Getting divorced in Las Vegas always involves the Family Court located at Pecos and Bonanza (601 North Pecos Road, Las Vegas, NV  89101).  The first step is to open a case with Family Court, and that happens by filing a Complaint which gives notice as to what relief the parties want: who gets physical custody of the children, is a spouse seeking alimony, is there any community property to divide, etc.  Along with the Complaint, the other side is also served with a Summons telling them that they have twenty (20) days to file an Answer to the Complaint as well as a Joint Preliminary Injunction (aka JPI) preserving the status quo of the parties’ situation (ie. no spending money outside the necessities of life, no harassment, no absconding with the children).

After the Complaint is filed, Discovery can begin.  Discovery is a process where the attorneys, on behalf of their clients who are represented by counsel, investigate and obtain factual information to prove their case at trial.  There are several methods to obtain discovery: depositions of parties and witnesses, document subpoena’s and requests, and written questions to the other parties.  Once Discovery is complete, the case goes to trial for the attorneys to present their case to the judge.  The case will only go to trial if the parties have not agreed to settle all of the issues (ie. who has custody, how to divide the marital assets, amount of child support).  If the parties agree to all of the terms of the divorce, there is no need to go to trial and the attorneys can draft the Decree of Divorce which must be signed by the Family Court judge in order for the divorce to be final.

As each case is unique, the legal strategy for each case is different.  Some cases warrant full blown litigation and trial before the Family Court judge.  Some cases can be settled by the parties early on and some cases settle on the eve of trial.  Other cases, settle as part of a mediation before a former Family Court judge.  Therefore, it is best to consult with an attorney to determine which course of action is best for you.