The Abrams Law Firm LLC, Author at The Abrams Law Firm, LLC

International Divorce Matters

Posted on January 28, 2021 | by The Abrams Law Firm LLC

Divorce can be a complex, lengthy, and a difficult process when both spouses live in the same place. But when one spouse lives outside the United States, the challenges can be even greater. Divorcing spouses and their divorce lawyers will need to take into account questions concerning residency, international child custody, foreign assets, and other matters on top of the usual divorce issues. International divorce matters are complicated by their nature. If you are going through a divorce and you or your spouse resides in a different country, you’ll need the expertise of a divorce lawyer familiar with all the intricacies inherent in these cases. This article discusses some of the issues that are likely to arise in an international divorce case.

Where to File for Divorce?

If you and/or your spouse have dual-citizenship or otherwise reside in different countries, you will need to decide where to file for divorce. Typically, it is best to file where you currently live, even if you have a different home country. However, if you maintain a home and have other assets in a different country, there might be an advantage to filing there depending on that locale’s divorce laws. Each country has their own unique laws when it comes to divorce and marital property. If the lion’s share of your marital assets, evidence, and witnesses are in the other country, it may be necessary to file there in order to make a claim on the marital assets.

Identifying Foreign Assets

Nevada is a community property state. That means that each spouse generally owns half of the assets and debts acquired during the marriage. There are exceptions to this with the primary one being a valid prenuptial agreement. Absent any exceptions, acquired assets belong to the marital estate whether they are located in the United States or elsewhere. International disputes often involve a variety of assets in different locales. Your divorce lawyer will need to ensure that all assets (including foreign bank accounts, corporate ownership, real estate, etc.) are identified and incorporated into the marital estate for distribution. They should ensure that no assets are hidden from the divorce proceeding, and that no foreign laws get in the way of obtaining those assets for distribution. Your divorce lawyer may also need to obtain orders from foreign courts concerning real estate and other assets or get official documents certified and translated from other languages into English.

International Divorce Child Custody Issues

We explore international child custody matters in another post, but it is worth briefly highlighting some of the challenges to international custody matters. Spouses with different home countries or international residences will need to address, for example:

How parenting time and custody will work if one parent moves to the other country, especially if the moving party wants primary custody
What happens when a spouse wrongfully removes a child to another country
Precautions to take if one spouse moves to another country that is not governed by important international laws such as the Hague Convention
Incorporating communication and travel arrangements into the child custody agreement

Validity of Prenuptial Agreements

International divorces also involve issues that arise because of language barriers. If one party speaks limited English or did so at the inception of the marriage, then they might have lacked the capacity to fully understand and agree to a premarital agreement drafted in English. If English is not your primary language and you are surprised about the contents of your premarital agreement at the time of your divorce, you might have grounds to challenge the validity of the agreement.

Expert Legal Guidance for Your International Divorce

Call a dedicated Las Vegas divorce attorney for assistance with your divorce or divorce related matter. Our expert divorce lawyers in Las Vegas are ready to lead you through all aspects of your divorce case, including residency determinations, alimony, property division, child custody disputes, and all other related issues. They will help you decide if a consultation is right for you. Call our office at 702-222-4021 to personally speak with one of them.

Where is Jurisdiction for Divorcing Spouses Living in Different States?

Posted on January 15, 2021 | by The Abrams Law Firm LLC

It is surprisingly common for people to ask whether they can file for divorce in Nevada if they or their spouse lives in another state. Does Nevada have jurisdiction to hear the divorce? Where is the best place to file? What procedures need to be followed? Read on for an explanation of divorce jurisdiction and Nevada law from our knowledgeable Las Vegas divorce attorneys.

Where Can I File for Divorce?

A Complaint for Divorce can be filed in any jurisdiction where one of the parties maintains residency, regardless of where the other spouse lives. Different states have different residency requirements, so it is important to understand the laws of each state when considering where to file for divorce. It’s important to note that these laws change frequently and what was permissible for residency requirements a few short years ago may not be now. So it’s important that you consult with a divorce attorney that keeps up on all the changes.

Nevada’s Residency Requirement

Nevada has a residency requirement of only six weeks. For a Las Vegas family court to have jurisdiction over a divorce, one of the parties must have resided continuously in the state for at least six weeks before filing for divorce. Nevada’s residency requirement is one of the shortest in the country. Therefore, many people think “OK I’ll just move to Las Vegas for six weeks and then I’m good to file there.” The reality can be more complicated. At a minimum, the Las Vegas resident will need a resident witness and file an affidavit in the divorce case asserting their presence in the state in order to affirm their residency. The spouse residing and filing in Nevada must serve proper notice of the divorce proceeding on the out-of-state spouse. And both spouses must adhere to the same legal processes as any other divorce case.

Where Should I File for Divorce?

In addition to asking where you can file for divorce, it is important to ask where you should file for divorce. One of the advantages of being the first to file is that you get to choose the jurisdiction. Typically, it is to your advantage to choose your home state. It makes things easier and more convenient for you, giving you the “home state advantage.”

If, however, the lion’s share of the assets, evidence, and witnesses are in another location (for example, if you and your spouse lived in another state for a decade and all of your property and family are still located there), then another jurisdiction may be more appropriate. The court, on a motion from your spouse, may even decide that while it technically has jurisdiction to hear the case, another jurisdiction is a better forum to resolve the dispute. Courts are especially likely to transfer a case to the jurisdiction where shared children reside.

Get Expert Legal Counsel for Your Las Vegas Divorce

Talk to your divorce attorney in Las Vegas about your options and learn how to put yourself in the best position in advance of your divorce. Our seasoned divorce lawyers are ready to lead you through all aspects of your divorce case. We will analyze your individual case facts, advise you on the best forum for your divorce, establish jurisdiction, and effect service of process. You will benefit from our expert legal counsel through every step of your divorce case. Our Las Vegas divorce attorneys will speak to you directly and assist you in setting up a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Divorced Parents and Their Children’s Religious Upbringing

Posted on December 31, 2020 | by The Abrams Law Firm LLC

Decisions about raising children can be difficult even in the best of times, and different views on religion, especially so. When parents are divorced, finding a compromise position about how to raise the children can be more so. If divorced parents fundamentally disagree about the religious upbringing of their children, who gets to decide what happens? Can both parents do their own thing, or can one parent actually stop the other from imposing their views? We discuss divorced parents and their children’s religious upbringing in the article below.

Legal Custody is a Significant Factor

In Nevada, there are two types of child custody: physical and legal. Physical custody concerns where the children live, while legal custody concerns the authority to make important decisions about the children’s lives, including medical decisions, education, and religion. If one parent has sole legal custody (which is rare), they get to decide where the children go to school, including whether the children go to a religious school. The other parent has no legal rights or say in the matter. But courts generally award joint legal custody where possible, so that each parent can share in the decision-making process. This can make the determinations regarding religious upbringing complicated.

Courts Generally Avoid Religious Issues

If both divorced parents share legal custody, then each is generally permitted to raise the child with whatever religious beliefs they choose. The judges in Clark County Family Courts do their best to stay out of intimate child-rearing decisions involving religion. Courts are unlikely to order one parent to take their children to church, synagogue, or other religious services. They also will not order a parent to espouse certain religious beliefs to the children. Likewise, courts are unlikely to prevent a parent from taking their children to religious services, even if the other parent objects.

There are some important exceptions. If a parent’s decision appears dangerous for the children, a court may step in. For example, if one parent wants to take the children to be raised in a cult, or if a religious organization is known to abuse children or marry them to adults, then the other parent has a strong argument for the court to intervene and protect the children from harm.

It’s Always What’s in the Best Interests of the Children

Nevada courts make child custody determinations in the children’s best interests, with neutrality towards religion. Courts generally do not favor one religion over the other. The Supreme Court of Nevada recently issued an opinion emphasizing parents’ freedom of religion concerning children. In the case of Arcella v. Arcella, the Supreme Court of Nevada dealt with divorced parents who shared joint legal and physical custody of a child. The father petitioned the court for an order to send the child to a religious school, while the mother disagreed.

The local family court decided that, taking into account the mother’s objection, the child should go to a secular school. However, the Supreme Court of Nevada found that the family court had disobeyed the principle of neutrality by choosing non-religion over religion. The family court should instead have held an evidentiary hearing and evaluated what was in the child’s best interests. The final decision should have been on that basis alone and without consideration as to whether religious schooling is, as a matter of course, better or worse than secular schooling.

Get Expert Legal Advice and Representation

Our dedicated and passionate Las Vegas child custody attorneys are ready to guide you through divorce, property division, alimony, and child custody issues. We vigorously defend your rights and protect your family. Our legal team is ready to handle even the most complex and sensitive of divorce issues. Our divorce attorneys in Las Vegas will explain to you what we offer our clients. Then you can decide if a consultation is right for you. Call our office at 702-460-8005 to personally speak with one of them.

