Author: The Abrams Law Firm LLC

divorce attorneys Las Vegas

Nevada Child Support Laws

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divorce attorneys Las Vegas

Nevada child support laws require that parents provide for their children. For divorcing couples, this means that both parents should contribute in some form. The support can take the form of financial, housing, educational, medical, and child care, to name just a few.

The financial aspect of child support is based on the physical custody agreement. As with all divorce aspects involving minor children, the financial support agreement requires court approval. Child support payments terminate when a child reaches age 18, or 19 if the child is still attending high school.

Nevada law sets guidelines on how family courts should evaluate and determine financial child support amounts. Any divorce decree concerning minor children must comport with the Nevada statutes, even if the parties come to a different agreement in a divorce settlement.  Effective February 2020, the guidelines have changed, potentially allowing for higher financial support obligations than under the previous laws.

The New Guidelines

Under the previous child support guidelines in Nevada, child support payments were capped at a presumptive maximum of $1,165, per child per month, regardless of the paying party’s income. This was different from most other states which have no presumptive maximum amount.

For example, if a person makes $10 million a year in California, the guidelines there indicate a support obligation of over $50,000 per month, or over $600,000 per year.  In Nevada, the previous guidelines would have capped at the payor’s obligation to $1,165 per month or $13,980 per year. So previously the children of high income parents in Nevada were afforded substantially less financial support than in most other states. Caring divorce attorneys in Las Vegas welcome the new guidelines and the elimination of the financial support presumptive maximum caps.

Now, the $1,165 cap has been removed and replaced with a calculation that changes the child support obligation of the payor based on their gross monthly income. For one child, the guidelines provide for child support in the amount of 16 percent of the payor’s first $6,000 of their gross monthly income, eight percent of the next $4,000, and four percent of any income over $10,000. The percentages change if there is more than one child.

For example, a person who makes $15,000 a month which is $180,000 annually, could now pay up to $1,480 for one child, rather than the previous limit of $1,165. Here’s how the calculation in this example works:

  • 16% of $6,000: $960 and;
  • 8% of the next $4,000: $320 and;
  • 4% of the next $5,000: $200
  • Total: $1,480

The rules also allow a judge to impute income to a payor if they are unemployed or underemployed without good cause, i.e., if they should have a job at a certain income level, but they choose not to. Our divorce attorneys in Las Vegas also find that under-reporting income is easiest when the payor owns their own business.

Deviation from the Guidelines

The laws also recognize that the guidelines range will not be right in every situation.  A person may be less able to pay, despite their gross income, or a family’s need may require additional amounts.  Las Vegas divorce attorneys can have the court adjust the support obligation based on the needs of the family and the economic circumstances of the parties. This includes considerations such as special education needs, the payor’s ability to pay, the relative income of both households, transportation costs for visitation, and a host of other issues.

Modifications by a Change in Circumstances

The new child support rules apply to child support cases agreed to or by judge’s decision after February 1, 2020.  The current rules do not modify existing child support obligations prior to that date.  Regardless of the inception date, payment modifications require a “change in circumstances” that affects the financial situation of either the payor or payee. Typically this means an income change of one party that is +/- 20% from the original child support order. Most importantly, the new rules alone are not a consideration for change in circumstances.

Trusted Las Vegas Divorce Attorneys

Our seasoned divorce attorneys in Las Vegas are ready to help you navigate all aspects of your pending divorce, from child custody issues and alimony to complex asset evaluation and property division. 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.

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Nevada Community Property Laws

Posted on | by The Abrams Law Firm LLC

Las Vegas Divorce Lawyers

All divorce matters involve some form of division of spousal assets and debts. The manner in which the division occurs depends on the laws in the state with jurisdiction over the divorce case. Each state has their own individual laws, but the laws fall into two general categories: Community property or equitable distribution.

Nevada is one of only nine states that use community property laws. These laws govern property division in all Las Vegas divorce cases. The other eight states with community property laws are Arizona, California, Idaho, Louisiana, New Mexico, Texas, Washington, and Wisconsin. The other forty-one states (and Puerto Rico) base their marital asset and debt divisions on the legal concept of equitable distribution.

Nevada community property laws may seem simple at first. However, there are numerous factors that affect the status of a marital asset or debt. More importantly, even if an asset has community ownership, it does not mean that it is automatically subject to a fifty-fifty division between the divorcing spouses.

Community Property and Equitable Distribution

Community property states treat all assets and debts acquired during marriage, by default, as having joint spousal ownership. Whether only one, or both spouses, is responsible for the action is not material. If one spouse claims an asset as their sole and separate property, they are responsible to provide proof that it is so. The other spouse does not have to prove it’s not.

Equitable distribution states treat marital assets and debts differently than community property states. The legal concept of equitable distribution, in general, favors the spouse most responsible for the action. Apportioning each spouse’s equitable share can turn into a nightmare of legal wrangling. Unfortunately community property law is no less complex. The law just handles the complexities differently.

Community and Separate Property

In general, an asset acquired after the date of marriage is deemed to be the property of both spouses under Nevada community property laws. Examples of community property may include:

  • Income – This is often a surprise to a spouse who earns the lion’s share of the marital income. If there is no enforceable agreement to the contrary, every dollar either spouse earns during marriage is community property. Your spouse need not contribute at all and they still have a right to their community portion of all marital income.
  • Real Estate – The most common example of this is a marital home, regardless of who is on the title and/or mortgage. Many people confuse the policies of financial services companies with community property laws. The two are not the same. Just because one spouse is not on the title, it does not mean that they have no right to their marital portion.
  • Investments – If you or your spouse initiate or continue to support investments during marriage, the investments may be community property.
  • Commingled Assets – If either spouse supports an asset using community funds, it may be community property regardless of other factors such as ownership by one spouse prior to marriage.

Examples of separate property may include:

  • Any asset specifically listed in an enforceable pre-marital or post nuptial agreement. They key word here is “enforceable.” It is not uncommon for a family court judge to rule an agreement unenforceable for a variety of reasons. These may include whether both spouses had independent legal representation, each had adequate time before signing, the document contains proper wording, and a listing of all financial details, to name just a few.
  • Sole Inheritances – If one spouse receives an inheritance, that specifically bequeaths solely to them, and they keep the inheritance separate from all marital finances, it can be the sole and separate property of one spouse.
  • Social Security Benefits – Under federal law, social security benefits are always separate property. However, the amount of the benefits are routinely considered when dividing assets and debts during divorce.

Many believe that community property laws are straightforward. They interpret a community property state to mean that all marital property is divided fifty-fifty during divorce. The reality is that Nevada community property laws are fraught with legal gray areas. Factors such as prenuptial agreements, ownership prior to marriage, inheritances, and commingling of separate and community funds are examples which can affect the division of assets and debts during divorce.

Nevada Community Property Law Experts

Our Las Vegas divorce attorneys possess the knowledge and experience required to successfully navigate the intricacies of community and separate property.  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.

Las Vegas Contested Divorces

Posted on | by The Abrams Law Firm LLC

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Divorce is usually a unique experience in one’s life. Therefore, few participants understand the intricacies in contested divorce proceedings. But it’s important to acquire the right knowledge in order to get through the process with as little stress as possible.  This article discusses the key factors in Las Vegas contested divorces.

First, it’s critical to get the right divorce attorney in Las Vegas to represent you. While the following cannot replace the knowledge and experience of a qualified attorney, it will provide you with a base of information to build upon.

