Family Law

The following issues must be addressed in a divorce case:

• Child Support
• Custody and visitation of the children
• Spousal maintenance (alimony)
• Equitable division of the marital asset.

This law office works closely with our clients in all these issues in your particular circumstances. We will guide you in every step in this difficult and hurtful process.

Divorce/Separation?

Divorce is the common term used when the court dissolves a marriage. The court will enter orders concerning allocation of the marital assets, child support, parental rights and obligations, child custody and alimony or spousal support.

Separation is an optional period between the periods the couple does not live under the same roof until the divorce becomes official. Separation is sometimes recommended in cases of potential troublesome issues.

What are parents' obligations to their children?

In most instances, parents also have the responsibility to provide necessary medical care for their children. If parents refuse life-saving medical treatment for their children, the state may intervene against the parents' wishes, even if they made their decision on religious grounds. Parents must also make sure that their children meet school attendance requirements. They do, however, have the right to decide whether the child's education will be in a public school, a private school, or through home schooling.

How does a court decide which parent will get custody of a child?

When the parents cannot agree on a custody arrangement, the court will make the decision for them after considering the totality of the circumstances, with the overriding consideration being the child's best interests. To make that determination, the court considers:

• The child's age
• The child's gender
• The child's physical and mental health
• The parents
• Lifestyles Any history of abuse
• The emotional bonds between the parents and the child

What is the legal divorce process like?

Although some divorces are very simple and can be handled with a minimum amount of delay (mostly where no significant property involved and the couple has no children). Many divorces are far more difficult and can take many different courses and take an emotional toll on the parties. The following is a basic outline of the divorce process.

One spouse contacts a lawyer, who assists in the preparation of a complaint, the legal document that sets forth the reasons why the divorce should be granted and outlines the relief sought. The complaint is filed with the court and served on the other spouse, together with a summons that requires that spouse's response .The served spouse must respond within the time limit prescribed or it will be assumed that he or she does not contest the petition, in which case the petitioner will be granted the requested relief. The response or answer must set forth the relief that the answering spouse requests. The parties, through their attorneys, engage in discovery during which they exchange all documents and other information relevant to deciding the issues in the divorce such as property division, spousal support, child support, etc. The parties may attempt to reach a settlement based on the full disclosure to each other of all relevant information.

Equal and Equitable Division?

The value of other, more intangible property is also often divided. It is not always easy for a spouse to identify all of the assets that may be available for valuation and division, especially if the other spouse is less than forthcoming with the details. This is where the parties' lawyers can help. Through the legal process known as discovery, the parties' attorneys exchange documents that reveal each party's income, assets, and liabilities. Documents such as tax returns, personal financial statements, bank account statements, brokerage house records, real estate records, loan applications, and business records usually give a clear indication of each party's financial situation.

Latest Changes?

The division of marital property has also changed in recent years, so that now each spouse is given a more equitable share of the property upon divorce. One change that demonstrates this phenomenon is the recognition of the homemaker spouse's contributions to the accumulation of marital property. For example, whereas once the husband who developed and grew his own business while his nonworking wife stayed home would walk away from the marriage with all of the business assets, courts now award a significant portion of the business assets to the wife, who enabled that business growth by taking care of the home and children, and by entertaining business clients and associates. Homemaker spouses are not considered as dependent as they once were, and as a result alimony, if awarded at all, is now often temporary, with the thought that after a period of rehabilitation these spouses can become self-sufficient. Mothers may have been granted favorable consideration in the past, but fathers are given much more consideration these days. Custody battles, while always difficult and emotional, have become even more complicated as reproductive technology has increased the ways in which people can become parents.

Residency Requirements and Grounds for Divorce?

Either you or your spouse must be a resident of Nevada for at least six (6) weeks to file for a divorce. The person that files for divorce must also provide a witness who lives in Nevada and can testify that he or she knows that you or your spouse have lived in Nevada for at least six (6) weeks. In Nevada, there are three grounds upon which a divorce may be granted. They are:

• Irreconcilable differences
• Insanity for two years prior to the divorce action
• Spouses living separate and apart for more than one year.

Allegations of such things as adultery, mental cruelty and such are not necessary in order to obtain a divorce in Nevada. The legal divorce process begins when one spouse files a petition for divorce in any of the following counties:

• Where the cause for divorce occurred
• Where the nonfiling spouse resides or may be found
• Where the filing spouse resides
• Where the spouses last cohabited

Dividing the Property?

Nevada is a community property state, which means that any property acquired during the marriage is treated as being owned by both you and your spouse. The courts try to divide the community property equally. A spouse's separate property, which is property acquired before the marriage and property acquired by gift or inheritance, is awarded to that spouse.

Property that is considered "separate property:"

• Assets you had before you married may be considered non-marital or "separate property" if you kept that property separated from property acquired during the marriage
• The income produced by a separate property investment may also be non-marital property, as long as it hasn't been "commingled" mixed together with marital property
• Property you inherit from your family during your marriage will generally be considered your own separate property if it was willed exclusively to you and you did not commingle it with marital property during the marriage

It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Alimony?

A court may order alimony, as it deems reasonable, to either party in Nevada. In deciding whether to award alimony, a court will generally consider such factors as:

• The relative earnings and earning capacities of the spouses
• The ages and health of the spouses
• The length of the marriage
• Whether a spouse has been out of the work force for a long time
• The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment
• The relative assets and liabilities of the parties
• The relative needs of the parties

Alimony or spousal support is not based upon any asserted fault of either of the spouses. A court can order temporary maintenance while the divorce is pending. Child Custody and Visitation?

In Nevada, the court will make child custody decisions based upon the best interests of the child. If parents do not decide on custody and visitation, a court will make the decisions for them. In making a custody decision, the court will consider the Nevada Child custody Guidelines. Some additional factors that the court may consider are:

• Ability of each spouse to raise the children
• What would be the most stable environment for the child

Custody rights may change due to many events such as a change in employment, residence or marital status.