Too often, we hear from people who want their day in court—an opportunity to tell their side of the story. For many, they believe that when their story is told, they will experience the joy of vindication and victory, while their former spouse will leave humiliated. For those eager for a battle, we always urge some restraint and to fully inform clients of what to expect at trial. In reality, trial can be a harsh experience that doesn’t match what television has trained us to expect.
The Key is What Can be Proved
Nevada law imposes significant rules upon what evidence may be presented in court. While a person may suspect or believe something, the key lies in what can actually be proved.
Nevada is a No-Fault State
Under Nevada law, courts cannot consider the issue of marital misconduct when it comes to obtaining a divorce decree, dividing property, or awarding alimony. The absence of “fault” in these contested issue often takes the steam out of the explosive and inflammatory evidence that some spouses wish to put out in the open.
Trial is Expensive
In addition to the time that you have to take off work to prepare for trial and to sit through a trial, there are attorneys fees from a lengthy trial, the many hours of trial preparation, the costs of preparing “discovery”, court costs, witness fees, and expert fees. This should all be weighed in the overall calculation of resolving your divorce.
Trial is Risky
Judges are human beings and have fairly broad discretion when it comes to deciding the issues that arise when a relationship ends—child custody, property, and money. Not only do they have this discretion when deciding what evidence to consider, but they also have the sole ability to decide which witnesses to believe and disbelieve. Regardless of how strongly you feel your case is, there is always a level of unpredictability that comes with trial.
Keep an Open Mind
Before and throughout a divorce or custody suit, you will have numerous opportunities to try to settle your case by agreement with the other party. In fact, courts often order parties to try to settle their issues in mediation prior to trial. While reaching an agreement may feel unnatural, we always urge our clients to keep an open mind, to listen to our advice, and to fully weigh their options.
Call Viloria, Oliphant, Oster & Aman L.L.P.
Viloria, Oliphant, Oster & Aman, L.L.P. provides a full array of legal services to individuals in Nevada. If your relationship is at its end, you need an attorney to guide you through the significant issues that lie ahead, including child custody, property, alimony, and child support. We appreciate the gravity of this moment in your life and want to provide you with the tools you need to make confident decisions about your future. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule an appointment or contact our office through our website. We represent a variety of family law matters.