Navigating the complex process of divorce can be challenging. While it’s not mandatory to have an attorney to get a divorce in Nevada, having one can significantly ease the process and prevent loss and error, especially when dealing with complex issues, such as pension divisions, alimony claims, and other technical issues. This post will delve deeper into the role of an attorney in a Nevada divorce and why having one is beneficial.
What Does a Divorce Attorney in Nevada Do?
In addition to court appearances, an attorney plays many roles in the divorce process, from providing legal advice, to negotiating on behalf of clients, handling document preparation, and collaborating with, coordinating, or examining experts and other professionals.
Explore these roles in more detail below.
Providing Legal Advice
Your attorney is your primary source of legal advice. They explain your rights under Nevada law and the options available to you. They also counsel you on the risks and benefits of various dispute resolution processes, such as negotiated settlements or trials.
Preparing for Court
Your attorney prepares you for court appearances and depositions. They ensure that you understand the process and what to expect. They also prepare your case for hearings and trial, including preparing exhibits, creating outlines, and interviewing witnesses.
Negotiating and Communicating
Your attorney negotiates with your spouse’s attorney on your behalf. They strive to reach an agreement that protects your interests. They also communicate with the court, opposing counsel, and others on your behalf, ensuring that your voice is heard.
Your attorney prepares all necessary documents, including the complaint for divorce, summons, and preliminary injunction. They also prepare motions, financial declarations, interim court orders, the final decree and special court orders for the division of retirement plans (QDROs or similar documents). These documents are crucial in the divorce process, and having a qualified attorney ensures that they are correctly prepared and filed.
Working with Other Professionals
In some cases, the court may appoint other professionals to work with you or your attorney. These professionals can include a guardian ad litem (a representative for the child), a psychologist for child-custody evaluations, or a forensic expert for complex financial issues, and sometimes mediators or others in similar roles. Your attorney will work with these professionals to ensure your interests are represented and protected.
Your Guide Through the Legal Process
The legal process of divorce can be a labyrinth of complex laws and procedures. Your attorney serves as your guide, helping you navigate through this maze. They explain the legal jargon, ensure you meet all the legal requirements, and help you understand the implications of each step.
For example, in Nevada, the divorce process involves several steps, including filing a complaint for divorce, serving the summons and complaint to your spouse, and negotiating terms of temporary orders on matters such as custody, support, and temporary possession of the family home. Your attorney ensures that you understand these steps and guides you through each one.
Represents Your Interests
Your attorney is your advocate, representing your interests throughout the divorce process. They negotiate on your behalf, argue your case in court, and strive to achieve the best possible outcome for you.
For instance, if your case involves child custody, your attorney will present arguments and evidence to the court to support your case for custody. They will also negotiate with your spouse’s attorney to try to reach an agreement that is in the best interest of your children.
Do I Need An Attorney For a Divorce in Nevada?
If you have a fairly simple case—short-duration marriage, no children, and few assets and debts—any family law attorney should be able to assist you. However, if you have complex or emotionally charged issues, you should consider seeking representation from a lawyer with credentials indicating a higher level of specialized training and expertise.
Choosing the Right Attorney—Choose Willick Law Group
Attorneys are not all alike. While you are not required to have an attorney to obtain a divorce in Nevada, having one can provide significant benefits. An attorney can help you navigate the complexities of the divorce process, protect your rights, and advocate for your interests. Remember, the counsel of your attorney can affect your life for years to come, so choose wisely.
Choose Willick Law Group for experienced and dedicated legal representation in your Nevada divorce. Contact us today to discuss your case and receive the support you need.