Each Divorce Case is Unique

Each divorce case involves two unique spouses and a different set of case facts. For this reason, it’s important to avoid the temptation to rely too heavily on advice from friends and relatives who have gone through a divorce. Their case circumstances might seem similar but can never be exactly the same as yours. This article addresses just one possible divorce case type: contested divorce matters involving substantial assets and minor children.

Contested Divorce Cases Take Time

One of the oldest strategies in a contested divorce is for one spouse to wear the other down by refusing to negotiate in good faith and/or constantly causing delays in the divorce proceedings. Their goal is to get you so tired of the divorce process that you accept an unfair settlement just to get the case over with. Divorce lawyers call this a “settlement by attrition”.

You need to prepare for the possibility that your spouse may employ this strategy. Do not let their tactics affect your decision on whether to accept a settlement proposal or not. Your divorce attorney will advise you on the pros and cons of any settlement proposal. It’s best to listen carefully to their counsel with a questioning ear. You should know why they think certain settlement proposal aspects are to your benefit and why they think others are not.

Divorce Case Legal Fees and Costs

No one benefits from a long drawn-out contested divorce because the total case costs deplete the assets that you are entitled to. Contested divorces always require more time and legal fees than uncontested divorces. The costs run even higher if both spouses can’t agree on a negotiated settlement. In these instances, a trial before a judge is necessary to achieve resolution. Properly preparing for, and going through a trial, is a time consuming and costly proposition.

Focusing on opportunities rather than past injustices reduces divorce costs. Avoid blaming your spouse and concentrate on your future. It’s important that you have confidence in your divorce lawyer. They have the experience to know whether it’s better to settle or go to trial.

Equitable Distribution Does Not Mean Equal Share

Nevada is a community property state. In simple terms, this means that all assets and debts during the marriage are the equal property of the community. And as such, subject to equitable distribution during divorce. However, there are numerous factors, such as a valid premarital agreement or assets and debts prior to marriage, which can affect community property.

Most importantly, many believe that equitable distribution means that both spouses will get an equal share of the marital property. But this is not true. Equitable distribution means that the distribution of the property will be fair. Fair is a relative term. What seems fair to one spouse may not seem fair to the other. Navigating this maze is best done with the strong counsel of your divorce attorney. They know from their experience what the courts are likely to decide if a settlement cannot be reached.

Parental Custodial Rights

Some believe that the court system favors the mother when deciding physical custody of the children. While this was the case many years ago, it is no longer a standard. In fact, barring extenuating circumstances, the family courts prefer both parents to be equally active in their children’s lives. The overriding factor is what’s in the best interest of the children.

Challenging the de facto standard of joint physical custody where both parents share equal time with their minor children is tricky business. While you may sincerely believe that you are the better parent, proving it to the level of getting sole physical custody is a different matter. Therefore, you need the help of a skilled divorce attorney to increase the chances that the court makes a judgment in your favor.

Las Vegas Contested Divorce Experts

It’s always best to consult with several divorce attorneys in Las Vegas before you decide on the best one to represent you. 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.

Divorce business valuators

Divorce and Business Valuators

Posted on | by The Abrams Law Firm LLC

Divorce business valuatorsMost business owners invest their savings and countless hours to make their business a success. And with almost half of new businesses failing within five years, there certainly are no guarantees. So when one or both divorcing spouses own a business, the process becomes complicated. Every business owner should know about divorce and business valuators.

Establishing the value of a business is a critical element for marital property division in a divorce. Typically only one spouse will own the business after the divorce concludes. Therefore, determining the value of the business in a divorce is an important factor because the other spouse must be compensated for their share of the marital asset.

Business Valuators

A business valuator is an independent professional that assess the value of a business. The business valuator compiles and analyzes the business’ financial and operating statements. These can include bank statements, inventory reports, tax returns, financial statements, and other documents. They may also conduct onsite interviews with senior staff members and key executives. Current market trends, the competitive environment, and earnings history are also valuation considerations.

Choosing the Proper Valuator

Valuing a business, whether for a divorce or not, is part art and part science. The professional opinions of reputable valuators may differ based on a variety of variables. So it’s preferable that the divorce attorneys for both spouses agree upon the selection of the business valuator. However, this is not always possible. But without such an agreement, one spouse may seek the assessment of a second business valuator. This doubles the valuator expense in divorce proceedings.

Business Valuator Accreditations

Business valuators have specific requirements in order to achieve licensing.  They must possess one or more advanced degrees and/or certifications. Each has their own set of requirements that valuators must adhere to. Advanced examinations, years of dedicated experience, and annual education commitments are necessary to achieve licensing and to keep an active status. The following is a partial list:

  • Certified Public Accountant (CPA)
  • Master in Business Administration (MBA)
  • Accredited Senior Appraiser (ASA) from the American Society of Appraisers (ASA)
  • Certified Valuation Analyst (CVA) from the National Association of Valuation Analysts (NACVA)
  • Certified Business Appraiser (CBA) from the Institute of Business Appraisers (IBA)
  • Accredited in Business Valuation (ABV) from the American Institute of CPAs (AICPA)

There are approximately 5,000 business valuators in the United States. However, not all accredited business valuators are certified as experts by the Clark County Family Courts. In order for their reports to be entered as evidence or for them to testify in divorce cases, business valuators need expert certification from the court.

Business valuators focus on the value of the business using several accounting methods. Understanding the limits of what a business valuator does is essential. It’s equally important to know what they don’t do. Business valuators prepare their reports using existing financial and market related data. Sometimes one spouse attempts to mask the value during divorce proceedings. But unless the business’ financials are obviously inaccurate, the valuator will not dispute the information provided to them. That’s the job of forensic accountants.

Intangible and Real Estate Assets

The business valuator also looks at intangible assets such as intellectual property rights, celebrity name value, patents, and trademarks – to name a few. Technology and entertainment businesses in particular have these types of intangible assets. Real estate properties also affect valuation. Appraisals are necessary to determine the current market value of commercial properties.

Professional Practice Valuations

Professional practices owned and operated by lawyers, dentists, real estate brokers, chiropractors, doctors, and other professionals are valued differently. These businesses require business valuators with specific professional practice valuation experience. Professional practices typically do not possess substantial physical assets, with the exception of real estate holdings or owned equipment. Therefore, a sizeable portion of the value is goodwill. In one sense, goodwill is based on the past performance of the business and the likelihood that the business will continue to generate income. Goodwill can also be the reputation of the business in the community it serves.

The goodwill value of a professional practice is often directly associated with the owner/ practitioner. This is particularly true when it comes to businesses run by a solo practitioner. In these practices, the owner’s labor is required in order for the business to generate income. The value of a professional practice, including goodwill, is like any other asset during the divorce process and thus part of the division of marital assets between you and your spouse.

Expert Divorce Attorneys

Our firm only retains accredited and court certified business valuation experts on your behalf. Our Las Vegas divorce attorneys possess the experience necessary to use the business valuation report in order to protect your interests. One of them will speak to you directly and assist you in setting up a consultation. Call our office at 702-222-4021 to see if what we offer is right for you.

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Las Vegas Alimony Awards

Posted on | by The Abrams Law Firm LLC

Las Vegas Divorce Attorneys

The financial dealings in a divorce case often include a consideration of whether alimony is appropriate. Long term marriages generally have more positive alimony related factors than short term marriages. Las Vegas alimony awards are a form of financial support provided to one former spouse by the other. Either divorcing spouse can make a request for alimony. Gender is not a factor in determining whether alimony is suitable; both husbands and wives can pay or receive alimony.

