1. Am I Going to Win?
Win what? What is a win? No one wins a divorce. You will lose, your spouse will lose and most importantly, if you have children, they will lose. The income you have been supporting your household with over the years will now be divided and you will try to maintain two households on the same income. Further, you will have attorney’s fees and court costs to pay which you did not have before. The way to “win”, is by reaching a reasonable settlement with your spouse that minimizes costs and conflict.
2. How Long Will it Take?
The time it will take to complete your case depends on many factors. If you and your spouse are able to agree upon every single issue of your case, this will be considered an “uncontested divorce” and may be completed within a couple of weeks. If, however, there is even one issue that cannot be resolved, it will be considered a “contested divorce”. How long a contested divorce takes depends on the number and complexity of the issues, how reasonable the parties and their attorneys are and which judge your case has been assigned.
3. Do I Have Any Control Over Which Judge Hears My Case?
There are currently 20 family court judges. Two of these judges hear juvenile cases only and do not hear divorces. There is therefore a pool of ten judges who may hear your case. Your case is assigned to a judge on a random basis. Certain judges are good for some issues and not as good for other issues. Each side, however, has the right to exercise what is called a “peremptory challenge.” For a fee of $450.00, each side may file a peremptory challenge, which will cause the case to be reassigned to a different judge. Each party is entitled to only one peremptory challenge and it must be exercised within a specific time frame or it will be waived.
4. How Much Will it Cost?
There is no way to predict how much your divorce will cost. The general rule is that the longer it takes, the more it will cost. In some cases, most of the time and cost involved will occur at the beginning of the case and toward the end of the case when preparing for trial. In more complicated cases, however, the cost may be relatively consistent throughout the case. The costs depends on many factors, including, but not limited to, the ability of the parties to compromise, the intensity of the parties’ feelings toward one another, the judge and the complexities of the case. You may help decrease the cost of your case by committing to put the necessary time and effort to your case.
5. What Type of Attorney Do I need?
Some individuals going through a divorce feel they need a “fighter.” To some, a “fighter” means someone who is uncooperative and rude to the opposing party and the opposing attorney. This is misguided. A good attorney will be a firm negotiator and a well prepared litigator, but will attempt to show courtesy to the opposing side. Unnecessary antagonism will be counterproductive and cost you money.
Further, some clients are uncomfortable if their attorney is friendly with the opposing attorney. Please keep in mind that those attorneys, such as myself, who practice primarily in family law, often encounter other attorneys who practice primarily in family law. I may have had a dozen cases with an opposing attorney, serve on committees with some other lawyers, and may even socialize with other attorneys. If an attorney shows common courtesy and extends professional courtesies to another lawyer, this does not mean that he or she is being disloyal to you. It is generally in your best interests if the opposing attorneys are able to get along, not play games with each other and not extend the case to your detriment.
6. Should I Seek Counseling?
Family law cases are emotional and you may consider obtaining counseling during or after your case is concluded. Some clients benefit from counseling to improve or reconcile their relationship, others need counseling to help make the transition through the separation. If you feel you would benefit from some counseling you should by all means seek it. If you need any referrals or are worried how it may affect your case, please discuss it with me.
7. What happens If I Want to Attempt a Reconciliation?
If you and your spouse would like to obtain marriage counseling to attempt to save your relationship, you may do so at any time. The divorce action may be dismissed anytime before the final decree of divorce is entered. Some individuals do not want to dismiss the action because they feel the pending divorce action will force the parties to negotiate in good faith.
Some clients prefer that the case be dismissed in order to have a reasonable chance at reconciliation. I would, however, caution against dismissing your divorce action pending reconciliations efforts because it could compromise your position, especially if favorable temporary orders have already been obtained.
8. Can I Date?
While some individuals may have a moral issue with dating while they are still technically married, the court will generally not, in itself, consider this conduct detrimental and it would likely not have a significant impact in your case whether you or your spouse decide to date at some point before the divorce is actually finalized. You must, of course, use good judgment if you decide to date especially if you have young children.
