This is the next post in a series of articles discussing the process by which Las Vegas residents can file for divorce when their spouse is not located in the US. My previous post discussed how a case will be resolved when a spouse fails to respond to a Complaint for divorce and is therefore in “default.” Under such circumstances, the case will be “proven up” as an uncontested matter. An attempt must be made to notify the defaulting party that a hearing has been scheduled, which may take several weeks if they are outside of the country. In this post, I will address the situation in which the parties have not reached a settlement agreement and their divorce must proceed to litigation. If you need assistance with an international divorce, contact my office today to speak with an attorney.
When spouses are unable to agree on all aspects of their divorce, including child custody, alimony, or the division of marital property, their case will proceed to a divorce trial. This is true whether both spouses are located in Las Vegas or if one is living outside of the country. If the person abroad cannot be physically present for the trial, their attorney must request the Court’s permission in advance to participate via videoconference or some other means of communication. Failure to make such a request in advance could lead to delays in the process and possible adverse consequences to the party who is out of the country.
Divorce litigation can, in many cases, become contentious. Particularly in international cases, there may be serious disagreements about child custody arrangements or visitation, for instance, that must be resolved. As with other legal proceedings, one must present objective evidence to the Court in support of one’s position. Evidence must be gathered and presented to the Court in compliance with the strict procedural rules. Failure to do so may result in the exclusion of key evidence from the case. Your attorney will gather relevant information such as bank records, police reports, witness testimony, child psychologist or physician reports, school records, etc. through the discovery process and ensure that the evidence complies with evidentiary rules. At the trial, the attorneys for each party will present their respective cases to the Judge. If witnesses testify, each side will have an opportunity to cross-examine witnesses presented by the other party. The attorneys may make closing statements following this process. The Judge will then deliberate and issue a verdict.
It is imperative to retain an attorney with divorce litigation experience to assist you with your case. Navigating the discovery and trial process can be difficult and mistakes can be devastating to the outcome of one’s divorce. My office has experience in such matters, including international divorces, and is ready to assist you. Contact us today to speak with a Las Vegas lawyer.