Alimony awards may be appropriate, but are not mandatory, in Las Vegas divorce cases. There are no specific statutes in Nevada law which defines exact alimony amounts or if alimony is even suitable in a specific divorce case. Instead, alimony awards are based on the abstract concept of what is “just and equitable”. This imprecise definition leaves a great deal of latitude when it comes to determining alimony amounts and payment terms.

Alimony Payments

Alimony awards often entail regular payments for a specified length of time. However, in some cases, a lump sum payment covers the alimony issue. In rare cases, an ex-spouse may receive life-long alimony payments. These cases are typically based on “long-term” marriages. But just like the other alimony factors, Nevada law does not specify the number of years for a marriage to be long-term.

Alimony awards can be either non-modifiable or modifiable. When an alimony award is modifiable, a “change in circumstances” can cause the amounts or terms to be modified. A variety of conditions can trigger a change in circumstance. The most common examples are: The former spouse receiving the payments remarries, or; the former spouse making the payments becomes unemployed or disabled.

Tax Implications

Due to new IRS tax regulations, the former spouse receiving the alimony payments does not claim the payments as taxable income. The former spouse making the payments also does not report the payments as tax deductible. As with all tax related matters, you should consult with a qualified tax professional to understand your specific tax status.

Prenuptial Agreements

Prenuptial agreements that expressly address alimony can affect alimony awards and payment amounts. The validity of the prenuptial agreement is critical. Prenuptial agreements must meet certain criteria to be valid and enforceable. In cases where a prenuptial agreement is invalid, the resolution of alimony issues, as well as community property items, become negotiable.

The Tonopah Formula

Nevada law does not include any specific alimony statutes. However, some family court judges use the Tonopah Formula when considering alimony issues. The Tonopah Formula considers a number of factors including, but not limited to:

  • The relative financial condition of each party after their divorce matter concludes.
  • The length of the marriage.
  • The spouses’ careers prior to marriage.
  • The relative ages, health, formal education, and earning incomes of the divorcing spouses.
  • Child support payment amounts, if any.

The amount and payment terms of alimony awards are determined by:

  • Successful negotiations between your divorce attorney and the attorney representing your spouse, or;
  • The judge will consider the evidence and render a decision regarding the alimony issue and payment terms of the award, if any.

Alimony Professionals for You

Issues related to alimony awards are different for each divorce case. There is no single mathematical formula for calculating alimony awards. Our Las Vegas alimony attorneys have extensive experience with each of the Clark County Family Court judges. Therefore, they know if, and what amounts of alimony awards, can be reasonably expected based on the specific circumstances in your case. 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.

Divorce Lawyers in Las Vegas: Las Vegas Divorce Myths

Las Vegas Divorce Myths

Posted on | by The Abrams Law Firm LLC

Divorce Lawyers in Las Vegas: Las Vegas Divorce Myths

Las Vegas is not only the entertainment capital of the world it’s also the marriage capital. Each year more couples get married in Las Vegas than anywhere else, particularly on Valentine’s Day. However, some people confuse the ease of getting married in Las Vegas with getting a divorce here. The two are not related except as recognizing their attributes as polar opposites of a marriage. The laws regarding each act are completely separate. In this article our Las Vegas divorce attorneys will dispel the three most common myths.

Anyone Can Get a Divorce in Las Vegas

Many people believe that anyone can get a divorce in Las Vegas. This is not true because of the requirements set forth in Nevada law and the laws in all other states. All divorce law in the United States is based on state residency. The state has jurisdiction of its resident’s legal affairs, which includes civil matters such as divorce cases. Since there are two parties in a marriage, it is possible that they reside in two separate states. Regardless, you or your spouse must be a resident of the state where your divorce case is filed.

In Nevada, state law requires that either spouse be a full-time resident, for at least six weeks, prior to filing for divorce. There are no exceptions. Still, this is the shortest residency requirement as compared to all other states. It’s also important to note that certain states have additional requirements other than residency. These laws vary from state to state. The only requirement to file for divorce in Nevada is residency.

You Can Get a “Drive-Through” Divorce

We’re not sure who’s idea it was or why anyone would do it, but Las Vegas does have a few establishments that will perform a marriage through a drive-through. This has led to confusion with the opposing act of getting a divorce.  All divorce cases, regardless of any other factors, require a proper filing with the Clark County Family Courts. And this is just the beginning of the process. Once a Complaint for Divorce is filed, the legal system process begins. Each case is unique and there are countless variations of what could possibly be required, but even the simplest uncontested divorce takes a few months to finalize.

I Was Married in Las Vegas So I Can Get a Divorce There

Las Vegas has many liberal social establishments that welcome over 30 million visitors annually. It’s a 24 hour city and a great place to get away and unwind. It’s also a great place to get married. Some visitors plan it out carefully, while others are more spontaneous. But either way, they end up married.

This has caused some to believe that because they were married in Las Vegas they can get a divorce here. While “What Happens Here, Stays Here” is a catchy marketing slogan, it’s not accurate as it pertains to a marriage certificate. Experienced divorce lawyers know – When you leave here, it leaves with you. As per above, if you need to file for divorce, it must be done in the state where you or your spouse reside.

Contact Our Divorce Lawyers in Las Vegas

If you or your spouse is a Nevada state resident and have a complicated divorce matter, we can help. Our divorce lawyers have decades of dedicated experience in divorce law. 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.

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What Are Hidden Assets in Divorce?

Posted on | by The Abrams Law Firm LLC

divorce attorneys in las vegasDivorcing spouses in Nevada have to disclose their financial condition to the court. This includes a full listing of all their assets. This procedure is meant to ensure that all marital assets are disclosed and therefore subject to division during their divorce case. However, there are instances where spouses try to hide assets through unfair means. Our divorce attorneys in Las Vegas provide valuable information about marital finances, including what we do to uncover the hidden assets for your benefit.

What Are Hidden Assets?

Hidden assets are valuable possessions and assets that one party intentionally conceals from another. Spouses do this to attempt to cheat their soon-to-be-ex out of a share of assets that are rightfully theirs. The best divorce attorneys well aware of this tactic. They always advise to investigate marital assets and finances thoroughly. There are times where hidden assets are uncovered and times where they are not. In any event, a thorough investigation into all marital finances puts your mind at ease.

Common examples of hidden assets include:

  • Unreported retirement accounts or under-reported tax returns
  • Overseas bank accounts and real estate properties
  • Undisclosed business assets purchased with marital funds
  • Hidden luxury items and valuable possessions
  • Secret funds transferred or withdrawn from a business to a shell company

The above list is not all inclusive. There are numerous other ways a dishonest spouse can conceal assets. Your best bet is to retain a high net worth divorce attorney familiar with such cases. They know how to thoroughly vet all marital finances and uncover hidden assets during divorce matters. Our experienced attorneys also add a clause in the decree of divorce that entitles you to receive a share of marital assets you might discover after your divorce case concludes.

Is Your Spouse Hiding Assets?

If you suspect hidden assets, retracing your marital and spouse’s financial activities is a practical way to start. If your inquiries uncover items that cause you concern, our attorneys will retain a forensic accountant to conduct a formal investigation. However, the whole process is highly complex and time-consuming. That’s why we advise our divorce clients to look for a probable cause for their suspicion. This is to minimize the chances that the forensic accountant isn’t searching for something that doesn’t exist.

