Modifications in divorce proceedings take two forms. They can occur during divorce proceedings or after the divorce case concludes. Modifiable issues can include child issues, the division of assets and debts, and possibly alimony. Our Las Vegas Divorce Modification lawyers possess the skills to find the most pertinent modification issues.
There are two ways to change an existing ruling in a divorce matter. The first is by filing a family court motion. The second is to appeal the original decision to a higher court. But caution should always be used because the divorce appeal process is both time-consuming and costly. Therefore, appeals are only for extreme circumstances as a last resort.
Motions for Divorce Modifications
The type of motion depends on the status of your case and the change you are requesting. Your lawyer will consider your unique situation and recommend the best approach for you. The following types of motions are most common:
Motions to Modify
Motions to Modify ask the court to change a ruling already in force. These types of motions are appropriate when there is a change in circumstances. These motions can modify the terms of alimony, child custody, child support, division of assets/debts, or other terms and/or conditions in an existing Decree of Divorce.
Motions for Reconsideration
Motions for Reconsideration are another form of divorce modification. They are formal change requests to the judge in your case. These motions ask the judge to reevaluate a previous decision. These motions require exceptional legal skill and proper wording because you’re asking the judge to say they were wrong the first time. Some reasons for filing a Motion for Reconsideration are:
- You recently uncovered evidence of fraud
- There are additional assets or debts that need consideration
- There are incorrect facts
- The judge made a mistake in interpreting of the law
Motions to Set Aside
Motions to Set Aside ask the court to dismiss a previous ruling. When this happens, the previous ruling no longer applies. The issues concerning the ruling return to an open status and both parties must address all aspects from a fresh start.
Divorce Modifications and Appeals
An appeal is an expensive and lengthy process. Even in expedited situations, which are largely child custody matters, the appeal process can take two or more years to conclude. Therefore, filing divorce law appeals requires careful consideration. In an appeal the issues are taken up by a different court other than the family court that made the decision. The person requesting the appeal is known as the “appellant.”
The appellant has 30 days after the conclusion of the divorce matter in which to file a Notice of Appeal. These filings go to the Supreme Court of Nevada (SCON). Most of the time, the SCON will not hear the case. This is because they usually only hear cases on public policy or parental rights issues. So SCON sends the appeal to the newly created Court of Appeals. Nonetheless, there are numerous steps in the appeal process regardless of which court hears it.
Las Vegas Divorce Modification Lawyer
Divorce attorneys Jennifer V. Abrams and Vincent Mayo are experts in the divorce process and have handled hundreds of divorce modifications. They will recommend the best approach for your case. Please call our office at 702-222-4021 for a courtesy phone consultation at no charge.