Archive for Divorce

What should you do if you are thinking of getting a divorce?

The answer depends on many factors. Are there children involved? What are their ages? Is the divorce going to be contested (Do you expect a fight from the other party or can your case be settled by sitting down with a third party mediator to work through the issues)?

Other factors might include the amount of property you may have … Click Here To Continue Reading

Who is the best divorce attorney?

Generally speaking, anyone smart enough to graduate from law school is smart enough to do a good job on your divorce case. However, brain power is by no means the only consideration. Consider the following:

  1. Will my attorney communicate with me and keep me informed?
  2. Will my attorney prepare? On television, the best lawyers are usually portrayed as the most
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How are property and debts divided in a divorce?

Nevada is a community property state. In a community property state, there is a presumption that all property and all debts earned or incurred during marriage are community. Therefore, each party would be entitled to one-half of the assets, and would be responsible for one-half of the debts.

A presumption of law means that anyone who doesn’t want certain property … Click Here To Continue Reading

How is child support determined?

Nevada uses a formula which is set forth in Nevada Revised Statutes (NRS125B.070). Child support is first factored by determining the non-custodial parent’s gross income (the income before taxes or other monies are deducted). That number is then multiplied by a percentage.

If there is one child, that percentage is 18%. If there are two children, the percentage is 25%, Click Here To Continue Reading

How is child support determined when parties have joint custody of the children?

First, joint custody does not mean an exact 50-50 split of the time with the children. Under Nevada law, if a party has the child or children at least 40% of the time, that parent is deemed to have joint physical custody.

When there is joint physical custody, Nevada Revised Statute 125 B is applied (See post: How Child Support Click Here To Continue Reading

What is the difference between joint legal custody and joint physical custody?

Legal custody means that a parent receives or retains all legal rights for the raising and nurturing of the children. A legal custodian can do anything for a child that the law permits or requires.

Joint physical custody deals with the reality that children can only be in one place at one time, so if the parents no longer live … Click Here To Continue Reading

What are parental rights?

Under the law, parents have equal rights and responsibilities for raising, supporting and nurturing their children. However, a parent can lose some of his or her rights if that parent’s behavior is such that the court believes it is not in the children’s best interest for that parent to be equally involved.

For example, if a parent becomes addicted to … Click Here To Continue Reading

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