This is the next post in my series on matters which a Las Vegas father must deal with during a divorce. My last article provided an overview of topics this series will be addressing and stressed the need to speak with an attorney if you are facing a marriage dissolution. It is important to contact counsel sooner, rather than later, so that you make sure your case gets off on the right foot. In this article I will address an important topic – issues a dad faces immediately after a Nevada divorce is filed. If you find yourself needing assistance then contact my office today to speak with a lawyer.
In most Clark County divorce cases a Motion For Temporary Orders is filed immediately after the case begins. This is a request, by one of the parties, that the Court put a temporary arrangement in place which dictates issues such as child custody, alimony, child support, possession of the marital residence, as well as other matters. The Court will put such an arrangement in place so that the parties have a sense of structure while the case moves forward. It is important to understand that any rulings from the Judge at this preliminary hearing are not final; the Court’s permanent decisions will not be issued until trial.
If a father is the household’s primary breadwinner then he will likely be ordered to pay temporary spousal support as long as there is a meaningful income disparity between the parents. At the beginning of the case each party will submit a Financial Disclosure Form which lists their assets and monthly finances. The Court will use these forms as a basis for determining each party’s financial position. If a wife has been a stay at home mother, or has only worked part-time, then the Court will likely order her to begin a job search as a condition of receiving temporary alimony. Also, if there is a substantial difference in income then the Court may require the dad to pay a portion of the mother’s legal fees. This is due to the fact that Nevada law believes that each spouse should be on “equal footing” when it comes to legal representation.
After the initial hearing has been held then the discovery process will begin. This is how each side gathers information from the other and prepares a case for trial. Counsel can assist you in obtaining information related to employment, finances, medical history, drug use, criminal records, and more. If the parties do not reach a settlement at mediation or through other means then the case will conclude with a bench trial.
It is important to understand that the Court’s initial Orders must be followed. If, in between the time of the initial hearing and trial, a father does not pay Court Ordered support, does not timely return the children, and causes conflict with the mother then such behavior will not bode well when it is time for a Judge to make their final decision. If you have questions about your rights, or if you need help with the process, then contact my office today to speak with a Las Vegas divorce attorney.