Reno - a Book of Short Stories and Information Part 14

"6. What is the first step?

"7. What if you cannot serve?

"After the six months' residence period is completed, the first step is to prepare, verify and file the complaint. This complaint is a clear statement of the plaintiff's cause or causes of action. At the time of filing this complaint the summons is issued and handed to the attorney for the plaintiff. Where the defendant is not willing to file an answer or demurrer, and thus submit to the jurisdiction of the court, an "Affidavit for Publication" is sworn to by the plaintiff, and an "Order for Publication" is prepared for the signature of the judge, and being signed by him, is filed with the Clerk of the Court.

After publication is ordered service may be made by publication once a week for six weeks in a Reno paper and by mailing a copy of the complaint attached to a copy of the summons to the defendant at his or her last known residence.

"After publis.h.i.+ng for six weeks, it is necessary to wait for a period of forty days during which time the defendant may answer. Service is complete only at the end of publication, and a defendant living outside of Nevada is ent.i.tled to the full period of forty days after service.

"Below is a facsimile of different forms of 'Service by Publication':

SUMMONS

No. 16447 Dept. No. 2.

IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE. L.M.M., plaintiff vs. A.M.M., defendant.

The state of Nevada sends greeting to said defendant:

You are hereby summoned to appear within ten days after the service upon you of this summons if served in said county, or within twenty days if served out of said county but within said judicial district and in all other cases within forty days (exclusive of the day of service), and defend the above-ent.i.tled action. This action is brought to recover a judgment and decree of this court forever severing and dissolving the bonds of matrimony now and heretofore existing between the parties hereto upon the grounds of desertion, adultery and extreme cruelty as described in the complaint.

Dated this 15th day of December, A. D., 1920 E.H.BEEMER,

Clerk of the Second Judicial District Court of the State of Nevada, in and for the County of Washoe.

By G. R. ELLITHORPE, Leroy F. Pike, Deputy.

Attorney for Plaintiff.

SUMMONS IN THE SECOND JUDICIAL DISTRICT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE. I.M.G., plaintiff, vs. S.L.G., defendant.

The State of Nevada sends greeting to said defendant:

You are hereby summoned to appear within ten days after the service upon you of this summons if served in said county, or within twenty days if served out of said county but within said judicial district and in all other cases within forty days (exclusive of the day of service), and defend the above-ent.i.tled action. This action is brought to recover and decree dissolving the bonds of matrimony existing between you and said plaintiff, upon the ground that you wilfully failed, neglected and refused to provide for said plaintiff the common necessaries of life for a period of more than two years next preceding the commencement of this action, although having the ability so to do; awarding to said plaintiff the care, custody and control of the two minor children, the issue of the marriage between you and said plaintiff, to wit: G.L.G. and R.O.G.; and for general relief, as alleged and described in the complaint of said plaintiff now on file in said action in the office of the Clerk of the above named court, and to which said complaint reference is thereby made and said complaint made a part hereof.

Dated this 8th day of January, A. D., 1921.

E. H. BEEMER,

Clerk of the Second Judicial District Court of the State of Nevada, in and for the County of Washoe.

A. A. SMITH, Attorney for Plaintiff,

312 Clay Peters Bldg., Reno, Nevada. Jl5-22-29;F5-l2-l9-2e

"8. What if you can serve?

"Six weeks of time may be saved if the defendant can be served with complaint and summons. This personal service outside the state of Nevada is equivalent to completed service by publication, and the defendant has forty days in which to answer.

"9. What if the defendant does not fight?

"In cases where the defendant is willing that a decree should be granted, much time and some expense may be saved by defendant signing and filing a short formal answer, admitting plaintiff's allegations of residence, marriage, children, etc., but denying the causes of action.

By filing this answer personally, or by retaining a Reno lawyer to accept services and file it for the defendant, the defendant need not visit Nevada at all. The case can then be closed up, and the decree granted within ten days after the expiration of the six months. By the filing of this short answer the defendant submits to the jurisdiction of the court, and any decree of divorce granted is valid and effective for plaintiff and defendant alike beyond any question, the world over.

"10. What if the defendant fights?

"If the defendant fights the case, evidence and testimony must be introduced and the case tried as other contested causes in other states. If the defendant be the wife, she can by filing affidavits showing her position financially compel the plaintiff husband, before proceeding with his case, to advance such sums of money as may be necessary to cover costs, attorney's fees, alimony pending the suit and traveling expenses to and from Reno.

"11. What about the chances for losing?