Estate Planning in a Las Vegas Divorce

Posted on December 18, 2020 | by The Abrams Law Firm LLC

Going through a divorce is never easy. In addition to the emotional side of things, there are many financial considerations and changes that need to be made. Beyond resolving issues like property division, alimony, and child custody, the divorce process requires you to make adjustments large and small across many aspects of your life to account for your new situation.

Often your estate plan may have been done by one attorney for both you and your spouse. So you may need a new estate planning attorney. Divorce attorneys and estate planning attorneys are two separate law specialties. Lawyers experienced in complex divorce matters will often have a list of dedicated estate planning attorneys that they can recommend to you. Below, our divorce lawyers highlight general areas that you should consider when deciding what to do about your estate planning in a Las Vegas divorce.

Estate Planning Steps During and After Divorce

When you are married, your spouse often fills in for many of the important roles in your estate plan. Your spouse may be able to make medical decisions on your behalf if you are incapacitated. They may be the first to inherit your assets in an existing will. They are also likely either the source of your medical insurance or are covered by your health or life insurance policies. As you go through the divorce process, there are important estate planning steps to take in order to protect your family and financial future:

Update Your Will. During your divorce, you may want to remove your spouse as a beneficiary, or at least adjust what you think they should inherit. You will likely want to make sure that they do not serve in important roles such as executor. Make sure your revised will accounts for any shared or separate children. Additionally, you or your spouse could remarry in the future and might have additional children, which could further complicate your inheritance desires.
Update Your Medical Proxies. Medical proxies have the authority to make healthcare decisions on your behalf if you become incapacitated. During your divorce, you may want to remove your spouse as your proxy and name a different family member or friend.
Review Your Powers of Attorney. Someone with your “power of attorney” has the authority to make decisions regarding your finances and your assets. As a married couple, you might have executed powers of attorney giving each other access to your accounts and assets even while you have capacity, or you may have determined that they would have the power to make financial decisions should you lose mental capacity due to injury or illness. During your divorce, make sure that you have revoked all powers of attorney from your spouse so that they cannot access your accounts or make decisions on your behalf.
Amend Your Trusts. If you have established any trusts, revisit the terms and conditions of those trusts. You also might need to revoke or amend a revocable trust in accordance with Nevada state law.
Review Health Insurance and Life Insurance Policies. If you are covered by your spouse’s health insurance, you will need to find your own coverage after the divorce. You and your spouse may have life insurance policies naming each other as beneficiaries; those policies could become part of the divorce settlement, or they might be removed during or after the divorce. Discuss your policies with your divorce attorney and estate planning attorney to explore your options.
Revisit Your Estate Plan. There are some steps you can take during your divorce, and there are others you should take once the divorce is finalized. Review your estate plan with your attorney(s) while the divorce is still pending, and make sure to revisit all aspects of your estate plan once again after the divorce process ends.

Advice from Expert Las Vegas Divorce Lawyers

Talk to an experienced divorce attorney for help on all aspects of your Las Vegas divorce, including the immediate and future concerns regarding estate planning. Our divorce lawyers have the dedication and institutional knowledge to guide you through all aspects of your divorce including property divisions, alimony, and child custody. They are well-versed in even the most complex and sensitive of divorce issues. Our Las Vegas divorce attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

9 Critical Questions to Ask Your Divorce Lawyer

Posted on December 8, 2020 | by The Abrams Law Firm LLC

Finding the best legal representation for your divorce can feel overwhelming. There are hundreds of options, and it may seem difficult to evaluate whether a lawyer is qualified and a good fit for your unique circumstances. When you are looking to retain an attorney, take consultations with a few candidates and make sure their skill-set, usual case type, and billing rates are compatible with what you have at stake in your divorce case. Read on for the 9 critical questions to ask your divorce lawyer.

How Long Have You Been Practicing Divorce Law?

When you hire a divorce lawyer, make sure that you retain an experienced one. You do not want a general practitioner who accepts whatever case type walks through their door next. If you have a lot at risk, you will want a divorce law specialist. Make sure to ask your attorney how long they have been practicing, and how long they have focused on divorce law specifically.

What Kind of Divorce Cases Do You Typically Handle?

In addition to divorce law specifically, it is important to retain a divorce lawyer that has worked on many divorce cases similar to yours. An attorney who primarily does uncontested divorces for a discount rate usually does not have the skills appropriate for a contested complex matter. So it is important to consider the facts of your case. Does your case involve a cross-state or international custody dispute? Do you and your spouse share complex assets such as multiple real estate holdings or a business? Are you and/or your spouse concerned about your privacy? Are you worried about your spouse hiding assets? Make sure that your divorce lawyer can tackle the issues that make your case unique.

What is Your Fee Structure?

Before you retain a divorce lawyer in Las Vegas, one of the most important things to know is how much you may have to pay for your divorce. Different attorneys have different fee structures; some charge by the hour and some have a flat fee for certain types of divorce cases. If you have a complicated contested case, do not expect an exact amount but rather a general range. Marital law cases can have many twists and turns that are impossible to predict. Additionally, no attorney knows how your spouse and their divorce lawyer will behave.

In your initial consultation, the prospective attorney should be comfortable when informing you of their fees. If they do not offer the information, ask about their fee structure and a possible cost range for your case. Reputable divorce lawyers have no problem answering this question. The absolute most important issue is to make sure that their fees are appropriate for what you have at risk in your divorce. In other words, you should never hire a high-powered divorce lawyer for a case where there is no financial or child custody reason to do so. Conversely, hiring a discount attorney for a complex matter is a huge mistake. This often results in you dismissing your first attorney and hiring a second one when you realize that your first choice is not up to the task. Further, your new divorce lawyer has to take additional time to “adjust” what your first lawyer has done and get you on the right course.

What is Your Communication Style?

The best Las Vegas divorce attorneys encourage you to communicate with them any time you have a concern. They are also prompt at responding to you. It’s a big red flag if your attorney or their staff is not communicating back to you. Some attorneys like phone calls while others prefer email. Some attorneys keep their clients updated very regularly, while others only update their clients when something important happens or when a matter requires the client’s input. During the coronavirus pandemic, it is even more important to know how your lawyer communicates, such as whether they have video conferencing capabilities. When you meet with potential attorneys, ask about their communication methods, and make sure that it lines up with your expectations and needs.

Who, Exactly, Will Be Working on My Case?

Some divorce lawyers will have support staff manage much of the issues of your case. While there is always a need for an attorney’s staff to perform skill appropriate tasks, they should not be in charge of your case. In these instances, you may believe that you are getting dedicated work from the experienced divorce lawyer (which is what you are paying for) when in reality you are not. In your initial meeting, find out whether your attorney will directly work on and manage your case. You may also wish to meet key support staff members that work under your attorney’s direct supervision so you are comfortable with the entire team. Every divorce matter in our law firm is directly worked on and managed by one of our attorneys. There are no exceptions.

Do You Have Any Disciplinary History With the Bar?

It may feel awkward to ask, but it is important to find out whether your potential lawyer has ever been disciplined by the state bar association. In most states, you can contact the state bar and find out this information if you do not want to ask the attorney directly. If they have ever been in trouble, find out the details so you can evaluate whether their history will be a problem for you. They may have been disciplined for something as innocuous as being late with an annual fee for the state bar, or it may be something more problematic like misappropriating client funds.

Can You Help Me Understand All the Implications of My Divorce?

The effects of divorce pertain to more than just property divisions, child custody, and child support. Ask your divorce lawyer if they can help you understand and deal with other issues connected to your divorce, such as tax consequences, asset valuations, child custody experts, and other matters of concern. Most, if not all, experienced divorce lawyers know specialty lawyers and court certified experts in these areas. It’s not uncommon for divorce attorneys to consult with colleagues and experts in complex matters.

What Will My Divorce Entail?

Unless you have been through the divorce process in Nevada before, it is likely that you only have a vague idea of the process. A few words of caution: Do not rely on the input from well-meaning family members and friends. Their divorce case was unique, as is yours, and their experiences could very well be completely different than yours will be.

Different states have different divorce procedures and requirements. Moreover, depending on how cooperative you and your spouse are able to be, the time frame and cost for your divorce can vary widely. Ask your attorney to explain the steps involved in a divorce proceeding, the possible timelines, and what you should be doing while your divorce matter is active.

What is Your Strategy for My Case?

Once you have discussed your case with your divorce lawyer, ask them to give you an idea of their anticipated strategy. What will they do to protect your share of the marital assets such as real estate, investments, retirement plans, checking and savings accounts, etc.? What will they do about temporary spousal support and alimony? What’s their plan for child custody disputes? Get a sense of how they will handle the details of your divorce matter to ensure that they can properly fight for you.

