Much has been said about the issues discussed in divorce. But what about the procedure? Are you intimately familiar with all the “musts” and “must-not's” of family court? This procedural guide will walk you through a detailed step-by-step instruction on the mechanics of a divorce case. Streamline your motions practice and explore new and time-tried discovery techniques. Get sample forms and tactical tips to make your next case go more smoothly for you and the client. Order today!

1. Divorce Case Intake and Pre-Litigation Tactics
2. Commencing Divorce Action
3. Discovery Procedure
4. Ethics
5. Pre-Trial Motions Practice and Settlement Strategies
6. Trial of a Divorce Case
7. Enforcement and Post-Trial Modifications

Continuing Education Credits:   

* denotes specialty credits

1. DIVORCE CASE INTAKE AND PRE-LITIGATION TACTICS
   9:00 - 9:45, Keith M. Lyons Jr.
   1. Client Interview Questions and Documents to Obtain
   2. Advice to Client Who Hasn't Yet Told the Spouse About the Decision to Divorce
   3. Initial Analysis and Investigation
   4. Declining Representation
   5. Case File Organization Tips
   6. Divorce From Bed and Board/Legal Separation
   7. Annulment: Grounds, Procedure, Consequences of an Annulment Decree
   8. Is an Expedited Procedure Available?
2. COMMENCING DIVORCE ACTION
   9:45 - 10:30 and 10:45 - 11:15, Keith M. Lyons Jr.
   1. Determining Residency and Declaring Domicile
   2. Venue and Jurisdiction Considerations and Conflicts
      1. Personal
      2. Subject Matter
   3. Automatic Orders
   4. Summons/Petition and Response
   5. Service of Process (Defendant in the State, in Another State, in Another Country, or Cannot be Located)
   6. Motions for Temporary Relief
   7. Scheduling Orders and Meeting the Deadlines
   8. Responsive Pleadings - What to Use, When and How
3. DISCOVERY PROCEDURE
   11:15 - 12:00, John M. Eccles
   1. Timing of Discovery
   2. Requesting and Gathering Evidence (Interrogatories, Requests for Admissions, Depositions, Medical Examinations, Requests for Production, etc.)
   3. Evidence Production
   4. Spoliation Considerations
   5. Impact of Current Technology on Divorce Discovery (Including: E-Mail; Text Messaging; Social Networking Sites and Blogs; Privacy Issues in Wiretapping and Other Surveillance; etc.)
   6. Locating, Valuing and Dividing Assets
   7. Pros and Cons of Using Private Investigators
   8. Supporting the Claim for the Primary Caregiver
   9. Guardian Ad Litem/Custody Evaluators Communications, Reports, Fees
   10. Case Law Update
4. ETHICS
   1:00 - 2:00, John M. Eccles
   1. Fee Agreements - Review a Sample Agreement
   2. Dealing With a Pro Se Litigant
   3. Conflict Checks
   4. Ethics Case Law Update
5. PRE-TRIAL MOTIONS PRACTICE AND SETTLEMENT STRATEGIES
   2:00 - 2:45, Daniel Marks
   1. Preliminary Orders
   2. Addressing the Validity of Pre- and Post-Nuptial Agreements
   3. Obtaining Retraining/Protective Orders in Cases Involving Domestic Violence
   4. Tips for Negotiating Child Custody and Visitation
   5. When and How to Use ADR Procedures: Arbitration, Mediation, and/or Med-Arb
   6. Judicial Settlement Conference
6. TRIAL OF A DIVORCE CASE
   3:00 - 3:45, Daniel Marks
   1. Family Court Trial Procedure
   2. Introducing Evidence
   3. Maximizing Client/Witness Testimony
   4. Final Disposition
   5. Effective Use of Trial and Post-Trial Motions
   6. Preserving Issues for Appeal
7. ENFORCEMENT AND POST-TRIAL MODIFICATIONS
   3:45 - 4:30, John M. Eccles
   1. Preparation and Implementation of (Qualified) Domestic Relations Orders
   2. Support Order Enforcement Options (Civil Contempt, Execution, Garnishment, Attachment, etc.)
   3. Support Modification Requests: Grounds, Proof, Procedure
   4. Relocation Issues
   5. Current Case Law

JOHN M. ECCLES earned his B.A. degree from the University of Toledo and his J.D. degree from the University of Toledo College of Law. He took and passed the Nevada Bar Exam prior to graduation from law school, and was admitted to practice law in Nevada on January 15, 1999. In addition to being licensed to practice law in Nevada, Mr. Eccles is also licensed in the District of Columbia, all Federal Courts in Nevada, the United States Court of Appeals for the Ninth Circuit, and the United States Supreme Court. Since relocating to Nevada in 1999, Mr. Eccles has practiced almost exclusively in the area of family law. He is an associate attorney at Roberts Stoffel Family Law Group in Las Vegas, Nevada. Mr. Eccles is also a pro tem hearing master in the Abuse and Neglect, Juvenile Delinquency and Domestic Violence Courts in Clark County, Nevada.

KEITH M. LYONS JR. is the founding shareholder of Lyons Law Firm. He began his legal career in 1992, working as an associate for the Law Office of Daniel Marks in Las Vegas, Nevada. Mr. Lyons worked as an associate for Daniel Marks for seven years, practicing primarily in the fields of employment law and family law. In 1999, Mr. Lyons founded the law firm which is presently known as Lyons Law Firm. The firm has enjoyed a reputation for excellence among judges, lawyers and the public since its founding. Mr. Lyons' practice is primarily focused on two areas: family law and representation of individuals and small employers regarding the complex and ever-changing area of law known as employment law. Mr. Lyons has written more than 25 articles involving family law and employment law issues. Mr. Lyons earned his J.D. degree from the Willamette University, College of Law and his B.A. degree in Business Administration from UNLV. Mr. Lyons is admitted to practice in Nevada; Oregon; the U.S. District Court, District of Nevada; the U.S. Court of Appeals, Ninth Circuit; and the U.S. Supreme Court. Mr. Lyons is a member of the Nevada and Oregon State bar associations. He is also a member of the Nevada Justice Association, the Clark County Bar Association and the National Employment Lawyers Association.

DANIEL MARKS is a sole practitioner of his law firm in Las Vegas where he practices in labor, employment and domestic law. Mr. Marks earned his A.B. degree, with honors, from Colgate University and his J.D. degree from the College of William & Mary Law School. He is certified with the National Board of Trial Advocacy and he has spoken before numerous professional groups. Mr. Marks is a member of the American Academy of Matrimonial Lawyers, the American Bar Association and the Nevada Trial Lawyers Association.

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