So you do your homework on the divorce process, speak to a few lawyers, read a few websites, perhaps get the self-help documents. You think you understand the process. This post will let you in on a few secrets that I learned through bitter experience that are difficult to find through online research.
Myth: Divorce in Nevada is fast
Reality: It’s only fast if it is uncontested (see this post)
Myth: If you have a few unresolved issues your case will end quickly
Reality: My whole case was an alimony case. It could have been settled in five minutes. Instead, it took three years. Sometimes judges don’t want to make decisions. Remember all judges are lawyers, lawyers get paid for billable hours, and judges like to help their own kind. The old adage that the case settles when you run out of money is very true (and very sad). Voltaire allegedly said “I have been broke twice in my life – once when I lost a lawsuit, and once when I won a lawsuit”.
Myth: Judges are independent.
Reality: Nevada judges (including family court judges) receive the majority of their campaign funds from lawyers who will appear before them in court. The Nevada Supreme Court has ruled that this is not a basis for a conflict of interest!
Myth: A deal’s a deal – if I have a written agreement, the court will uphold it.
Reality: The judge can change the deal any time or even defer ruling on the validity of a written agreement
Myth: Judges must follow the law and court rules
Reality: A family court Judge has wide discretion (i.e. she can do whatever she likes) on issues like alimony (see here and here), custody/visitation, attorney fees, and temporary support orders.