Las Vegas Divorce Lawyers

Our divorce lawyers in Las Vegas have decades of experience in all manner of divorce and marital law issues. Whether you are currently seeking a divorce, looking for a new divorce lawyer, or dealing with post-divorce issues, our legal team is here to help. Our divorce attorneys can answer your questions to help you decide if a consultation is right for you. Call our office at 702-222-4021 to personally speak with one of them.

What if Your Spouse is Hiding Assets?

Posted on November 29, 2020 | by The Abrams Law Firm LLC

All divorce matters require the division of assets and debts. Both spouses are required to be completely forthcoming concerning their finances. The assets generally fall into two categories: community property or separate. A third possible category is when the assets are partially commingled which means that marital assets were used in support of a “separate property” asset. Separate assets must be disclosed because they can be relevant when determining issues such as alimony and child support. These are complex financial issues.

Some divorcing spouses think they can protect certain assets by hiding them from the divorce process. Hiding assets in a divorce may be unscrupulous and illegal, but it happens nonetheless. And there are countless ways a marital asset may be hidden. Consulting with one or more seasoned divorce lawyers in Las Vegas is the best way to get your proper share. Learn below about what may happen if you suspect that your spouse is hiding assets in your divorce.

Locating Hidden Assets

When you are going through the divorce process, our divorce attorneys do not take your spouse at their word when it comes to financial disclosures. Your spouse must produce copies of all financial records, including documents pertaining to stocks, corporate ownership, business ownership, bank accounts, real estate, and other assets. If our divorce lawyers have any reason to suspect there may be any other assets, they will request additional documents using legal discovery requests, such as the following:

Requests for Production of Documents, such as tax returns, financial statements, accounting reports, etc.
Interrogatories or Requests for Admission to answer specific questions.
Inspection Demands, for property like safety deposit boxes, storage units, commercial properties, etc.
Depositions, where your spouse will be required to speak under oath and answer questions posed by your lawyer.

If your spouse is likely to have more complex hidden assets such as foreign bank accounts, our divorce lawyers may bring in experts such as forensic accountants, actuaries, and investigators to sweep through your spouse’s finances and possibly identify anything not yet disclosed.

Consequences for Hiding Assets

If your spouse is hiding assets during a divorce, they might be subject to strict penalties. Financial certifications, deposition testimony, and other official court responses are made under oath. That means that lying is a form of criminal perjury. While a court is unlikely to seek criminal charges for one or two mistakes, if a party is consistently and intentionally hiding important assets, the court could indeed look to such severe measures. The court might also hold a party in contempt of court for failing to comply with a court order. In any case, a spouse found to be hiding assets is generally subject to heavy fines and financial penalties.

Additionally, a court may impose penalties on a party who hides assets by ruling in favor of the other spouse on financial matters relating to the divorce. In one extreme example, a woman won a $6 million state lottery jackpot shortly before divorcing her husband. She hid the lottery win from her husband and the court. When the court discovered the hidden assets, the court ordered the woman to turn over the entire lottery jackpot to her spouse in the divorce.

Help With Your Nevada Divorce

Our experienced divorce lawyers in Las Vegas are prepared to help you resolve all issues relating to your divorce proceeding, including identification of any hidden assets, property distribution, child custody, alimony, and others. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Can My Divorce Be Kept Private?

Posted on November 20, 2020 | by The Abrams Law Firm LLC

If it’s not specifically requested and handled properly, divorce proceedings can be the ultimate form of “airing your dirty laundry” in public. The fact that your marital relationship is ending isn’t the only issue that becomes public. Details of your private life make their way into public court filings and hearings insofar as they relate to the proceedings. Divorce related disputes, including personal and financial details concerning your children and your property, are also available to anyone who cares to find them.

Privacy during divorce proceedings is not just for high-profile individuals such as actors, athletes, C- Level executives, and public figures. Anyone can have their divorce lawyer request to seal their divorce proceedings from public view in Nevada. Below, our knowledgeable Las Vegas divorce lawyers discuss your options for keeping your private life just that – private.

Court Filings are Public by Default

In the United States, with exceptions for national security and related issues, most court filings are available to the public by default. This is true for all divorce cases in Nevada. So anyone can obtain the documents in your divorce proceeding. Court filings become a matter of public record unless there is a specific request to the family court to keep those proceedings sealed from public view. With the advent of the internet, looking through court documents is exponentially easier than when someone would have had to sift through paper records. Unless your divorce attorney takes steps to make court records private, they remain visible to the public.

Sealing Divorce Court Records

Your divorce lawyer can file a request to seal your entire divorce case from the outset. If the court grants the request, which is commonly done, all files, exhibits, records, and testimony will be sealed from public view. All court hearings will also be private. The judge will clear the courtroom of all parties not associated with the hearing before it begins.

When a divorce case is sealed, the only people who can attend the court hearings and see the details of the sealed documents are the two spouses involved, the parties’ divorce lawyers, and the judge. In some cases, court certified experts may be granted access to limited documents in order to perform their professional duties.

Divorce Mediation is an Option with Privacy

If you can resolve all of your issues outside of the courtroom, then you will never have to worry about the public nature of court documents. Most divorcing spouses have the option of going through mediation. Divorce mediation is a non-court proceeding for resolving marital disputes, and is both private and confidential. Unless all parties agree, or there are very exceptional circumstances, nothing that happens in divorce mediation proceedings will be disclosed, either to the court or the public.

Two Methods of Private Case Resolution

If you resolve all of your issues outside of court, either through settlement negotiations or mediation, then the final decree of divorce can be a very plain filing ending the marriage. The filing simply refers to a confidential settlement agreement. It leaves out the private details of the divorce matter. In these instances, the parties’ attorneys request that the court incorporate the settlement agreement by reference rather than including it in the public filing. Therefore, the only information the public sees is that the marriage ended and an agreement was reached.

Keep Your Las Vegas Divorce Under Wraps

Our Las Vegas divorce lawyers know how to protect your privacy and your interests in your divorce proceeding. We fight for your rights across all divorce-related issues, including property distribution, alimony, child custody, child support, and others. Whether you are currently contemplating divorce or dealing with other marital law issues, our family law team is ready to help. They will speak to you directly and assist you in setting up a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Living With Your Spouse During Divorce is a Bad Idea

Posted on October 31, 2020 | by The Abrams Law Firm LLC

Divorce matters are complicated for a variety of reasons. Divorces involve complex and heated emotional issues, affect the lives of both parties and their children, and can impact your financial security. Some people consider continuing to live with their spouse during the divorce proceeding. They also may think that keeping the family together can help the children through the transition. As we mentioned in a recent post, we strongly advocate against living with your future ex during your divorce case. The consequences far outweigh any benefits of doing so. In this article, we cover a few of the reasons why living with your spouse during a divorce is a bad idea.

Divorces Involve Conflict

Even the most amicable divorces can dredge up unexpected conflict. While you and your pending ex-spouse might agree that divorce is necessary, unless you have minimal assets and debts and no children, you will still have issues about which you disagree. You may not see eye-to-eye about alimony, how property should be divided, child custody, or any number of other life changing issues. The more complicated your divorce issues are, the more opportunity for disagreements. Most importantly, if you could have worked out your differences before, you wouldn’t be getting a divorce at all. Now that you are in a legal proceeding over these issues, if you live together there is simply too much opportunity to get drawn into arguments. These arguments cause further conflict and make a bad situation worse. You should leave all conflict resolutions to your divorce lawyer. They know how to “turn down the heat” and negotiate or litigate in your best interest.

Divorces are Emotional

While some parties are able to maintain a civil demeanor during divorce proceedings, those divorces are the exception, not the rule. Divorces are inherently emotional. Deciding to separate from someone with whom you thought you’d share a lifetime is a difficult and complicated experience. Combined with the complexity of legal proceedings, it is likely that matters will get heated inside and outside the courtroom. Living together is likely to lead to blowout fights and screaming matches about your relationship, your children, your finances, and any number of other issues. It is better to keep distance between you and your soon-to-be ex. You’re much better off focusing on resolving the legal disputes and preparing for your future.

It’s Not Better for Your Children

You are getting divorced for a reason. Your marital relationship is fundamentally not working, and you have decided that you will be better off apart. If you have children together, you have already decided that your family will not be better off by “staying together for the kids.” Trust that instinct. Divorce is going to be a transition for everyone involved. Trying to make the process smoother for your children by living in the same home often does more harm than good. It is more likely that your children will witness arguments, or being passive-aggressive, or being simply being unhappy around one another. Exposing your children to your conflict every day is likely to cause more harm than simply having one party move out and live on their own.

It Will Limit Your Ability to Move On

Divorces take time. Each divorce case is unique and the time frame varies. You may be going through the process for six months or for two or more years. The time frame is often related to the nature of the disputes involved, the types and values of assets being distributed, and child related issues. If you are waiting for the divorce to finalize before moving out, you are essentially putting the next chapter of your life on hold. It is unlikely, for example, that you would feel comfortable to begin dating while still living in the same home.