9. How Should I Deal with My Spouse During the Divorce?
Cautiously. Be skeptical of anything your spouse tells you. You must remember that you are getting divorced and no matter how much you may love your spouse, divorce can be about self interest. Your spouse may be attempting to deliver misinformation to you and may be attempting to obtain information from you about what I have told you or what our strategy is. Expect your spouse to attempt to undermine your relationship with me and resent me for protecting your interests. You must trust me and not your spouse. Do not sign anything without my review. Do not enter into negotiations with your spouse without consulting me. Protect all documents relating to your case so that your spouse does not have access. Do not discuss your case or strategy with friends or anyone you do not trust 100% because you do not know if they will share information with your spouse either intentionally or inadvertently. Lastly, take the high road and avoid confrontations.
10. Who Makes the Final Decisions Regarding My Case?
This is your case, it is your life and it will ultimately be you who makes the decisions. It is my job to give you proper information for you to make the decision. A decision will never be made on any substantive issue without your approval. Although all decisions may ultimately be made by you, I do reserve the right to withdraw from your case if I believe you are making decisions that are not in your best interest.
11. How much child support am I going to have to pay?
Child support in Nevada is governed by NRS 125B.070 and NRS 125B.080. The presumptive amount of child support, through June 30, 2012 is as follows:
Monthly Income
Presumptive Maximum
0 – $4,235.00
$630.00
$4,235.00 – $6,351.00
$693.00
$6,351.00 – $8,467.00
$758.00
$8,467.00 – $10,585.00
$819.00
$10,585.00 – $12,701.00
$883.00
$12,701.00 – $14,816.00
$945.00
$14,816.00 +
$1,010.00
Keep in mind, however, that these are guidelines and the court may deviate up or down from the presumptive amounts based on the specific factors of NRS 125B.080(9). For more details information on these facts see Shapiro, The Lost Factors of NRS 125B.080(9): Deviating From Child Support Guidelines, 12 Nevada Family Law Report 1 (Spring, 1997).
12. What is the difference between joint custody and legal custody?
Physical and legal custody involved separate legal rights and control distinct factual scenarios. In determining both types of custody, the “sole consideration is the best interest of the child.” Parents are encouraged to cooperate and negotiate a custodial arrangement for their children before going to court and allowing a “stranger” to make the decision. There are no winners in contested custody litigation. It is expensive, neither party is generally satisfied and the children usually suffer.
a. Legal Custody
“Legal custody involves having basic legal responsibility for a child and making major decisions regarding the child, including the child’s health, education, and religious upbringing.” Sole legal custody vests these rights with one parent and while joint legal custody vests this right with both parents. Sole legal custody is extremely rare. There is a presumption in Nevada that parents will share the joint legal custody of their children. “Joint legal custody requires that the parents be able to cooperate, communicate, and compromise to act in the best interest of the child.” In joint legal custody cases, the parents must consult with each other to make major decisions regarding the child’s upbringing. Joint custody can exist regardless of the physical custody arrangement.
b. Physical Custody
Physical custody involves the time that a child physically resides with each parent. During this time, the child lives with the parent and that parent provides supervision for the child and makes the day-to-day decisions regarding the child. It is the public policy of Nevada that minor children have frequent associations and a continuing relationship with both parents and parents sharing the rights and responsibilities of child rearing.
Joint custody is generally equally, but the Nevada Supreme Court has recently defined joint custody as each parent having at least 40% of the time with the child. If a parent does not have 40%, the other parent has primary custody.
Besides the obvious, the physical custody arrangement is important for three reasons. First, it determines the standard for modifying physical custody. It is more difficult to modify a custodial arrangement when one parties has primary physical custody of a child, rather when the parties share physical custody. Second, if the parties share the joint physical custody, it is more difficult for a parent to obtain permission to move out of state with a child than it would be for a parent who has the primary physical custody. Lastly, the physical custody arrangement has a direct impact on the amount of child support awarded in most cases.