DIVORCE:
Whether you are facing divorce or a family member is facing divorce, divorce affects just about everyone today. You need a Divorce Lawyer who not only understands the law, but also understands that divorce is very traumatic for everyone involved. As a result, there is a tendency to rush the process by hiring one attorney to represent both sides, or trying to draft the documents. Either of these can be a very costly mistake. There are numerous issues involving division of assets, custody, alimony, and child support which need to be properly addressed and resolved. By properly addressing these issues at the beginning, there will be less confusion and heartache in the future trying to interpret a poorly drafted or ambiguous order or decree. Some issues often overlooked, or misinterpreted, are issues involving Community Property, Pensions, QDRO's, Jurisdiction, and Modification of Prior Orders or Decrees. I can help explain these complicated issues and help you avoid pitfalls. Come talk to a Divorce Attorney who offers a free consultation (one half-hour only please) to answer all of your questions.
CUSTODY:
In Nevada , there are two types of custody: 1) Legal Custody, and 2) Physical Custody. Legal Custody is the right to make decisions regarding the minor child's life (e.g., decisions regarding religion, education, and health care). Physical Custody concerns where the minor child lives. The courts must establish a custodial arrangement which is in the minor child's best interest. Typically, the courts will give the parents Joint Legal Custody as a matter of course. It is typically over the issue of Physical Custody that the parents will litigate. While the courts look at factors like, who has been the historical primary care giver, and who has the ability to spend time with the children, there is no presumption that the best interest of the children is met by giving the parents joint physical custody, unless the parents agree to Joint Physical Custody. Additionally, there are numerous negative factors which would give rise to one parent receiving primary or sole custody of the children. Events involving domestic violence, drug abuse, or criminal acts will usually give the court grounds to award primary or sole custody to one parent over the other.
CHILD SUPPORT:
In Nevada , Child Support is determined by statute (NRS 125B.070 and NRS 125B.080), and based upon the gross income of the parents. Under some irregular circumstances support may deviate from the statutory guidelines. Under Wright v. Osburn , when the parties share Joint Physical Custody of the children, both parents pay child support to each other, resulting in the higher income earning spouse paying support to the lower income earning spouse, offset by the amount paid by the lower earning spouse. Modification of Support is considered every three years (NRS 125B.145), or if there has been a substantial change in income since the last support order was entered.
SPOUSAL SUPPORT/ALIMONY:
Alimony is used by the Courts to: 1) allow both parties to enjoy a similar lifestyle after divorce, as the one enjoyed before the divorce, or 2) to allow one party to get back on his/her feet (rehabilitative spousal support). Alimony can be long term, but is usually used as a temporary award to allow the receiving party the opportunity to achieve self sufficiency. Factors to be considered are age of the parties, education, prior employment, future income potential, health of the parties, relative income, division of the community assets, and duration of marriage.
MISCELANEOUS ISSUES:
Family law cases can often include complex issues involving: pre-nuptial agreements, post-nuptial agreements, protections against domestic violence (temporary protective orders), community property rights, grandparent visitation, step-parent adoptions, UIFSA child support issues, UCCJA jurisdictional issues, relocation (move motions), termination of parental rights, and inter-spousal torts. Each of these issues has its own set of sub-issues and needs to be addressed properly. You will need an attorney who has the experience to know what questions to ask, and knows how to resolve the problems properly. Call me today for a free consultation.
FREE CONSULTATION:
I understand that there is a tremendous amount of anxiety and confusion involved with divorce and family law issues. Therefore, I offer a free half-hour consultation to explain the process, inform you of your legal rights, and give an opinion on the likelihood of success. Call now to schedule an appointment.