Seasoned Legal Guidance

Our highly effective divorce lawyers in Las Vegas are ready to guide you through all of your divorce issues, including complicated property divisions, alimony, and child custody matters. We are dedicated to defending your rights and protecting your family. Our experienced attorneys have handled the most complex and sensitive divorce law matters for over two decades. They will explain to you what we offer our clients. Then you can decide if a consultation is right for you. Call our office at 702-460-8005 to personally speak with one of them. They will put your mind at ease and explain how to best resolve this difficult time in your life.

How is Alimony Taxed or Deducted?

Posted on October 22, 2020 | by The Abrams Law Firm LLC

Divorce comes with a whole host of financial considerations. Property divisions and alimony are two of the most important financial aspects in a divorce proceeding. These two issues will affect the quality of life of both parties immediately, and many times, for years after the divorce is final. Our Las Vegas divorce lawyers typically find that clients are aware of some of the financial implications of divorce but are surprised to learn about others. In this article, we discuss one question that commonly arises in a divorce: How is alimony taxed or deducted? Continue reading for the answers to these important questions.

Note: The content of this article is not meant to be specific legal or tax advice. You should always seek the counsel of your own divorce lawyer and tax professional based on your individual circumstances.

What is Alimony?

Alimony is a cash payment, or more commonly, a set of cash payments over time, from one ex-spouse to the other. Alimony differs from spousal support in that alimony occurs after the divorce is final. Spousal support typically is a temporary financial arrangement that occurs during the divorce proceeding.

There are no guarantees that alimony will be agreed to or awarded in a divorce case. Each set of financial circumstances is unique. There are, however, certain factors that usually affect whether alimony is part of a divorce matter. These include, but are not limited to, the length of the marriage, the financial condition of each party after divorce, and the educational level and earning capacity of each ex-spouse – to name just a few.

Alimony is one of the most complex issues in a divorce matter. You should always consult with an experienced divorce lawyer on any alimony claim. So if alimony is awarded, does the alimony recipient have to pay income tax? Does the alimony payer get a tax deduction?

Changes to the Federal Tax Law in 2019

For many years, alimony was federally tax-deductible to the payor and taxable as income to the payee. This arrangement made sense: Wealthier spouses were encouraged to agree to a more substantial alimony payment because they knew that the payments would be tax-deductible on their federal income tax return. Alimony recipients, in turn, relied on alimony as their source of income and it was taxable just like any other form of income.

In 2017, the federal government enacted the Tax Cuts and Jobs Act (TCJA). One of the principal effects of the TCJA for divorcing spouses concerns alimony. Essentially, the new law shifts the tax burden from the recipient to the payor. The new law also applies to alimony agreements entered into before 2019 but modified after the TCJA’s effective date.

The TCJA completely and permanently eliminates the federal tax deduction for alimony payors, for anyone who gets divorced after January 1, 2019. Recipients of alimony, in turn, no longer report alimony as taxable income. This results in more total income tax to the federal government as the payor is typically in a higher tax bracket than the recipient. It also provides an incentive for wealthier spouses to fight tooth and nail to reduce their alimony obligation.

Nevada State Tax Law

Nevada is one of nine states that have no income tax. The others are Alaska, Florida, New Hampshire, South Dakota, Tennessee, Texas, Washington and Wyoming. Since there is no income tax in Nevada, neither ex-spouse has any state tax penalty or advantage regarding alimony payments.

Trusted Advice and Legal Representation Concerning Alimony

Our seasoned divorce lawyers in Las Vegas are ready to lead you through all aspects of your divorce case. One of our attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to see if what we offer is right for you.

How Will Your Divorce Attorney Prepare You for Court Hearings?

Posted on October 14, 2020 | by The Abrams Law Firm LLC

Most people will rarely be in a courtroom during their lifetimes. As such, it can be an unfamiliar experience for those not accustomed to the setting and court procedures. Conversely, an experienced divorce attorney has been in a courtroom hundreds, if not thousands of times. A qualified and effective divorce attorney knows how to walk you through the hearing process and make sure that you are well prepared in advance.

Some hearings will be “motion” hearings; others may be “evidentiary” hearings. Motion hearings are those which ask the family court judge to rule on a written filing previously submitted to the court. The motion details your position on specific issues and includes written supporting documentation. Evidentiary court hearings are most common in child custody disputes. These court hearings are more complicated than motion hearings, so we’ll leave a full discussion of evidentiary hearings for another article. In this article, we discuss a few of the ways your divorce attorney will prepare you for your motion court hearing.

Discussing the Court Hearing Process

The best way to prepare for a hearing is to know what to expect. Throughout a divorce proceeding there may be multiple hearings, including hearings about the value or source of expensive property, temporary and permanent custody, temporary and permanent child support and alimony, evidentiary matters, and others.

Well qualified attorneys understand that this is all new to you. They will describe, in straight-forward terms, what the court hearing will entail. This includes the family court judge handling your case, the specific issues on calendar for the hearing, what attire is most appropriate, instructions on how to conduct yourself during the hearing, and possible outcomes – to name just a few.

Be Familiar with Your Case Facts

Your attorney will prepare you for the motion hearing well in advance. They will discuss with you whatever is likely to be addressed by the court. If you are asked a question by the judge, it is important that you are comfortable with the facts in your motion. You are not expected to remember every detail such as the value of various bank accounts down to the decimal points, but you should prepare as best you can. Your attorney will review the relevant evidence in your motion, and work with you on a few key points that you may need to get across such as your living situation, your financial situation, etc.

Your Divorce Attorney Will Lead the Way

Remember to relax, remain calm, and take comfort that your attorney will do most, if not all, of the speaking on your behalf. Remember that the information supporting your request(s) has already been submitted to the court. There can be occasions where the judge will ask you a question directly. Do not immediately answer the judge’s question. Instead look to your attorney for guidance. Knowledgeable divorce attorneys know when it’s in your best interest to speak. If your attorney indicates that you should answer, speak in a calm clear voice and keep your answer focused on the question. If you are having difficulty, your attorney may interrupt and speak on your behalf. Don’t be concerned about this as it is completely normal behavior in divorce court hearings.

Submitting the Evidence in Your Motion

This is another area where your attorney will take the lead. They will have supporting evidence prepared ahead of time in the written motion filing. Having supporting documentation for your side of the case is a crucial factor in preparing for your court hearing. If your hearing concerns financial issues, your attorney will have all the relevant documentation such as tax returns, real estate documents, bank statements, retirement account statements, proof of current income, utility bills, mortgage statements, etc.

They may also have additional information and evidence which may have not been available at the time of your motion filing. This is helpful in case the judge asks a question, your spouse’s attorney makes an untrue statement, or the accuracy of one of your assertions is called into question. Your attorney may present additional documents into evidence throughout the hearing to support your positions, and having those at hand during your court hearing will make the process much smoother.

Experienced Las Vegas Divorce Attorneys

Talk to a dedicated divorce law expert regarding the best approach for your divorce proceeding. Our attorneys have the dedication and institutional knowledge to guide you through all aspects of your divorce, from temporary spousal support, alimony and property division, to child custody issues. We will stand by your side and provide seasoned legal representation and comforting counsel from day one until your divorce is finalized. Our Las Vegas divorce attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Our Divorce Attorneys in Las Vegas Are Different

Posted on September 29, 2020 | by The Abrams Law Firm LLC

There are many factors to consider when evaluating which divorce attorney is the one best suited to represent you. It’s important to recognize that your case and concerns are unique. We also recognize that the level of expertise we provide is not required for every divorce case. Only you can determine what’s best for your case. The following highlights how and why our divorce attorneys in Las Vegas are different.

Enhanced Two Hour Consultations

Your legal representation begins with a formal consultation which lasts approximately two hours. While many divorce attorneys provide free initial consultations, we do not. That’s because it’s not possible to create a strategy for success and an initial implementation plan without spending the appropriate time getting to know you and your concerns. This is particularly true in the complex divorce cases that we routinely handle.

Boutique Divorce Law Firm

It is also important to understand that not all divorce attorneys have the same expertise and skill-set. There is a huge difference between a general practitioner and a divorce law expert. Our legal specialty has been exclusively dedicated to divorce and divorce related matters for over two decades. We are a boutique divorce law firm and only work with a certain amount of clients at one time.

Divorce law, like all law practice areas, changes on a regular basis. This is caused by new legislation, new case law precedents, and societal social changes. For example, our divorce attorneys often handle cases where there are substantial assets before and during the marriage and/or a business that is owned by one or both spouses. These financially sophisticated matters require a divorce attorney who has considerable experience with such cases.