Here are a few warning signs you should consider:

  • Has your spouse ever lied about their salary and/or other income?
  • Do you have access to all bank account details and passwords, including those for a spousal owned business?
  • Did your spouse ever withdraw a significant amount of money to pay off an alleged debt?
  • Have you noticed unusual transactions from your joint accounts?
  • Do they hide information on financial investments from you?
  • Are they frequently transferring funds to offshore bank accounts or other vehicles without your knowledge?
  • Do they make contradictory statements about financial matters?
  • Have you checked your safe deposit box to make sure that everything is there?

Our Divorce Attorneys in Las Vegas Can Help You

Recovering hidden assets is not a simple process. Our attorneys have a successful track record in locating hidden marital assets. As a result, your spouse’s misconduct doesn’t deprive you of what’s rightfully yours. Our Las Vegas divorce 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.

Las Vegas Divorce Attorneys

4 Costly Mistakes In a Las Vegas High Asset Divorce

Posted on | by The Abrams Law Firm LLC

Las Vegas Divorce Attorneys

High asset divorce cases are always complicated legal matters. The more financial assets there are to divide, the more complex the divorce process. This is particularly true in contested divorce matters where the you and your soon to be ex disagree on how the assets are to be split. Our Las Vegas divorce attorneys discuss 4 costly mistakes in a Las Vegas high asset divorce – and how to avoid them.

Don’t Skimp on Your Divorce Attorney

All the mistakes in this article will be avoided when you choose the best Las Vegas divorce attorney for your case. When you have a lot at risk, your divorce attorney should be an expert in all aspects of divorce law. Understandably, the uncertainty of your financial status during your divorce can cause stress. So it can be tempting, in a bid to minimize your case costs, to choose a cheap attorney. While this may be a reasonable strategy in a divorce with little at risk, it is a critical error in high asset divorce cases.

Expert divorce attorneys who routinely handle complex divorce cases are in high demand and worth the premiums they charge. It’s important to acknowledge that attorney’s fees are a one-time expense. Your divorce case results last a lifetime. Our divorce lawyers will always put your best interests first. Moreover, their depth of experience in complex divorce matters will ensure that you get the best possible financial results.

Always Get Professional Valuations

You should always get professional third-party appraisals for all substantial marital assets. The appraiser should consider both the present and possible future asset value when determining the worth of an asset. Taking the effort to properly value each asset ensures protection of your interests in a high asset divorce case.

The appraiser(s) should be certified as an expert by the Clark County Family Courts. This means that their valuations can be entered as evidence and they can testify in court if need be. Whether the appraisal concerns residential and/or commercial real estate, businesses, stock options, or private investments, the credibility of the appraiser is of paramount importance. Every appraiser retained by our attorneys on your behalf is a court certified expert. It’s also likely that the appraiser(s) have previously appeared before the family court judge in your case.

Carefully Consider the Tax Implications

Your divorce lawyer should always advise you on the possible tax implications of asset division, particularly when it comes to retirement accounts and pensions. Taking possible tax factors into account will ensure that you don’t get any surprises from Uncle Sam when your high asset divorce case concludes. You should also consider how your tax status will change after your divorce. You may find yourself in a different tax bracket especially when income generating real estate is involved.

Make Sure to Identify All Assets

There are high asset divorce cases where one party tries to hide certain marital assets. These instances require a forensic accountant. Forensic accountants specialize in uncovering hidden assets. Their work is tedious and time consuming. Like all divorce case experts, they should be certified by the family courts so there work can be used as evidence and they can testify in court proceedings. Examples of hidden assets can include:

  • Off-Shore bank accounts
  • Funds funneled from a business into vendor shell companies which your spouse controls
  • Business assets bought with marital funds
  • Undisclosed retirement accounts
  • Secret luxury item collections
  • Undisclosed foreign real estate

Contact Our Expert Las Vegas Divorce Attorneys

Securing your future is our highest priority. We make sure that you get your share of all the marital assets in your high asset divorce case. 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.

Las Vegas Divorce Attorneys

Take the High Road in a Las Vegas Divorce

Posted on | by The Abrams Law Firm LLC

Las Vegas Divorce Attorneys

Our Las Vegas divorce attorneys specialize in divorce law and have exclusively done so for two decades. So we understand that the divorce process isn’t easy for you. Divorces, by their nature, involve conflict. The process of dividing marital assets and developing a co-parenting plan is complex. Naturally emotions often run high. Because of this, your spouse may conduct themselves in an inappropriate manner. In short, no one is at their best during the divorce process.

However, you must understand that you cannot control how your spouse behaves. You couldn’t do it during your marriage and you can’t during the divorce process. So don’t stress over something that you have no control over.

It’s always best for you to take the high road. And again, we understand how difficult this can be. But keeping your emotions in check is a primary factor in getting through a divorce with as little stress as possible. Here’s how taking the high road will benefit you.

It’s Best for You and Your Future

Don’t interact directly with your spouse on divorce related conflicts. Leave the disagreements to qualified attorneys to resolve. Knowledgeable divorce attorneys have years of experience in dealing with unreasonable spouses and the divorce lawyers who represent them. Let your lawyer absorb the stress and fight your battles for you. Minimizing direct conflicts with your spouse will help you cope during the divorce process and for many years in the future. This is particularly true if you and your spouse have minor children in common.

It’s Best for Your Children

During and after your divorce, your children should be a priority. Your children are going through the divorce process as well. They need your attention and support during this time. So take the high road for the benefit of your children and minimize their exposure to the disagreements you have with their other parent.

It’s usually preferable for you and your ex to agree upon a co-parenting plan. But this is not always possible. Sometimes there are valid reasons why one parent should have primary custody. As with all other divorce issues, contested child custody matters should be resolved through your attorney.

If a parenting plan is in place and your ex isn’t adhering to it, make sure to always be a role model for your children. Don’t bad mouth their other parent in their presence. Rather, immediately contact your divorce attorney and seek the wisdom of their counsel. Sometimes child custody issues can be resolved by better communication devices or a small adjustment in your parenting plan. Other times court intervention may be necessary in order to formally modify your existing child custody arrangement. In either event, it’s better for your children not to see or be involved in the conflicts with your ex.

Contact Our Las Vegas Divorce Attorneys

Our divorce attorneys are exclusively dedicated to divorce and related matters. Their expertise in contested divorce and child custody matters can be a distinct advantage for you. 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.

Las Vegas Divorce Guide for Business Owners

Las Vegas Divorce Guide for Business Owners

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Las Vegas Divorce Guide for Business OwnersGetting a divorce is a difficult situation for both spouses. It’s more so if the divorce involves a small business. Business owners going through divorce inherently have a complex divorce matter. Therefore, we’ve created this Las Vegas Divorce Guide for Business Owners. Your business may be the largest marital asset. One or both spouses likely worked long and hard to build it. Now it’s time for a new phase and the challenges that go with it. This guide is not a substitute for, nor is it meant to be, direct legal advice. Rather our Las Vegas divorce attorneys offer the guide as an overview of the important issues that any business owner needs to consider during divorce proceedings.

In this article we discuss:

 

  • Business Ownership
  • Prenuptial and Postnuptial Agreements
  • Buy/Sell Agreements
  • Outside Investors
  • Commingling Business and Community Funds
  • Establishing the Business Value
  • Business Valuators
  • Business Goodwill
  • Professional Practice Businesses
  • High Growth Businesses
  • Who Gets the Business?
  • Spousal Buyouts
  • Maintaining Profits During Divorce
  • Your Role in Divorce Proceedings

Business Ownership

Often times both spouses have, or claim to have, some form of business ownership. In divorce cases, there are several factors that can affect business ownership. These include prenuptial agreements, postnuptial agreements, outside investors, buy/sell agreements, and commingling of community and business funds, to name a few.

