The Ciciliano Law Office will be filing in the Nevada Supreme Court to test our state law regarding awards of attorney's fees in divorce actions. N.R.S. 125.040 allows a Court to award attorney's fees early in a Nevada divorce case so that the two sides will be on equal footings. Such awards are typically made pursuant to case known as Sargeant v. Sargeant. The principle of Sargeant is that if spouse A makes more than spouse B, then spouse A should assist B with a payment for attorney's fees so B can continue to litigate.
Our office will be filing shortly to restrict the circumstances under which a Court may award fees pursuant to Sargeant. Given that husbands in a marriage typically earn more than their spouses, this Supreme Court action will potentially have an impact upon fathers' rights in Nevada.
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