"In the absence of a contest, if a divorce case in Nevada be prepared by a lawyer who knows his business, there is no real reason for losing. If the cause be contested, then it all depends upon the allegations and proofs of the plaintiff as compared with the allegations and proofs of the defendant. Probably three cases out of four (contested cases) are won by the plaintiff.

"12. How is the case called?

"When the case has been filed and the time during which the defendant is permitted to answer has pa.s.sed, a default is prepared by the attorney for the plaintiff, and signed and filed by the county clerk.

In cases where the defendant has appeared personally or by counsel and an answer has been filed, they are ready for trial. On calendar day,-- which comes each Monday--either the default case or the case in which an answer has been filed is called to the attention of the court by the plaintiff's counsel and is set down for trial by the court-- usually some day that week.

"13. Procedure of an actual case? Witnesses: Questions?

"The trial of undefended divorce suits usually takes about fifteen or twenty minutes. The only witnesses necessary are those to Prove "residence in Reno" for the period of six months. Room rent receipts are not sufficient. Usually it is necessary to call the landlady of the rooming house, or the clerk of the hotel where the plaintiff has resided to show a continued residence in the County of Washoe. Where the plaintiff moves about frequently from one rooming house to another, it is more difficult to prove continuous residence. A residence in the county is all that is needed and all that has to be proved, however, and often plaintiffs in the summer time spend a month or two on that portion of Lake Tahoe which is in Washoe County.

"14. Is this case treated publicly or privately?

"All cases are tried in a court room which is open to the general public, unless the allegations are of such immorality in the complaint that the proof should not be heard by the general public. Divorce cases are so common in Reno, however, that the public rarely attend.

"15 Does the decree allow you to take back your own name?

"If the plaintiff be a woman and if there be no children the issue of the marriage, she will be allowed, if requested in the complaint, to take back her maiden name. The decree signed by the court simply orders that the plaintiff's maiden name be restored to her. If there be children the issue of the marriage, the maiden name of the mother will not be restored to her for the reason that it is thought that the mother should retain the name of her children.

"16. What is the entire cost?

"The entire cost of a non-contested case ranges from $22 to $30. If the case be contested there is no telling how high the cost may run.

The cost of taking numerous depositions might amount to $50 or $100 or more. If the question is intended to cover the fees for lawyers'

services, I would say that they run from nothing up to several thousand dollars. The usual fee for a person of ordinary means is about $250, which is probably the average fee in such cases in Reno, but persons of wealth often pay from $1,000 to $5,000.

"17. In what sense are witnesses used, and how do they strengthen the case; is it the same as in the East?

"In all non-contested cases, either where they go by default or where the defendant voluntarily files his answer after the residence for six months is proved, the plaintiff's testimony is sufficient to prove his or her cause of action, that is, no testimony beyond that of the plaintiff is needed where the case is not contested. In the event of a contest, the more witnesses and depositions one can procure the more likely they are to win.

"18. Can the divorce be obtained at once if the defendant can be served in the state?

"The statutes of Nevada expressly provide that, if the cause of action occurred in Nevada, that is, if the last acts of the defendant took place in Nevada, or if the plaintiff and defendant last cohabited in Nevada, or if the defendant without collusion can be served with papers in Nevada, the plaintiff need not reside there six months or for any other definite period. In line with this express provision of Nevada's laws, if a plaintiff comes to Nevada to begin a residence, and if the defendant comes here for any other purpose than to submit to service of the papers, which would be collusion, but bona-fide to secure the custody of children, to procure a settlement of property matters and alimony, to bring about a reconciliation, etc., service of the summons and complaint may forthwith be made upon him in Reno, and the case may proceed to trial at the end of ten days without the six months' residence period by either party.

"19. How is the fee paid, and when?

"As to fees for legal services, some attorneys require the entire fee in advance; some allow the fee to wait until some adjustment or settlement is made, or until the case is ready for trial, but the better method for both client and attorney is for the client to pay down one-third of the fee as a retainer, one-third at the time of filing the complaint, and the balance of one-third on the day set for the final trial of the case.

"20. Please state the effect the Nevada divorce has in different states. For instance, I know a woman who got her divorce in Nevada and married again in New York; her first husband sued her for divorce in New York and accused her of adultery and got a divorce. Please state if the divorce is absolutely legal when the defendant is not represented, because I am very anxious that my book shall state only facts. I don't want to lead anyone astray on that subject. I am quite sure the divorce is not legal if it is simply obtained by advertising, as I myself was about to be handed back my divorce papers, and refused a marriage license in New York, when I explained that my husband had been personally represented. If that had not been the case I would not be the happy lady I am today.