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Divorce is the legal separation of a husband and wife by the judgment or decree of a court which terminates the marriage relationship. Obviously, for many people going through a divorce, it can be a very difficult and emotional time. That is why it is so important to have the sound, rational legal advice of an experienced Las Vegas divorce lawyer. The attorneys at Adams & Rocheleau, LLC, have extensive experience in all aspects of divorce law and litigation. The legal problems which may arise from divorce note only include issues relating to the legal termination of the marriage, but what should happen after the marriage has terminated. These issues most often involve children and/or money.
What are the grounds for divorce in Nevada?
>>Irreconcilable differences
>>Insanity for two years prior to the action
>>Spouses living separate and apart for more than one year.
To obtain a divorce in Nevada, it is not necessary to make or prove allegations of adultery, mental cruelty, etc.
What is the residency requirement necessary before filing a divorce suit?
Six weeks residence in the state. You must provide a witness who lives in Nevada who can testify from his or her personal knowledge that you have lived in Nevada for at least six weeks.
Divorces may be either Contested or Uncontested.
Contested Divorce
Contested Divorces are those cases wherein the husband and wife are unwilling or unable to come to a mutual agreement on all issues regarding their divorce.
While Nevada is a "No-Fault" state and the spouses cannot contest the actual dissolution of the marriage, various important issues like the Division of Property, Alimony/Spousal Support, Child Custody, Child Support, and whether Prenuptial Agreements can be enforced are often contested.
The Initial Consultation
Each case starts with a detailed and comprehensive initial client consultation with one of the experienced Las Vegas divorce lawyers at Adams & Rocheleau. Each case is either conducted or directly overseen by Managing Partner, Stacy M. Rocheleau, Esq. If you are outside the State of Nevada, our office will provide a consultation by telephone. After you retain Adams & Rocheleau, your legal team will consist of a litigating divorce attorney, a Managing Partner, a divorce paralegal, and a legal secretary.
The Divorce Litigation Process
A contested divorce matter will begin by the filing of initial pleadings such as a Complaint and Summons. There are some cases where the filing of additional pleadings such as preliminary injunctions or restraining orders is necessary. Next, your spouse will be served with the initial pleadings. This is called Service of Process. After your spouse is served with the Complaint, he/she must file and Answer to your Complaint. Thereafter, discovery is begun.
Discovery is the process of gathering all relevant information pertaining to your divorce case. We will serve on your spouse interrogatories (written questions), requests for productions of documents, and requests for admissions. Your spouse must respond and answer the discovery requests. If your spouse refuses to provide the information, we will get a court order to compel your spouse to comply. Discovery can take several months to conduct depending upon the complexity of your case.
Often before trial, a divorce case can be successfully settled. We will not advise settlement unless the terms of the settlement meet with your complete approval and is in your best interest. If your spouse is unwilling to settle the case on terms which are reasonable, then trial is the next step.
Each Nevada divorce trial is presided over by one of the many Clark County, Nevada, Family Court Judges. Managing Partner, Stacy M. Rocheleau, Esq., has extensive experience in conducting and managing divorce cases and is extremely well versed in the complexities of divorce litigation. The litigation teams of attorneys, paralegals and support staff, at Adams & Rocheleau aggressively defend the rights of their divorce clients and have an uncompromising commitment to obtain the best possible results for their clients.
Uncontested Divorce
When you and your spouse agree on all issues related to your divorce, you may obtain an uncontested divorce.
With children, the main questions are:
>>where will they live
>>who will make decisions on their behalf
>>how will they continue their relationship with both parents
>>who will provide the money needed to support them.
Questions about money generally concern:
>>how to divide property acquired during the marriage and
>>whether one spouse will provide money to support the other and, if so, how much and for how long?
Many times spouses will have already agreed on the main terms of their divorce. While we do not wish to change terms which have been agreed to by the spouses, the divorce lawyers at Adams & Rocheleau will advise you on whether the agreement is fair and equitable to you, whether it complies with Nevada law, and whether there may be additional terms that are in your best interest which you may wish to consider. However, you always have the final word on what the settlement terms will be.
Once final terms have been agreed to, Adams & Rocheleau will prepare the settlement agreement, Decree of Divorce, and other necessary documents for your review, approval, and signature. After all documents are complete and signed, your divorce will typically by finalized by the Clark County Family Court in one to three weeks.
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