An attorney’s familiarity with the Clark County Family Court Judges is also a significant factor in deciding the best divorce attorney for you. Just as your divorce matter has unique circumstances, each family court judge has their own unique tendencies in how they rule in divorce matters. It is definitely not a “one size fits all” family court. Our divorce attorneys know the tendencies of each family court judge because they have appeared before them in hundreds of court hearings and trials.

Your Divorce Attorney Directly Works Your Case

There’s a little known aspect of divorce law practice that many other divorce attorneys in Las Vegas employ: The divorce attorney is a figure head for initial consultations and court hearings but doesn’t actually do the majority of the work on your case. This is particularly true in divorce law firms that use a “volume based” business model.

At our law firm, one of our attorneys actively works each case. One of them will directly communicate with you on all important case issues. Our communications philosophy is a two way street. We recognize that you may have an emergency or urgent need to communicate with your attorney. Every client at our firm receives their divorce attorney’s private cell phone number for use in these instances. This form of communication is available 24 hours a day, 7 days a week, including holidays.

We are able to accomplish this level of communication and legal representation because we are a boutique divorce law firm. That means we do not operate on a volume of clients so you’re never “just a number” to us. You deserve personalized attention from your divorce attorney and we provide it to every client.

State Bar of Nevada Certified Divorce Law Experts

Our founder, attorney Jennifer V. Abrams, and our firm’s named partner, attorney Vincent Mayo have achieved the highest accreditation for divorce law from the State Bar of Nevada: They are Certified Family Law Specialists with a combined 35+ years of legal experience dedicated exclusively to divorce and marital law matters. This distinction has been achieved by less than 1% of the licensed attorneys in Nevada.

Certified Paralegal Support Staff

Another often overlooked issue when deciding the best divorce lawyer for you concerns the term “paralegal”. In Nevada anyone can call themselves a paralegal. No training whatsoever is necessary. However, a “certified paralegal” is quite different. Certified paralegals are required to complete rigorous training by an accredited college or university.

Every paralegal at our divorce law firm is certified and has years of experience working on divorce cases. They each work under the direct supervision of either Jennifer V. Abrams or Vincent Mayo. This distinction is important. The supervision goes well beyond a commodity-like assignment. Each certified paralegal is directly involved in all aspects of your case and may also contact you directly according to the instructions of attorneys Abrams or Mayo.

Negotiated Settlements and Complex Litigation

Our divorce attorneys are highly skilled at both negotiated settlements and complex litigation. It’s important to understand the difference between the two because they often overlap. The best divorce attorneys know that the majority of divorce cases begin as contested matters but are resolved through negotiated settlement. In other words, the case does not go to a trial before a family court judge. However, in order to achieve a successful negotiated settlement, there is considerable legal acumen and work required. That’s because case settlement is never guaranteed and your divorce attorney must always be prepared to go to trial if need be.

In order to achieve a successful negotiated settlement or to prevail at trial, your divorce lawyer must gather and analyze numerous financial documents. If your spouse will not provide the documents voluntarily a subpoena will be served on one or more financial institutions. These institutions are required by law to provide the requested documents.

Child Custody Issues

Child custody and support must also be addressed in any divorce case that involves children. In instances where primary child custody and/or child support amounts are contested, your lawyer must investigate all aspects of the relationship between the child (or children) and both parents. This can entail interviewing other family members and, in certain cases, reports or testimony from child custody experts.

Expert Divorce Attorneys for You

Regardless of whether your case is resolved by a negotiated settlement or through trial, your divorce attorney must be well versed in all aspects of your case. The best divorce lawyers know the information they need to produce the best results. It is important for you to feel comfortable discussing any and all divorce related issues. The best outcomes can only be attained through complete transparency between you and your attorney. Our Las Vegas divorce attorneys will speak to you directly and assist you in setting up a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

How Can You Challenge a Las Vegas Prenuptial Agreement?

Posted on September 23, 2020 | by The Abrams Law Firm LLC

Prenuptial agreements, often called “prenups,” are contracts entered into between parties in anticipation of marriage. Prenups are increasingly common among couples marrying in the 21st Century, and no longer just reserved for the wealthy and the famous. Family courts may, or may not, defer to prenuptial agreements when it comes to dividing marital property and deciding other economic issues in a divorce. If you are stuck with a prenup that leaves you with nothing or less than you deserve, what are your options? We discuss how you can challenge a Las Vegas prenuptial agreement below.

The Prenup is Invalid

The principle way to challenge a prenup, either before or during a divorce, is to establish that the agreement itself is invalid. Prenuptial agreements are civil contracts. This means that they follow the principles of contract law. There are various legal grounds commonly used to establish that any sort of contract is unenforceable because it was invalid when executed. If your divorce attorney in Las Vegas can demonstrate that a prenup is invalid, then it will have no legally binding effect on your divorce proceeding. The typical grounds to invalidate a prenup include the following:

Lack of Independent Legal Counsel

Your spouse must provide you the opportunity to secure the advice of your own attorney. Using your spouse’s attorney is not good enough unless you agree to it. Nonetheless, if you choose to use your spouse’s attorney or decline to get your own independent legal counsel, your decision to do so must be in writing and not relate to any other grounds for invalidity.

Adequate Time Frame

If your spouse did not allow you an adequate time frame for you to review the prenup, or have your independent divorce attorney review it, you may have an argument for ruling the agreement invalid.

Fraud, Misrepresentation, or Deception

A prenup is invalid if a party can prove that they were tricked into entering the agreement. If you can show that your spouse lied about material matters pertaining to your marriage, or hid assets or financial obligations when negotiating the prenup, then you have a case for getting the prenup ruled invalid.

Involuntary Signing

A prenup is only valid if both parties entered into the agreement voluntarily. If one party was coerced into signing the prenup through force, threats of force, threats of financial ruin, or other forms of coercion, then the agreement may be invalidated.

Capacity

Contracts are only valid if the parties who enter into them are of sound mind and of legal age. If one party to a prenup lacked the capacity to consent, then the agreement may be ruled invalid. A party might lack capacity if they were intoxicated at the time of signing, if they have a mental disorder, or if they were not a legal adult when they entered the agreement.

Unconscionability

The Las Vegas Family Courts may invalidate a prenuptial agreement if the terms are so shocking that they run afoul of public policy. In simpler terms, unconscionability means that the agreement favors one party so much more than the other that the courts find it invalid.

Unenforceable Terms

In addition to invalidating the agreement in its entirety, a party can refuse to comply with certain terms of a prenup that are legally unenforceable. Not everything is subject to contract, and there are terms common to prenuptial agreements that the law refuses to enforce on public policy grounds. Specific terms that are not enforceable in prenups include:

Child Support

Child support is a legal obligation owed to the child, not a parent. A prospective couple cannot include a term in a prenup that lowers the amount of child support one parent will owe in the event of divorce. A prenup can be used, however, to agree to a greater child support obligation than that required by law.

Illegal Conduct

A prenup, like any other contract, cannot call for a party to violate the law.

Child Custody

A prenup cannot preemptively determine child custody. The parties and the court will decide upon child custody based on the best interests of the children at the time of divorce.

Alimony

A prenup can limit alimony to some extent, but it cannot eliminate alimony altogether or set alimony at too low a level if either action would leave one party destitute.

Best Interests of the Child

A prenup cannot waive the court’s right to determine the best interests of the child for specific purposes.

Las Vegas Prenuptial Agreement Experts

Our divorce lawyers in Las Vegas have decades of experience with complex prenuptial agreements, including those covering hundreds of millions of dollars. They are ready to draft and execute a valid prenuptial agreement or challenge invalid provisions in an existing agreement. One of our lawyers will explain to you what we offer our clients. Then you can decide if a consultation is right for you. Call our office at 702-460-8005 to personally speak with one of them.

What Happens to Real Estate in a Divorce?

Posted on September 18, 2020 | by The Abrams Law Firm LLC

The average age of people going through a divorce has increased in recent years. In fact, the divorce rate in the United States for people over the age of 50 has doubled since 1990. Divorcing at 30 may be as simple as determining alimony, child support, and a division of the parties’ bank accounts. Divorces involving older parties, however, are likely to include more complex issues. People accumulate wealth and more complex assets over time. For parties who invest in real estate, including both family homes and commercial properties, how will the divorce affect their ownership? Continue reading this article for a discussion of what happens to real estate in a divorce.

Community Property

Nevada is a community property state. This means that any asset that is part of the marital estate will be divided between the divorcing spouses. Community property includes any property acquired during the marriage, with certain notable exceptions, regardless of whose name is on the property’s title. For the sake of simplicity, we will ignore those exceptions for now.