One or both spouses may own the business in its entirety. It’s also possible that outside investors have an ownership stake. Nevada community property laws are a significant part of marital business ownership. These statutes are complicated and there are a lot of “gray areas.” So only divorce attorneys with considerable experience in the finer points of financially sophisticated divorce cases should be representing you. Buyer beware. An inexpensive divorce attorney may seem like a business bargain at first. That is until you realize that you’re at a serious disadvantage and have to change attorneys in the middle of your case.

Prenuptial and Postnuptial Agreements

A prenuptial or postnuptial agreement can affect business ownership rights. These agreements must be valid in order to be enforceable. Again, the validity and therefore enforceability of these agreements is complicated. Just because the agreement was signed doesn’t mean it was drafted and/or executed properly. These agreements are “thrown-out” of divorce cases all the time. Most importantly, if an agreement is ruled unenforceable by the family courts, Nevada community property statutes prevail.

Buy/Sell Agreements

A Buy/Sell agreement is similar in nature to other marital agreements, however Buy/Sell agreements typically only govern the business specifically. A Buy/Sell agreement is often used when there are partners and/or other investors in the business. These agreements should always define the terms and conditions if the spouses divorce. Once again, any agreement can be contested in court. If the Buy/Sell agreement is deemed to be unenforceable, the terms of the agreement can be disqualified and Nevada community property statutes apply.

Outside Investors

Funds from outside investors also affect the business ownership percentages of the divorcing spouses. These investors are often family members of one divorcing spouse, or friends of one or both spouses. This situation adds an additional financial, and sometimes emotional, dynamic to the divorce matter. Divorcing spouses make outside investors wary because the outcome is unknown. Investors dislike uncertainty.

Commingling Business and Community Funds

Barring an enforceable marital agreement, funds earned prior to marriage can be viewed differently than funds earned after the date of marriage. Often the funds used to start or build the business were a combination of both. Determining the origination of funds is also a complicated process. Our attorneys are familiar with these situations. They often employ a forensic accountant to determine the premarital and post marital sources of business funding.

Establishing the Business’ Value

Most business owners reading this guide own a private company. So the stock of the business isn’t publicly traded and therefore the business’ value needs to be established. In these cases, hiring a business valuator to produce a business valuation report is necessary. The report will state, among other things, an opinion of business’ value according to several methods. These can include: cash, book, investment, fair market, and future earnings values. Additionally, the goodwill value of a professional practice can be a complex business value issue.

Business Valuators

The professionals that investigate the business and present their value findings in a report are called business valuators. It’s important that your attorney is well versed in both the business valuation process as well as the individual business valuator. There are various levels and some valuators are more suited to certain industries and/or business models than others.

Business valuation reports come in numerous formats. Each report is a custom project that details the value of a unique business entity in several ways. In addition to opinions of value, the report typically includes general geographic / demographic data about the business’ locale. It also includes specific information about industry health and trends, and numerous financial and other details regarding the business.

Business Goodwill

The business valuation process is not an exact science. This is particularly true when valuing the goodwill of a business. Goodwill, in a very general sense, is the value the business carries as an on-going concern. In addition to goodwill, knowledgeable divorce attorneys are aware that business valuations are also complex when dealing with intangible assets. Examples of intangible assets are: patents, copyrights, trademarks, brand recognition, customer lists, special licenses, and trade secrets.

Professional Practice Businesses

The value attached to a professional practice business also comes with its own set of complexities. Typically a business that requires a special license, in addition to the standard business license, is considered a professional practice. These include medical offices, law firms, architectural companies, CPA firms, real estate brokerages, etc. Absent real estate holdings or owned equipment, the value of a professional practice is often heavily dependent on the intangible asset of goodwill.

High Growth Businesses

Future earnings are typically a significant factor when determining the value of a high growth business. Businesses that are experiencing rapid income growth are difficult to value comparatively. If you and/or your spouse have a business that is experiencing a substantial growth in income, the previous and current earnings may be irrelevant to future earnings. Valuing a business that is experiencing a significant income upswing requires careful examination of the internal and external factors causing the growth.

Who Gets the Business?

Divorcing spouses must decide whether to sell the business to a third-party or to have one spouse buy out the other. If one spouse wants to keep the business and the other does not, or if only one spouse holds a special license needed to own and operate the business, this decision is easy. The only aspect left is establishing a value and the terms of the spousal buyout.

But what happens when both spouses would like to keep the business. This can cause an impasse in the divorce settlement negotiations. One way to resolve this is to hold an auction for the buyout amount between both spouses. At some point one spouse will be willing to pay more than the other for the business.

Spousal Buyouts

There are no set rules when it comes to structuring a divorce settlement including the buyout of a business. It’s whatever both spouses agree to. One of the most common approaches is to work out a trade-off of one asset for another. For example, let’s say that the business has an agreed upon value of $900K and you and your spouse are equal partners. You want to keep the business and your spouse agrees to a buyout amount of $450K. Here’s the problem – you don’t have the $450K in cash.

But you do have 50% of the equity in the house and your share is worth $400K. Trading off your share of equity in the house lowers your cash requirements down to $50K. You can continue these trade-offs with other marital assets as long as your spouse agrees to the terms. If you still have a liability remaining after these asset trades, a term note with a nominal interest rate often solves this problem.

A note of caution: You should make sure that the payment terms will not negatively impact the business’s cash flow. The same goes for your desired standard of living after your divorce concludes. Making smaller payments over a longer time period is always a better choice.

Maintaining Profits During Divorce

Many business owners facing divorce have valid concerns that the business may suffer during the divorce proceedings. Even the most agreeable divorce cases can take the focus off of growing and/or running the business. If the divorce is less than amicable, as many are, the business operations can take a serious hit until the divorce matter concludes.

So what do smart business owners do in these situations? They remain smart. They throttle down their emotions in order to minimize the impact on the business. It’s usually not realistic to think that there will be a completely smooth transition. But making a concerted effort to keep your cool will pay big dividends. Smart business owners also seek the advice of experienced legal counsel. Your rights and business are best protected by hiring a divorce attorney who has handled many similar divorce cases before.

Your Role as a Business Owner in Divorce Proceedings

Business owners in divorce proceedings should prepare themselves for a totally different role than the one they occupy when running their business. This cannot be understated. After years of running your own business you may be accustomed to people doing as you tell them. In your divorce case…not so much. All the inherent power of authority and control that you enjoy as a business owner have no bearing in divorce matters. The laws of the State of Nevada and the family courts are the “business owners” in divorce proceedings. What they say goes. Family court judges take a dim view of anyone who thinks and acts otherwise. Experienced attorneys are skilled at handling these situations. They understand that preparing you for the divorce process and providing guidance throughout your case is critical.

We hope you’ve found this information from our Las Vegas divorce attorneys valuable. They will also be glad to 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.

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Protect Your Privacy in Divorce

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Protect your privacy in Las Vegas divorce

Las Vegas divorce proceedings are a rare event to most people. Therefore, the participants don’t realize that all divorce information is a matter of public record. That is unless your divorce attorney knows how to protect your privacy in divorce cases.

