Whether you are seeking a divorce, child custody order, child support, or have another type of family law matter, most family court cases follow a similar process from the time that the case is initiated (first filed with the court), and completed (obtaining a final decree, judgment, or order). While each case is unique, many of the below steps apply to most family law cases.
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1. File the Complaint
The case begins when one party files a Complaint with the family court, identifying the issues that need to be resolved. The person filing the Complaint is called the Plaintiff.
2. Serve the Other Party
The filed documents must be formally delivered to the other party, giving them notice of the case and an opportunity to file a response with the court.
3. File the Answer to the Complaint
The opposing party has 21 calendar days to file their response to the Complaint with the court. The person filing the Answer is called the Defendant. If the Defendant files both an Answer and Counterclaim, the Plaintiff has 5 calendar days to file a Reply to the Counterclaim.
4. Exchange Financial Disclosure Forms
The Court requires the Plaintiff to file a Financial Disclosure Form with the court within 45 days after the Complaint is served. The Defendant must file their Financial Disclosure Form within 30 days of filing their Answer to the Complaint. The Financial Disclosure Form typically requires each party to disclose information regarding their income, assets, debts, and expenses.
5. Case Management Conference
The Court will schedule an initial Case Management Conference (CMC) hearing, usually within 90 days after the Defendant files the Answer to the Complaint. At the initial CMC hearing, the Court will review the status of the case, may send the parties to mediation to discuss custody issues (if applicable), and will schedule deadlines to be followed in the case regarding the identification of witnesses, disclosure of documents, designation of expert witnesses, etc. The Court may also schedule a trial date.
6. Motions for Temporary Orders
If immediate issues need to be addressed with the court, either party may request that the Court make temporary orders regarding child custody, parenting time, exclusive possession of the residence, child support, spousal support, or other matters while the case is pending. The process involves the filing of a Motion with the Court. A Motion must set forth the relief requested, the facts in support of the requested relief, and cite the applicable law. The Court will schedule a hearing to determine whether or not to grant the Motion. The hearing on the Motion is typically scheduled 45-60 days after the Motion is filed with the court. The other party must be served with the Motion, and will have the right to file a written opposition to the Motion which must be filed within 14 days after being served.
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7. Discovery
After the initial Case Management Conference, the parties are obligated to disclose financial documents to the other party pursuant to Nevada Rules of Civil Procedure 16.2.2. As the case progresses, parties have a duty to supplement their disclosures. Additionally, during this “discovery” period of time, both parties have a right to request information from the other party. This may include serving subpoenas, requests for production of documents, requests to respond to interrogatories (i.e. written questions), the scheduling of a deposition of the other party or witnesses, appraisals of real estate, business valuation (if applicable), etc. If a party fails to respond on time to discovery requests, or provides incomplete information, the requesting party may file a Motion to Compel in order to seek assistance from the court to ensure compliance by the unresponsive party.
8. Settlement
The parties may attempt to resolve the case by scheduling an informal settlement conference, attending private mediation, attending a judicial settlement conference, or attending a senior-judge settlement conference. If the parties can reach a settlement agreement, the terms will be memorialized in writing, and an Order will be submitted to the court for approval.
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9. Trial
If the parties are unable to settle their case, the issues will need to be decided by a judge. A trial may be scheduled for a ½ day, 1 full day, or sometimes longer, depending on the complexity of the case. Trial dates are scheduled based on the length of time needed for trial as well as based on the judge’s availability. Before the trial takes place, the court will provide the parties with a scheduling order. The parties will be required to exchange trial exhibits, deliver trial exhibits to the court, prepare and submit a Pre-Trial Memorandum outlining the issues for the judge, identify witnesses (and subpoena them if necessary), and update their Financial Disclosure Forms. Witness questions should be prepared in advance by both parties to ensure that relevant information is obtained from each witness based on the questions asked at trial.
10. Final Order/Judgment
After the court has concluded the trial, the judge will issue a decision. The decision may be announced by the judge immediately, or the judge may take the matter “under submission,” meaning that the judge will prepare a written Order setting forth the findings of the court and the Orders made by the court. Both parties will be sent a copy of the final Order. In a divorce or custody case, this is referred to as a Decree of Divorce or a Decree of Custody.
Need Help Navigating Family Court?
Family law matters can have lasting effects on your family, finances, and future. An experienced attorney can help ensure your rights are protected at every stage of the process. Contact Law Practice, Ltd., to discuss your situation and learn about your legal options.