7 Common Pitfalls in the Nevada Divorce Process You Should Avoid

by | Sep 13, 2023 | Divorce | 0 comments

7 Common Pitfalls in the Nevada Divorce Process You Should Avoid

Divorce can be a complex process and can be emotionally and financially draining. In Nevada, there are specific steps that must be followed and legal requirements that must be met. However, there are common pitfalls that can complicate the process and potentially lead to unfavorable outcomes. Here, we’ll discuss some of those pitfalls and provide guidance on how to avoid them. 

Common Pitfall #1: Not Understanding the Nevada Divorce Process

A lack of understanding about the intricacies of the Nevada divorce process can lead to significant challenges for individuals seeking a divorce. Without a clear grasp of the steps, legal requirements, and potential obstacles, individuals may find themselves overwhelmed and ill-prepared for the journey ahead.This lack of awareness can result in unnecessary delays, increased costs, and unfavorable outcomes.

To avoid this pitfall, it’s essential to seek professional guidance. Consider consulting an attorney from Willick Law Group who can provide a comprehensive explanation of the process, ensuring that you’re well-informed and ready to navigate the complexities of divorce confidently.

Common Pitfall #2: Not Working Efficiently with Your Attorney

Another common pitfall is not working efficiently with your attorney. Here are some tips to avoid this:

  • Discuss with the firm the benefits of what work will be done by a senior or an associate attorney, or paralegal staff, in light of the nature of your case, the expertise of the respective attorneys, and the potential cost savings to you.
  • Leave a detailed message. If your attorney knows what information you are seeking, they can often get the answer before returning your call. This not only gets your answer faster but also reduces costs.  At the outset find out who should be copied; often, procedural questions are best handled by paralegal staff.
  • Discuss more than one matter during a call. If your question is not urgent, consider waiting to call until you have more than one inquiry. However, never hesitate to call to ask any necessary legal questions.
  • Provide timely responses to information requests. Whenever possible, provide information requested by your lawyer in a timely manner. This avoids the cost of follow-up requests or actions by your lawyer and the additional expense of extending the time in litigation.
  • Carefully review your statements. Scrutinize your billing statements closely. If you believe an error has been made, contact your lawyer’s office right away to discuss your concerns.

Common Pitfall #3: Not Being Open to Settlement

One of the most significant pitfalls in the divorce process is not being open to settlement. It’s important to recognize when your disagreement with your spouse is about smaller sums of money that will cost more in legal fees to take to court than the value of what is disputed. By being open to settlement of whatever can actually be settled, you can often save both time and money.

Common Pitfall #4: Not Preparing for the Final Hearing

Being unprepared for the final hearing can be a major pitfall. Many cases, especially if settled, are resolved “on the papers” without a prove-up hearing.  If such a hearing is held, your lawyer will ask you general questions to show the court that the parties are incompatible in marriage, without going into detail about the specific difficulties in your marriage. It’s important to be prepared for these questions and to understand that the nature of the marital problems that led to the divorce is unlikely to be asked in any detail.

Common Pitfall #5: Not Understanding Nevada’s No-Fault Divorce Law

Nevada is a “no-fault” divorce state, meaning that neither you nor your spouse is required to prove that the other is “at fault” in order to be granted a divorce. Misunderstanding this can lead to unnecessary complications. The only required assertions are “incompatibility” (that you and your spouse can no longer live as husband and wife) and that there is no chance of reconciliation.

Common Pitfall #6: Not Meeting Residency Requirements for Divorce in Nevada

Another common pitfall is not meeting the residency requirements for filing a divorce in Nevada. Either you or your spouse must have been a resident of Nevada for at least six weeks before the complaint for divorce is filed. Failing to meet this requirement can delay the divorce process.

Common Pitfall #7: Not Complying with Pretrial Orders

Lastly, not complying with pretrial orders can lead to complications during the trial. Some discovery pretrial orders require that certain information be provided either to the opposing party or to the judge in advance of trial. Failing to comply with these orders can lead to delays and potential legal issues.  Other orders concern things one party or the other must do, or pay, or obtain, prior to trial.

Avoid Pitfalls with Willick Law Group

Looking to navigate the Nevada divorce process more smoothly and avoid common pitfalls? Don’t hesitate to get in touch with Willick Law Group. Their expert guidance can help you confidently navigate the complexities of divorce. Remember, consulting with a legal professional is always a wise step to make informed decisions during this journey.

Marshal S. Willick
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