Public record means that anyone can attend your divorce court hearings. They can also see a summary of divorce case filings online. What’s even worse, they may get copies of your divorce case file by just by asking the court clerk for it. This file has all your personal divorce information. This includes the names of your children, child custody plans, and personal finances. If you or your spouse owns a business, confidential business information may also be in the file.

Divorce Privacy – It’s Not Just for Celebrities

Sealing a divorce case is almost always done by celebrities. But you don’t have to be a celebrity to want to keep your personal information private. Therefore, everyone who wants to deserves to keep their private life away from prying eyes.

How to Protect Your Privacy in Divorce

Our divorce lawyers know how important privacy can be to some people. One way we can protect you is to seal the divorce case from public view. The process of sealing a divorce case requires the proper court filings and court approval. Once the family court judge signs the Order to Seal your privacy is protected. Only the divorce attorneys of record for both spouses can see the court filings. No one else has access to the file. That means that family members, friends, neighbors, co-workers, and employers can never see your private dealings.

Ask to Seal Your Divorce Case

Not everyone going through a divorce in Las Vegas cares if their case is private. So it’s always best to ask your attorney to seal your case if it’s important to you.  Please contact our office at 702-222-4021 if you’d like to discuss protecting your privacy during divorce proceedings.

Can I Change Divorce Attorneys

Can I Change Divorce Attorneys?

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Divorce Attorney Las VegasPicking a divorce attorney is a rare life occurrence. Therefore, you may not have initially chosen one of the best Las Vegas divorce attorneys for your case. So if you’re wondering if you can change your attorney in a divorce case, the direct answer is yes. However, in some instances changing is your best option. In others, it is not. It’s up to you to decide what’s best for your unique circumstances.

Match What’s at Stake to Your Divorce Attorney

Different attorneys handle different types of divorce cases. The old adage “you get what you pay for” applies here. Unfortunately it doesn’t always, but attorneys who themselves believe that their skills only warrant low fees are usually right. Exchanging one low cost divorce attorney with another may not do much for improving your dissatisfaction. It’s important to understand that there are numerous divorce lawyers in Las Vegas and each has their own level of case complexity competence and billing rates.

Participate in Your Case

If your lawyer has requested documents, for which you have access to, and you haven’t provided them, changing to a new attorney is not the solution. And as uncomfortable as it may be to admit, if your social and/or personal behavior has negatively impacted your case, a new attorney cannot go back in time and change that. You must actively participate in your divorce case.

Communication is Key

It’s up to you to raise your concerns in a clear and calm manner. Often times it’s better to do this in writing, with emails being the most popular format. It’s important to understand that going through a divorce is a unique experience for you. Make sure that you fully understand what your attorney is doing, or failed to do, and why.

Reasons to Change

  • Your divorce attorney will not return your calls quickly, or at all. You should never tolerate this. Communications between you and your divorce attorney, and their support staff, is critical in divorce matters. Changing attorneys is best if you can’t communicate regularly.
  • Your attorney misses filing deadlines. Family court judges do not like it when your attorney flaunts the Nevada Civil Procedures.
  • The filings in your case contain the wrong information. This regrettably happens too often. Some divorce attorneys use “templates” for their court filings. These templates may be copied and/or edited improperly. The best divorce attorneys insist that you read and approve every court filing.
  • Your divorce attorney asks the court for extensions. There are legitimate reasons why an extension may be necessary in your case. However, if it’s a repeat occurrence, your attorney’s office probably has weak internal controls for case management. They also may have more clients than they can competently handle at one time. This is more common with attorneys that charge discounted or flat fees.
  • You both cannot agree on a case strategy. Before changing, ask yourself: Is my lawyer looking out for my best interests — now and for my future? Your best short-term and long-term interests may not be readily apparent to you. Therefore, always ask your attorney how their strategy fits in with what’s best for you.
  • Your attorney’s fee structure was not in writing and/or changes as your case progresses. It’s vital to get a retainer agreement in writing. Read it carefully. Beware of any lawyers that do not provide one. An attorney that promises you certain results is also a big red flag.

Changing Las Vegas Divorce Attorneys

If you determine that it’s in your best interest to change attorneys, you should observe the following:

  • Interview more than one attorney whose skill set and billing fees are in-line with what you have stake in your case.
  • Don’t fire your current attorney until you have a new one unless absolutely necessary. Maintaining a civil relationship with the lawyer you are replacing will make the change go more smoothly.
  • Be certain of your new choice. The family courts frown upon repeatedly changing counsel because it takes a new attorney time to get “up to speed” on a case.

If you are thinking about a changing divorce attorneys, we may be the right choice for you. Our Las Vegas divorce 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.

What Are Marriage Annulments?

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Las Vegas Marriage AnnulmentsA marriage annulment is a way to legally cancel a marriage. A court granted marriage annulment voids the marriage. It’s as if the marriage never occurred and the parties where never legally married. Our lawyers understand all aspects of marriage annulments. Unlike divorce, a marriage annulment does not have to be based on residency. Instead it’s according to the marriage license and possibly the ceremony location.

You also need grounds for annulment whereas Nevada is a no fault state for divorce. Grounds mean that you can prove one or more valid reasons for the marriage annulment. No Fault means that the only reason you need for a divorce is that one spouse wants it. Grounds are not necessary.

What are Grounds for Annulment?

Numerous legal reasons annul a marriage. Our divorce attorneys can tell you whether or not you have grounds to annul your marriage. Or whether divorce is a better option for your circumstances. In general, the following reasons can annul a marriage. These are only examples and not a complete list of every circumstance that annuls a marriage.

  • Incapacity or Intoxication – This is one of the most popular grounds for marriage annulment. Many Las Vegas visitors enjoy the party atmosphere and end up marrying while one or both were under the influence of alcohol or drugs.
  • Fraud or Misrepresentation – As long as the spouses did not live together once discovering the fraud or misrepresentation. For example, if one person marries solely for United States citizenship status.
  • Marriage by Force, Under Threat, or Duress – If one party coerces the other into marriage.
    Mental Illnesses or Insanity – Marry a mentally incompetent person can void the marriage.
  • Existing Pregnancies from Other Partners – If the new husband is unaware that his wife was already pregnant by another man.
  • Pregnancy Falsely Claimed- If the wife claims to be pregnant but in reality was not.
  • Bigamy- One of the spouses was still legally married to someone else.

What are Marriage Annulment Types?

There are three types of marriage annulments in Nevada: Contested Annulment, Uncontested Annulment, or By Publication Annulment. Each type has its own set of circumstances and legal proceedings.

  • Contested Annulment – One party must go to court and prove grounds to a family court judge.
  • Uncontested Annulment – When both parties agree to annul the marriage. It is important to understand that one party must admit that the grounds to annul the marriage are true.
  • By Publication Annulment – An annulment by publication is an option if one spouse cannot locate the other. There are numerous steps to take in locating your spouse before a judge will grant an annulment by publication.

How Do You Separate Social Media After Divorce?

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Social Media Las Vegas DivorceSocial media is an important part of most people’s lives. The way we connect with our friends and families and share memories are all online. Sharing social media accounts and passwords with your spouse is natural. However, separating your social media lives is part of the divorce process. Many divorcing spouses have years of photos and posts online. While social media and other digital platforms provide a convenient way to share, the one aspect that it does not do well is delete.

Make Sure Your Divorce Attorney Agrees

Joint social media accounts may be community property. There are too many factors to go into detail in this article but our divorce attorneys know it’s important to consider how these accounts are handled during and after your divorce. You should not make any drastic moves without consulting with your divorce attorney first.