Assuming the parties acquire a house or another piece of real estate together during the marriage, then that property will be divided between the parties in a divorce. Unlike bank accounts or stocks, real property cannot be readily split in half. Parties in a divorce typically have three options for dealing with jointly-owned property:

Buyout. Perhaps the simplest option involves one party buying the other party’s interest in the property. If a residential or commercial property has a net value of $900,000, then one spouse can pay the other spouse $450,000 in cash or other assets distributed as part of the divorce. The net value of the property accounts for outstanding mortgages and other issues such as unpaid property taxes or HOA fees as of the date of the decree of divorce. Typically your Las Vegas divorce attorney will retain an accredited appraiser on your behalf to determine the property’s value. In some cases the divorce lawyers representing each spouse will agree on the appraiser. In other cases each party will hire their own appraiser.
Sell the property and split the proceeds. If the parties cannot agree on a buyout value, or if neither party can afford to buy out the other, or if neither party wants to own the property, the parties can sell the property and then divide the sale proceeds.
Partitioning. Partitioning is a more complex option, subject to local zoning and other regulations, and is only available where partitioning is possible and realistic. If a couple owns an apartment complex with eight units, for example, then the parties could split the complex and each retain ownership of four units. Acres of farmland or other large pieces of real property can, at times, similarly be split. Partitioning does not work for dividing up the family home, as it is impractical to split ownership of a residential property.

Separate Property

Not all property is community property. If one spouse owned property before entering into the marriage, which they bought separately from their spouse, then that property might not be part of the marital estate. Likewise, property governed by a prenuptial or post-nuptial agreement, or obtained through inheritance or third-party gift to one spouse may be sole and separate property – even if acquired during the marriage. If the property has increased in value through the sole effort of the individual owner or through no effort of any party but due to the passage of time, then the increase in value may remain separate property as well.

If the non-owning spouse contributes to the other spouse’s sole property through improvements or renovations, or if community funds (such as a joint bank account) were used to pay for taxes, mortgage payments, or improvements and renovations, then some or all of the value of the property may be converted into community property. If the joint investment in the property is substantial, then the property may be generally converted into community property, and the parties can explore the options discussed above to divide the value. There are no hard and fast exact mathematical formulas to determine the ownership attributes of property that has been commingled. Your divorce attorney will know what property value is community and what value is sole and separate based on your individual case facts.

Call Our Expert Divorce Attorneys in Las Vegas

Our seasoned divorce lawyers in Las Vegas are ready to guide you through all aspects of your divorce case. They have decades of experience dealing with complex and high-asset divorces, and are well-versed in navigating even the most complicated and sensitive of marital law issues. We are prepared to help you understand how your specific case facts can be used to your advantage. This includes property valuation and equity distribution to child custody, temporary spousal support and alimony. Our Las Vegas divorce attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Valuing a Marital Business During Divorce

Posted on September 12, 2020 | by The Abrams Law Firm LLC

Not all divorces can be resolved as simply as deciding who gets the house and who gets the car. Those assets can be relatively easy to handle: Define the property as separate or community, establish the fair market value of the property, and then distribute between the divorcing spouses. Individuals and families, however, often own more complex assets, such as family businesses. Valuing a marital business during divorce is a far more complex matter. If you or your spouse owns part or all of a business operation, how will the value of the business factor into your divorce? In this article, we discuss the methods by which to evaluate the economic value of a business for the purposes of asset determination in a divorce proceeding.

Business Valuation is Important and Difficult

Business valuation in a divorce is extremely important and extremely complex. If the marital estate is to be divided properly, and it is determined that a family business has a community property component, then the valuation of the business could make a significant impact in terms of apportioning other marital property to each of the divorcing spouses.

So how does a business get valued? If a party derives $260,000 in income per year from the business, how does that affect the value? What about the commercial building and other physical assets? What about expected future income? What about business debts?

Three Approaches to Business Valuation

There are three general approaches to take when valuing a business in a divorce: the asset approach, the market approach, and the income approach. Each of these approaches requires a deep understanding of the economics, spousal participation, and current business climate. Each spouse, through their divorce attorneys, is likely to retain business valuators and other financial experts as part of their divorce legal team in order to establish a business valuation. Often the agreed upon value of a business is a combination of valuation methods.

Asset. The asset-based approach aims to calculate the value of a business using a simple formula: business assets minus liabilities equals value. Assets are both tangible (infrastructure, inventory, real estate, etc.) and intangible (patents, intellectual property, value of a celebrity name, etc.) The asset approach sounds simpler than it is in practice. Some assets, such as real estate or company vehicles, may be easier to value, but others are more complex, especially intangible assets. Inventory can be valued at cost, but that may vary by age and type of inventory. This approach may also leave off unrecorded liabilities, such as informal personal loans from the shareholders.

Market. The market approach involves looking at other similarly-situated companies in the same industry and region, of roughly the same size. Ideally, the parties would find similar businesses that have been sold in recent years and use the sale price to approximate the value of the business at issue in the divorce. This approach is useful when similar companies have been sold recently, but if there are no such data available, then this approach has limited correlation.

Income. The income approach focuses on the expected income and cash flow of the business. The parties will utilize historical information as well as predictive formulae to forecast expected cash flow and profits, and will then use those expected profits to calculate a net present value. The formulae used should incorporate future benefits as well as anticipated risk. While complex, this approach is the most commonly used of the three.

Contact an Experienced Las Vegas Divorce Attorney

Our seasoned divorce lawyers in Las Vegas are ready to help you navigate all aspects of your divorce case. We are experienced in handling even the most complex divorce cases involving high-value and complicated assets and distributions. We will guide you through all aspects of your divorce, from property valuation and distribution to alimony and child support. Our Las Vegas divorce attorneys will speak to you directly and assist you in setting up a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Advantages of Filing for Divorce First

Posted on September 7, 2020 | by The Abrams Law Firm LLC

Many clients who are considering the prospect of divorce ask whether it is better to be the one who files, or if it is better to be the party to respond. For divorce cases the answer is clear: There are advantages of filing for divorce first. In legal terminology, the person who files is known as the plaintiff, the respondent is called the defendant. Being the plaintiff in your divorce gives you several key advantages, even if your divorce is likely to be amicable. Below, we discuss several of the benefits of being the party who files the complaint for divorce.

Hiring the Best Las Vegas Divorce Attorney for You

After your attempts at reconciliation are unsuccessful and you know that divorce is inevitable, you need hire the best Las Vegas divorce attorney for your case before your spouse contacts the same attorney. If your divorce case is complex, especially with financial or child custody issues, there is a finite set of divorce lawyers in Las Vegas qualified for such matters. It is not uncommon for our office to be contacted by both divorcing spouses at different times. After one party receives a formal consultation from one of our divorce law specialist attorneys, we cannot speak to the other spouse. In fact, we will not even respond to their requests for contact.

Control the Timing of Your Divorce Case

Filing the complaint for divorce means that you know the timing of the case, giving you the chance to secure knowledgeable and effective legal representation as well as to collect all of the documentation you will need to pursue your case. You and your Las Vegas divorce attorney can prepare to track down bank and brokerage account statements, real estate records, vehicle registrations, insurance policies, wills and trusts, etc. so that you can hit the ground running in your divorce proceeding.

Get in the First Word

By filing the complaint for divorce, and thus being the plaintiff, you get to set the stage for the proceedings. The family court will read your complaint for divorce first, meaning you can highlight your side of the case before your spouse gets to make their defensive arguments. At court hearings and at trial, you will likewise get to present your case first, letting you frame the evidence, issues, and arguments in the manner most favorable to you. As a side note, only a small percentage of divorce cases go to trial. However, being the plaintiff at trial if it does occur is a distinct advantage.

Possibly Choosing the Venue

When you file a divorce case, you may have the opportunity to file in a jurisdiction that is to your advantage. Divorce filings are valid in a jurisdiction in which one of the spouses resides, assuming residency requirements are met. If you live in the same city, the venue is not much of a question. However, if you and your spouse live in different states, or if you spend equal time in different homes in different counties within the same state, then there may be more than one venue option available to you. You may want to take advantage of filing for divorce in your home county, rather than where your spouse lives, to avoid having to travel for court appearances. Discuss the advantages and disadvantages with your divorce attorney, and file in the jurisdiction that is most favorable to you.

Prevent Your Spouse from Hiding Assets

Wealthy spouses who sense a divorce filing may try to hide assets in offshore accounts and other hard-to-reach locations. Hiding assets in a divorce is not only dishonest; it is always looked upon negatively by the family courts. Regardless, many spouses try to do so in order to gain an unfair financial advantage or get one over on their soon-to-be ex. By filing first, you can take advantage of the element of surprise, preventing your spouse from undergoing any shady dealings with property sales or asset transfers.

Get Relief Sooner

If you are in need of immediate relief because of your spouse’s actions, filing the complaint for divorce gives you the chance to get relief as soon as possible. If your spouse is preventing you from access to marital assets, or if they pose a domestic violence risk, you can ask for a court order to protect yourself and your family. If you are separated from your spouse and you need spousal or child support, you can request temporary support while the divorce is pending. The sooner you file, the sooner you can get a court order for what you need.

