those couples who are considered domestic partners in other states must register in Nevada in order to have their marriage recognized here.

The case before the Supreme Court may very well address a state’s right to allow for same-sex marriage.  This could impact Nevada’s domestic partnerships as well.  For additional updates, please feel free to check our website and the below links.  Included in the below links is information on both sides of the arguments and the timeline to the Supreme Court arguments.  For more information on the arguments, including a review of both sides, visit http://www.oyez.org/ssm/.  Additional information may also be found at http://www.cnn.com/2013/03/26/politics/same-sex-marriage-court/?hpt=us_c1.

The Luna Law Firm handles family law including domestic partnerships in the state of Nevada.

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles annulment matters on a regular basis in the Reno, Carson, Nevada area.  We also represent individuals in Yerington, Minden, Fernley and Fallon, Nevada.

View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of Practice. Contact the Luna Law Firm today 775-329-1000 to schedule a consultation to discuss your Nevada family law matter.

Fun Ideas for Your Child Custody and Visitation Time

Between homework, doctors’ appointments, bath time, and soccer practice, it’s important to find activities to share and enjoy with your child.  The Reno-Sparks area is full of fun, educational, and inexpensive opportunities to do just that.  Each week we will post about a local event or activity to enjoy with your family.

This Saturday March 8, 2013 is Second Saturday at the Nevada Museum of Art.  On the second Saturday of each month, admission to the museum is free, courtesy of the Nightingale Family Foundation.

In addition, the museum offers their Hands On program, sponsored by the Terry Lee Wells Foundation, Leonette Foundation, the Mathewson CLAT #5, the Sato Foundation, Art4Moore, City of Reno Arts & Culture Commission, and Western Nevada Supply.

This month, Hands On celebrates the “Art of Music” with art-projects, performance, and storytelling.  These activities are free for children.

The Nevada Museum of Art is located near downtown Reno at 160 West Liberty Street in Reno, between Sierra Street and Hill Street.

For more information, visit the museum’s website at:

www.nevadaart.org

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles annulment matters on a regular basis in the Reno, Carson, Nevada area.  We also represent individuals in Yerington, Minden, Fernley and Fallon, Nevada.

View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of Practice. Contact the Luna Law Firm today 775-329-1000 to schedule a consultation to discuss your Nevada family law matter.

Facebook Is Not Your Friend

Facebook is not your friend when it comes to child custody, divorce and family law matters. Nevada custody and divorce cases often involve evidence that has been obtained from Facebook.com.   Although the Luna Law Firm cautions clients to avoid disclosing information on Facebook during litigation, it isn’t uncommon for photos, newsfeeds or other information to be presented in court. This could include the behavior of a parent, information related to the waste of assets, and embarrassing photos posted by friends.

It is becoming a more widely recognized issue that the information you post on Facebook can be damaging. Recently, while listening to NPR in Reno, Nevada, I overheard a piece on employers firing employees over Facebook posts. In some cases prospective employers are even researching applicant’s Facebook pages prior to hiring. It is clear that Facebook is becoming a common tool for learning more about employees, job applicants and yes, even your former spouse and/or child’s parent.

Your child custody and/or divorce case can have a significant impact on your custodial rights and your life going forward following the case.  The last thing you or your attorney want is for damaging information posted in a public space such as Facebook to be discovered by the opposing party.

If I could urge one rule regarding Facebook, it is don’t open an account if you don’t already have one during your case. If you do have an account, avoid posting photos, comments or even liking items you might regret.  You should carefully monitor your account and ensure that friends and family members don’t post comments or photos that are damaging to your case. You should set your privacy settings to prevent posting without your approval.

Often clients tell me their Facebook page is private.  While you may have privacy settings set high, the friends on your page sometimes do reveal your information to the opposing party. It is best to assume that everything you place on that page will be reported to the opposing party in your case. You should also change your password no matter how certain you are that the other side may not have it.  Simply put, caution is the best policy.

For more information including NPR pieces on the subject of Facebook, please see

http://www.npr.org/blogs/alltechconsidered/2012/03/21/149095385/a-job-at-what-cost-when-employers-log-in-to-dig-in

http://www.npr.org/2013/01/10/169029734/companies-invest-in-new-employees-corporate-watchdogs

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles annulment matters on a regular basis in the Reno, Carson, Nevada area.  We also represent individuals in Yerington, Minden, Fernley and Fallon, Nevada.

View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of Practice. Contact the Luna Law Firm today 775-329-1000 to schedule a consultation to discuss your Nevada family law matter.

Washoe County Legal Advice – Free Drop Ins – Lawyer in the Library

Reno, Nevada Family Law Clinics:

Individuals in Washoe County, Reno, Nevada are fortunate to have access to free family law advice through the Lawyer in the Library Program.   This program also includes free advice in probate law, family law, and a general law session. Sessions provide a brief consultation lasting five to ten minutes.  Advice is limited and the attorney is not required to take your case, but can provide basic information.  Participants can sign up starting at 4:30 p.m. and draw numbers to determine the order in which they will speak to the lawyer.

Lawyer in the Library is held at the Washoe County Law Library located 75 Court Street, Reno, Nevada.  Dates and times can be found on the Second Judicial Court website and are listed below for the upcoming sessions in February 2013.

  • February 5, 2013 – Lawyer in the Library (Family Law) – 4:30PM — 75 Court St., Law Library
  • February 6, 2013 – Lawyer in the Library (General Law) – 4:30PM — 75 Court St., Law Library
  • February 12, 2013 – Lawyer in the Library (Family Law) – 4:30PM — 75 Court St., Law Library
  • February 13, 2013 – Lawyer in the Library (General Law) – 4:30PM — 75 Court St., Law Library
  • February 19, 2013 – Lawyer in the Library (Family Law) – 4:30PM — 75 Court St., Law Library
  • February 20, 2013 – Lawyer in the Library (General Law) – 4:30PM — 75 Court St., Law Library
  • February 20, 2013 – Lawyer in the Library (Probate Law) – 5:00PM to 7:00PM — 75 Court St., Law Library
  • February 26, 2013 – Lawyer in the Library (Family Law) – 4:30PM — 75 Court St., Law Library
  • February 27, 2013 – Lawyer in the Library (General Law) – 4:30PM — 75 Court St., Law Library

For more information, please visit the Washoe County Court website.

Reno Divorce Attorney The Luna Law Firm 775-329-1000

This article is not meant to be all-inclusive or a substitute for legal advice from a licensed attorney in your own jurisdiction.  If you are involved in a legal matter and have questions, you should contact a competent attorney in your own jurisdiction.

K. Beth Luna, Esq. is licensed in Tennessee, Florida and Nevada.  The information provided is based upon Nevada law only.  If you are looking for information for another jurisdiction, please contact an attorney in that area.  The Luna Law Firm handles annulment matters on a regular basis in the Reno, Carson, Nevada area.  We also represent individuals in Yerington, Minden, Fernley and Fallon, Nevada.

View our weekly legal articles by The Luna Law Firm – Family Law Blog. View a full listing of The Luna Law Firm Areas of Practice. Contact the Luna Law Firm today 775-329-1000 to schedule a consultation to discuss your Nevada family law matter.