Limited Social Media Deletes

Once information is available online, it’s hard to remove all of it. And the longer the data has been online, the more likely it is to be on other platforms. In many instances, it’s wide-spread across websites that you aren’t even aware of.

The first step in separating your social media is to accept that you probably won’t be able to remove everything. So begin by removing what you can. You can also contact the little known websites that somehow have your information and ask them to remove it. However, the people who run these websites have no interest in deleting anything. Additionally, many are located internationally. This limits your legal process options. It’s also likely financially unwise. So, do the best you can but don’t obsess over it.

Protecting Your Privacy

Separating social media usually involves blocking access to accounts, blocking access to data, and separating accounts completely. These steps can help:

  • Change passwords to private accounts
  • Delete shared social media accounts and create new private ones
  • Backup, reformat, and re-install your electronic devices

When your online accounts go from “we” to “me”, you’ll want to start limiting access by changing the password. From health insurance to email to Facebook and other social media accounts, privacy becomes paramount during and after a divorce. It’s not a matter of being selfish or inconsiderate. Your life after marriage is a fresh start and you have every right to decide who can see it and who can’t.

You also want to be sure that there are no hidden files or “back doors” on the electronic devices you retain during and after your divorce. The best way to do this is to backup, reformat, and then reinstall the apps, programs, and verified clean data on each device. This can be complicated. So hiring a technology expert that has experience in these processes is a good idea. You can then have comfort in knowing that your new private social media life is just that – private.

 

How Do I Protect My Rights and Assets During Divorce?

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How do I protect my rights and assets during divorceYour divorce attorney protects your rights and assets during divorce. If you have chosen a skilled and dedicated divorce lawyer, they will protect you. Listening to their advice and the reasons behind their strategy is paramount to achieving the best results. The best Las Vegas divorce attorneys know how to limit emotions in a divorce case. Going through a divorce is a unique experience for you. Attorneys dedicated to the practice of divorce law do it day-in and day-out. They have honed their skills over hundreds of divorce matters and likely know the tendencies of the opposing counsel and the family court judge assigned to your case. There is no substitute for their legal expertise and wealth of experience.

The top divorce lawyers always have their client’s best interest in mind. They do not have the emotional attachments you have. So, they know that it’s important to “pick your battles” wisely. They also know that, as time passes and things between you and your ex hopefully cool down, you’ll look back and appreciate the wisdom they used even more so.

Disagreeing with Your Divorce Attorney

If you disagree with how your divorce attorney is protecting your rights and assets – speak up. If there was ever a situation where open communication is important, this is it. No Las Vegas divorce attorney is a mind reader. While there are divorce lawyers whose egos exceed their expertise, the top Las Vegas divorce attorneys welcome input from their divorce clients. They want your active involvement. This is one way that you can protect yourself.

Regardless, you should always have the final decision in your divorce case. If you and your divorce attorney cannot agree – it’s time to get a new attorney. The same goes for divorce attorneys and their staff that do not promptly communicate with you. This is inexcusable, though sadly common.

Protecting Your Rights and Assets

If you have a short-term marriage, few assets and debts, and no children – most average divorce attorneys will do. However, if you have considerable at risk, you can lose your divorce case by hiring the wrong divorce attorney to represent you. Therefore, you should be prepared to pay legal fees that are directly proportional to what you have at risk.

The Divorce Attorney You Select

Divorce is an infrequent occurrence. So you understandably have little experience in the process. In general, when human beings are inexperienced in a process they often go with the least expensive option. This can be a critical mistake because there are a wide range of abilities – from incompetent to outstanding – among the attorneys who handle divorce cases in Las Vegas.

Divorce attorneys are similar to other professionals – doctors, dentists, CPAs, Financial Advisors, etc. None have the exact same level of expertise but rather they operate in a certain range. And like all professionals, some are better for certain circumstances than others. You should always consult with more than one divorce attorney in Las Vegas. Then go with your gut, stay involved in your case, and expect frequent and intelligent communications with your divorce lawyer.

When is an Attorney the Wrong Choice?

The answer is when you have a lot at stake and hire an discount divorce attorney. There is no one who is a better judge of the abilities of a divorce attorney than the attorney themselves. Those attorneys that charge cheap rates know themselves that they’re not worth more. And they’re almost always right!

Lowering the Cost of Divorce

If you and your spouse keep your emotions in check and conduct yourselves in a civil manner, your divorce will cost far less than if you both don’t. We understand that you cannot control your spouse. In addition, we cannot control their divorce attorney. Nonetheless, we never lose our focus on protecting you. Below are some issues that will increase the costs and time frame for a contested divorce case:

  • One or both parties are hell-bent for revenge
  • One party’s strategy is to drag the case on and “starve” the other party into accepting an unfair settlement
  • The case requires one or more property and/or business valuations
  • One party may have hidden assets
  • The division of assets and debts requires hiring a tax attorney
  • A Child custody dispute requires hiring child custody experts
  • Accurate financial information requires hiring a forensic accountant and/or technology expert
  • International assets requires retaining legal counsel in other countries.

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.

What is Spousal Support and Alimony?

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Spousal Support and Alimony in Nevada Spousal support and alimony are important factors in divorce cases. This is due to both parties having financial needs. Financial support takes two forms: temporary spousal support and alimony. Temporary spousal support occurs during the divorce proceedings. The payments stop when the divorce is over. Alimony payments, if any, are payments from one ex-spouse to the other after the divorce concludes.

In Nevada there are no laws or strict formulas for either support form. This means the family court judge has a wide range of options.

Temporary Spousal Support

Temporary spousal support considerations occur during the early stages of the divorce case. It can be agreed upon by the divorce lawyers representing both parties, or decided by a family court judge. Temporary spousal support ensures that both parties know what the financials will be during the divorce matter. Like its name implies, temporary spousal support only occurs during the divorce proceedings. It stops at the commencement of the divorce case.

Alimony

Alimony payments occur, if at all, when the divorce case concludes. If the parties cannot agree, the family court judge has a wide range of options when it comes to awarding alimony or not. However, alimony can be awarded in long-term marriages wherein one spouse has financially supported the other for most or all of the marriage.

Financial Disclosure Form

During all divorce cases, both parties disclose their financial conditions on a Financial Disclosure Form (FDF). There are two different FDFs in Nevada divorce cases: General and Detailed. The parties use the detailed form when:

  • Either party’s individual gross income, or the combined gross income of the parties is more than $250,000 per year; or
  • Either party is self-employed or the owner, partner, managing or majority shareholder / member of a business; or
  • The combined gross value of the assets owned by either party individually, or in combination, is more than $1,000,000.

The parties use the general form if the above factors do not apply. Las Vegas divorce attorney Jennifer V. Abrams played a leading role in re-writing the FDFs used in every Nevada divorce case. She has been honored by The Supreme Court of Nevada for her efforts. As such, we provide a free download of both FDFs for those in need of itemizing their Las Vegas divorce finances.

Factors for Spousal Support and Alimony

The Nevada family court judges assess a variety of issues when considering whether or not to make an alimony award. These issues include:

  • The length of the marriage
  • The relative incomes of both parties
  • The future earnings potential of the parties
  • The ages of the parties
  • The educational levels of the parties
  • The amount, if any, that one spouse contributed to the other’s career
  • The financial condition of each spouse after divorce

Our Las Vegas divorce attorneys know the history of alimony award decisions for the Clark County family court judges. This knowledge is critical when evaluating your alimony situation. It’s also important in deciding if a peremptory challenge is warranted.