Trusted Legal Representation for Your Las Vegas Divorce

Talk to one of our divorce law experts to discuss the best approach for your divorce matter. Our divorce lawyers will bring experience and dedication to bear in guiding you through all aspects of your divorce, from temporary spousal support, alimony and property division, to child custody issues. They are well-versed in even the most complex and sensitive divorce issues. Our divorce attorneys in Las Vegas will explain to you what we offer our clients. Then you can decide if a consultation is right for you. Call our office at 702-460-8005 to personally speak with one of them.

Can Alimony Be Changed After Divorce?

Posted on August 26, 2020 | by The Abrams Law Firm LLC

Alimony, also called spousal support, is an aspect in some divorces. Alimony is not always granted but can be, especially when one spouse has a significantly higher income. In Nevada, alimony awarded at the end of a divorce proceeding is generally categorized in one of three ways: permanent, temporary, or rehabilitative.

Temporary alimony typically has a defined amount and set end date or triggering event; for example, $2500 per month for three years. Rehabilitative alimony is meant to provide support for an ex-spouse while they get the education or training necessary to get a job and support themselves. Permanent alimony typically does not have a specific end date or event, with the exceptions of death or remarriage of the receiving ex-spouse. Regardless of the type of alimony awarded, is it possible to change alimony after divorce?

Alimony Change of Circumstances

Regardless of when alimony is set to end, an ex-spouse paying alimony can seek to reduce or terminate their support obligation through a showing of changed circumstances. A party may also petition the court if they uncover fraud or mistake. NRS 125.150 defines the laws regarding alimony and the associated three year limitation to file a petition for change in alimony based on fraud or mistake.

Changed circumstances involve some unexpected life event that affects the party’s ability to continue paying support, or the receiving party’s need for support. Typically, changed circumstances involve either significant unexpected expenses (such as a serious injury or illness), or significant changes to the payor’s income such as a job loss. As a benchmark, a change in the payor’s income by 20 percent or more will be a change of circumstances sufficient to seek modification of alimony.

Assuming the paying party shows a changed circumstance sufficient to justify modifying alimony, the court will weigh the factors it originally considered when granting alimony in order to establish whether alimony should be modified or terminated. These factors include the financial condition and property of each spouse; each spouse’s earning capacity, the standard of living during the marriage, and other factors. The court will also consider whether the reduction in the payor’s income was by choice, i.e., if they are intentionally unemployed or underemployed, or out of the payor’s control, such as a job loss. Petitions for modification must be in good faith, and a party cannot intentionally reduce their own income just to pay less alimony.

Alimony Changes and Cohabitation

Most divorce lawyers in Las Vegas will include a clause in the final decree of divorce where alimony will end when the recipient gets remarried. What is less common is a clause in the decree where alimony arrangements will end upon the recipient’s cohabitation with a new partner. As a general rule, family court judges do not want to force a former spouse to continue paying an ex when they now have someone else to support them. Nor do they want to force a former spouse to subsidize the life of their ex’s new spouse.

Cohabitation occurs when a party begins to reside with a new romantic partner. Knowledgeable divorce attorneys understand the possible temporary nature of cohabitation and often will not agree to include any alimony termination provisions in the decree of divorce based on cohabitation. Nonetheless, a party may petition the court for an end to alimony if the recipient is being financially supported by a cohabitating partner, even before remarriage. Even parties who maintain a separate residence may still be “cohabitating” if they reside together most of the time and there is financial commingling. Your divorce attorney should gather evidence to demonstrate cohabitation if it is not obvious on its face.

Speak With a Las Vegas Alimony Attorney

If you are seeking to reduce or stop your alimony obligation, or if you are receiving alimony and need additional funds, our knowledgeable divorce lawyers are ready to help. We are here to guide you through the process and fight to protect your family, your interests, and your well-being. Our Las Vegas alimony attorneys will speak with you directly regarding a consultation. Call 702-222-4021 to speak directly with one of them about your alimony or other divorce law concerns.

COVID-19 and Your Las Vegas Divorce Case

Posted on August 10, 2020 | by The Abrams Law Firm LLC

If you are in the middle of a divorce case, or if you were gearing up to file for divorce, the COVID-19 coronavirus pandemic has likely affected your plans. In Las Vegas, divorce cases are still proceeding through the family courts, but there are important changes to take note of. Read on to learn about some of the principal ways in which COVID-19 is likely to affect your divorce proceeding.

Some Court Delays and Remote Participation

One of the primary effects of the pandemic has been the closure of businesses in order to fight the spread. Except for trials, Clark County family courts are generally closed for in-person proceedings, and some hearings and deadlines (motion filing, discovery, etc.) have extensions. And even many divorce trials have been pushed back on the court’s calendar. The family courts are using remote access through BlueJeans videoconferencing software for nonessential matters such as standard court hearings. The family court judge in your divorce matter has likely issued orders concerning the scheduling of future events in your case. So your Las Vegas divorce attorney will communicate to you on how your case will proceed. Our office will also assist you with BlueJeans so you can participate in all court hearings as necessary.

Outside of the courtroom, you can still communicate with your divorce attorney remotely via video conferencing tools such as Zoom or FaceTime. Likewise, mediation, arbitration, and settlement negotiations can also be held remotely. Discuss the matter with your divorce lawyer to explore how best to keep your case moving in light of the changing environment.

Changed Economics

We discuss the economics of divorce during the COVID-19 pandemic more fully in another post. Briefly, it is important to take stock of how the pandemic has affected the economic calculations involved in your divorce. If your divorce involves the distribution of assets such as business ownership, stocks, and real estate, the pandemic might affect your property’s value. Always discuss with your attorney whether an updated valuation is appropriate in light of the current circumstances.

Additionally, if you or your future ex-spouse has had a significant change in income or expenses due to the pandemic, such as job loss or furlough, business closures, medical expenses, this change may affect calculations of child support and alimony, both temporary and permanent. Income changes might also affect your division of property. For example, one party may have a different view on whether they can afford to buy out the house or keep up with a mortgage and property taxes.

Child Custody and Visitation

The pandemic has everyone on edge, rightfully so, about the spread of COVID-19. If one spouse has symptoms of the virus, or if they work in a high-risk job such as healthcare, the parties may choose to put into place a temporary child custody and visitation arrangement that best protects the health of the children. The arrangement could have an expiration date, with a permanent plan to take over once the danger has lessened. It’s important to get any form of child custody arrangement, even temporary ones, in writing and family court sanctioned.

Custody and visitation arrangements must also take into account travel restrictions. If you and your soon-to-be ex-spouse live far apart or in different states, a custody plan should limit the number of necessary trips. Even parents living close by may wish to limit the number of exchanges to avoid exposure. For example, instead of custody changing every weekend or every other week, the children could stay for two weeks or a month at a time in each location, especially if schools will be operating remotely. If you have any concerns, discuss your options with your divorce attorney and your co-parent.

Get Expert Counsel for Your Las Vegas Divorce

Our seasoned divorce lawyers in Las Vegas are ready to help you navigate all aspects of your divorce case, from complex asset evaluation and property division to alimony and child custody issues. They will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Who Moves Out During a Las Vegas Divorce?

Posted on August 4, 2020 | by The Abrams Law Firm LLC

One of the most contested issues in many divorces involves the distribution of real property, particularly the family home. Do you sell the house and split the proceeds? Does one spouse buy out the other? What if both spouses want to keep the house? Who should move out of the house while the Las Vegas divorce is ongoing? Can you force your spouse to move out? The following article discusses the answers to these vital questions.

The Most Important Factor

Living with your soon-to-be ex-spouse during a divorce proceeding is never a good idea. There are too many opportunities for conflict. Most significantly, the end result will be the same. If you and your spouse could resolve your conflicts, you wouldn’t be getting a divorce in the first place.

For these reasons, and many others, living together while your divorce is on-going is not an option you should consider. Divorce is an unpredictable and emotional situation, and many spouses cannot reasonably live together once the divorce process begins. Assuming someone is going to move out, who should it be?

Can I Force My Spouse Out?

You cannot unilaterally decide that you get to stay and your spouse must leave the marital home. You do not have the right to evict your spouse, even if you believe the house belongs to you. Even if you have the title and mortgage in your name, even if you were the sole income-earner, and even if you decided alone to purchase the home, you cannot simply decide that your spouse is no longer allowed to live there. Division of assets is a matter for the divorce proceeding to resolve, including who winds up with the house. Until the issue is finalized, it is technically still up in the air on who will get the residence. It surprises some people that having the title in your name is relevant, but it is not the only deciding factor.

If you believe the house is solely yours, the family court judge presiding over your Las Vegas divorce, might determine that the home is your sole and separate property and should belong to you. But until you get a court order to that effect, your spouse likely has an argument for at least a partial ownership interest in the house. And until you get a court order, you cannot unilaterally force your spouse to leave. Changing the locks while they are out is likely to get you in trouble and never looks good to a family court judge. If the house is community property, either the parties or the court will have to resolve ownership.

Before finally determining ownership, you may be able to petition the court to have your spouse move out while the divorce is pending. The court has the authority to issue temporary orders on a variety of matters connected to the divorce that will not have a permanent effect. The court will consider factors such as the presence of minor children and which party has custody while the divorce is pending. Las Vegas Family Courts prefer that the parties agree on these issues on their own, but many times this is not possible.

There is an additional situation under which you can get your spouse to leave: If your spouse is abusive or violent toward you or your children, or if they are threatening to be so, you can seek a protective order from the court. A protective order for you and your family can force an abusive spouse to move out.

Determining Who Moves Out

The best way to resolve the situation, is for you and your spouse, with your respective divorce lawyers’ advice, to agree on who moves out. It also helps to address other issues at the same time, such as a temporary custody and visitation arrangement, agreement on financial terms about housing expenses and support, etc. If an agreement cannot be reached, the family court judge handling your case will make a decision after a motion hearing. Regardless of how these situations are resolved, the judge issues a legally binding court order addressing all the temporary order issues for the duration of the divorce proceedings. Keep in mind that staying in the home might be a financial benefit that will come from one spouse’s share of the marital property division.

Trusted Las Vegas Divorce Lawyers

Talk to a family law attorney to discuss your living situation and determine the best approach for who stays and who leaves during your Las Vegas divorce. Our divorce lawyers have the dedication and institutional knowledge to guide you through all aspects of your divorce, from temporary spousal support, alimony and property division, and child custody issues. They are familiar with the most complex and sensitive of divorce issues. They can answer your questions to help you decide if a consultation is right for you. Call our office at 702-222-4021 to personally speak with one of them.

Las Vegas Divorce Mediation

Posted on July 25, 2020 | by The Abrams Law Firm LLC

Spouses going through divorce proceedings in Las Vegas are often surprised to learn how strongly the legal system encourages reaching an agreement outside of family court. Conducting a full trial and having the judge decide the matter is typically the last resort, costing the divorcing spouses involved more time, stress, and money. Therefore family judges presiding over Las Vegas divorce matters routinely encourage spouses to reach an agreement either by settlement negotiations through their respective Las Vegas divorce attorneys, or through mediation. In divorce matters involving child custody disputes, the family court actually requires the parents to enter mediation under Nevada State law.

How Does Divorce Mediation Work?

Typically, mediation is an optional alternative for divorcing spouses to resolve their disputes efficiently and cost-effectively. The parties can enter mediation before filing for divorce in an effort to resolve all issues and then file for divorce with a settlement agreement in place. Divorcing spouses can also choose to enter mediation after a divorce proceeding has begun.

In an ideal world, both parties, with the counsel of their Las Vegas divorce lawyers, would reach a complete agreement on all issues and the divorce matter would be settled. Divorce attorneys for both spouses would then incorporate the settlement terms into the final decree of divorce, resolving all issues. In fact, most divorce cases eventually resolve this way and only a small fraction of divorce cases go to trial. Mediation is another tool to encourage divorcing spouses to reach a settlement agreement.

Mediation is a form of informal, non-binding negotiations overseen by a neutral mediator. Divorcing couples often choose to go through mediation rather than a formal court process in order to avoid the time, money, and hassle of court proceedings. The mediator’s role is that of a settlement facilitator. They are not a judge and cannot make a legally binding determination on any issue.

Instead, the mediator is there to help the divorcing spouses find common ground and resolve disputes on any issues that require legal determination, including child support, child custody and visitation, alimony, and property division.

When is Mediation Required in Las Vegas?

Nevada law, however, requires mediation under certain circumstances. Parents proceeding in Clark County Family Court must undergo mediation at the Family Mediation Center (FMC) when they are unable to agree on child custody and/or visitation rights. The case cannot proceed if one or both parents refuse to participate in FMC child related mediation, and refusal to do so can subject a party to court penalties. There are exceptions to mandatory attendance, such as if one parent lives out of state, or if there are issues with abuse or domestic violence.

The mediation at FMC addresses child custody and visitation. The mediator will attempt to have the parents settle on a custody agreement and visitation schedule, based on what is in the best interests of the children. If successful, the mediator will draw up a full or partial parenting agreement based on what the parents can agree upon. It’s important to note that the parents attend FMC mediation without legal representation. Divorce lawyers are not part of this form of mediation. If some child related issues remain unresolved, the Las Vegas divorce attorneys for both parents will then find other avenues to resolve the dispute.

Help With Your Las Vegas Divorce Mediation

Our experienced divorce attorneys in Las Vegas offer two forms of mediation assistance. They represent clients at mediation sessions with an independent divorce mediator, or they act as mediator for both divorcing spouses. In either instance, they are ready to provide exceptional legal services for your divorce mediation. Our seasoned divorce attorneys will speak to you directly and assist you in setting up a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Legal Separation in Nevada

Posted on July 23, 2020 | by The Abrams Law Firm LLC

There are two primary reasons why some spouses initially choose legal separation over divorce. First, divorce is typically not the first option for you and your spouse to deal with your conflicting issues. Marital counseling, couples and individual therapy, and other reconciliation efforts while living apart may help you resolve your disputes without ending in divorce. Some spouses find that a trial separation can help them either resolve their differences or affirm their need for a divorce. Second, there may be religious considerations because some religions forbid divorce. In these cases, a legal separation may be the only option available to settle differences.

Legal separation in Nevada sets the legal boundaries of a marital separation without divorcing the spouses. In these cases the spouses live separately while trying to reconcile. The spouses also ask the Clark County family courts to confirm or decide on a separate maintenance agreement. In either event, a court order then governs the agreement.

What is Legal Separation?

In Nevada, legal separation is formally referred to as “separate maintenance.” While parties can informally separate and live apart while staying married, they shouldn’t because they will not have the power of a legal document to enforce agreements concerning marital finances, child custody, child support, alimony, and other issues. It’s not unusual for what is agreeable at first to change over time. One spouse may also not keep up their end of the agreement. Most importantly, there is no way to enforce a separation agreement of the spouses if it’s not in the form of a court order.

Separate maintenance is a legal alternative to divorce, offering many of the same legal benefits as divorce without actually dissolving the marriage. Separate maintenance specifically refers to a legal proceeding that is similar to divorce, but it does not dissolve the marriage. Spouses who seek to separate can go through a court process similar to divorce and receive a court order establishing rights and responsibilities of both parties concerning:

Marital finances
Distribution of property, including real estate and personal property
Alimony (spousal support)
Child custody and visitation
Child support

Nevada is a no-fault state for both divorce and separate maintenance. The legal justifications for separate maintenance are essentially the same as divorce – one spouse need only allege incompatibility of the spouses. Generally, a Las Vegas family court judge will only grant legal separation when both spouses desire that option. If one spouse files for legal separation and the other spouse files for divorce, the matter will likely be decided as a divorce case.

Benefits of Separation

Spouses who are interested in separation but are not yet ready to divorce can benefit from the legal securities offered by a court ordered separation agreement while still having some of the benefits of marriage. For example, separated couples can continue to:

Share health insurance and other benefits with each other
File taxes jointly
Benefit from survivor benefits under social security, workers’ comp, personal injury, or military benefits

In addition to retaining the legal benefits of remaining married, separated parties can avoid running afoul of religious taboos concerning divorce. Separation also allows parties the chance to reconcile rather than definitively deciding that divorce is necessary. Our divorce attorneys in Las Vegas offer consultations for those considering legal separation or divorce. It’s important to thoroughly understand the pros and cons and the details of each option.

Biggest Pitfalls of Legal Separation

The two biggest issues for those considering legal separation are the stress of the process and the legal costs for both spouses. A properly drafted separate maintenance agreement requires the same detail of terms and conditions as a negotiated divorce settlement. Knowledgeable divorce attorneys understand that the process of getting both spouses to agree is not always easy on the participants. The level of stress is a real consideration and going through the stressful process a second time at a later date is not advisable.

Divorce and legal separation court proceedings are two separate events. Even if the separate maintenance agreement is similar to a negotiated divorce settlement agreement, you must still go through the divorce process. In other words, the family court will not “automatically convert” a legal maintenance agreement into a decree of divorce. Therefore you will be paying more legal fees if you end up doing both. For this reason, you should carefully consider whether the possibility of reconciliation is real.

Dedicated Las Vegas Divorce Attorneys

Our seasoned divorce attorneys in Las Vegas are ready to help you with either your divorce or separate maintenance matter including complex asset evaluation, division of marital assets and debts, property division, alimony, spousal support, and child custody issues. Call our office at 702-460-8005 to personally speak with one of them. They will explain to you what we offer our clients. Then you can decide if a consultation is right for you.