These Financial Issues Are Complex

There are countless factors when it comes to these important financial considerations. It is not possible to address every possibility here. Our Las Vegas alimony attorneys have decades of experience representing both husbands and wives in temporary spousal support and alimony.We serve clients in Summerlin, Las Vegas, North Las Vegas, Henderson, and Boulder City. Out-of-state and international clients whose spouse or ex-spouse resides in Clark County Nevada are also welcome. Please call our office at 702-222-4021 if you need a skilled divorce attorney with the right know-how for significant financial matters.

What Are the Child Custody Types in Las Vegas?

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Child Custody Las VegasChild custody types are some of the most delicate issues in a Las Vegas divorce proceeding. If you have questions about where your children will live if you get divorced, our Las Vegas child custody attorneys are available to guide you. Las Vegas family courts encourage joint-custody situations. But sometimes primary or sole custody rulings are in the best interests of your minor children. The type of custody arrangement can have a direct effect on child support.

Child Custody in Divorce Proceedings

You may come across a lot of different words describing child custody types. It’s important to recognize what these terms mean and how they affect your child custody rights. You’ll want to know what to fight for during your divorce. You also don’t want to be agreeing to a custody order and later realizing you’re in a situation that doesn’t work for you or your children. The child custody types in Nevada divorces include:

  • Physical Custody
  • Legal Custody
  • Primary Physical Custody
  • Joint Physical Custody
  • Joint Legal Custody
  • Sole Legal and Physical Custody

Physical Custody

In the broadest sense, physical custody means who the children will live with and for what period of time. It often includes provisions for vacations, holidays, birthdays, school events, and extra-curricular activities.

Legal Custody

Legal custody means who will have the right to determine issues involving religion, schooling, and medical treatments. It’s rare for one parent to have sole legal custody.

Primary Physical Custody

Primary physical custody means that the children spend more time with one parent. So if children spend the majority of their time living with one parent, that parent has primary physical custody. Your children will live with you the majority of the time if you have primary physical custody. You are the primary custodian while your ex is the noncustodial parent. The noncustodial parent typically has visitation rights according to a formal written parenting plan.

The family courts consider numerous factors when awarding the primary physical custody type. It’s essential to make sure you have professional legal advice when attempting to establish parenting time or access to your children. Some considerations are:

  • Have you been the primary caretaker for your children?
  • Does either parent have a history of mental health problems?
  • Is there a history of substance abuse or a criminal record?
  • Does each parent have a schedule supporting adequate parenting time?
  • Have both parents been involved in the children’s lives?
  • How far apart do the parents live post-divorce?
  • What will the living situation be like with each parent?

Joint Physical Custody

Joint physical custody is the preferred physical custody type by the family courts. It means that both parents share relatively equal time with their minor children. The children live with both parents according to a set schedule that roughly equates to a 50/50 time split. Even though this is a significant change from being a full-time caregiver, joint physical custody is typically better for your children because they get to keep a relationship with both parents.

Joint Legal Custody

Joint legal custody means that both parents have equal rights as to determining their children’s religious, schooling, and medical decisions. If both parents cannot agree, a family court judge has the final decision.

Sole Legal and Physical Custody

Sole legal and physical custody means that one parent has the right to determine the issues described above. The minor children also live with one parent only. The custodial parent does not have to get permission from the other parent for any child related decisions. The courts award this child custody type when one parent is unfit in some way. For example, proven charges of child abuse, child neglect, domestic violence, or drug and alcohol dependency and abuse.

It’s Always What’s Best for Your Children

Each Las Vegas divorce is a unique situation. The same goes for the lifestyles of both parents after divorce. Maybe your ex has started having problems that put your children in unsafe environments or situations? Maybe they are not showing up on visitation days or for school pickups.

When your child custody order is no longer what’s best for your children, it’s time to modify it. We can help. Our experienced child custody lawyers understand the complex issues for the best custody situation for your children. Call our office at 702-222-4021 to learn how we can assist you and get what’s best for your children.

What is Parental Alienation in a Las Vegas Divorce?

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Parental Alienation Las Vegas divorceChildren of divorcing parents are affected by the divorce process. The ages of the children, and the more involved the children are in their parents disagreements, the more they feel the effects. What makes it even harder on children is parental alienation in a Las Vegas divorce.

In a general sense, parental alienation is when one parent actively tries to convince their children that their other parent is “the bad one”. Though it is common for those parents going through a divorce to want everyone to be “on their side”, this makes children feel worse. Divorcing parents should never engage in poor parenting at the expense of their children. It also almost always backfires over time.

Stop Parental Alienation Before it Goes Too Far

Parental alienation causes, at least temporarily, children to turn away from one parent, because of the actions and/or words of their other parent. If you and your children are victims of parental alienation you should have a consultation with an experienced divorce lawyer in Las Vegas.

Parental Alienation Does Not Discriminate

Parental alienation can occur in families of all varieties. Regardless of the living arrangements, one parent can be detrimental to the relationship of the other parent and their children. Parental alienation does not discriminate. Mothers can be targets just as well as fathers. The time share plays no role in parental alienation occurring. Though obviously the more children are exposed to negative comments, the more affect those comments have on them.

The parental alienation does not always begin at the onset of divorce or separation. It often starts beforehand and can be either obvious or subtle. But it always results in targeting the other parent despite how good their parenting skills may actually be. Parental alienation includes criticizing the other parent when they try to do anything and often negates any positive acts. The alienating parent manipulates situations, twist words, and causes confusion with their children.

Visitation Schedules Can Change

Eventually children, especially younger ones, can become exasperated. They start believing the alienating parent and pushing the other parent away. Once the separation occurs, the alienating parent will start making excuses for why the children don’t want the scheduled visits. So it then becomes more difficult for the alienated parent’s involvement in their children’s lives.

Parental Alienation Almost Always Backfires

Parental alienation almost always backfires when the children start thinking more for themselves. Children begin to see things in a different light and they form their own opinions. When the children come to realize that their other parent really isn’t what they were led to believe they end up resenting the parent that instigated the parental alienation.

Divorce already causes stress in the family unit. Complicated emotions only make things more difficult to express. When one parent makes it even harder it causes more difficulties and confusion. It is unfair of that parent to cause such distress in their children and only serves to be detrimental for all involved.

Family Therapists Can Help

Professional family counseling is beneficial whenever parental alienation occurs. In addition to seeking legal advice from a dedicated divorce attorney, it is vital to get family counseling as soon as possible. It is important not to accuse the other parent but rather to seek the help required to rectify the situation. Be aware of boundaries and respond to your children with love and kindness. It will help all involved if there is no provocation.

Contact a Las Vegas Child Custody Lawyer

We can help when you need assistance on any child custody issue including parental alienation. Contact a Las Vegas child custody attorney today.

What is Important for Your Health During a Divorce?

Posted on | by The Abrams Law Firm LLC | Leave a Comment on What is Important for Your Health During a Divorce?

Las Vegas divorce your healthDivorce is a difficult process and effects parents and children alike. Understandably, many parents focus on their children during this time. Therefore, they often forget about their own health during divorce. This is not the best route to take because the stress level in those going through a divorce tends to run high. It is imperative that you take good care of yourself while going through a divorce. You cannot care for others, especially your children, if you are not taking good care of yourself. It is not selfish to take care of yourself. Instead, it shows intelligence and wisdom, as well as strong self-esteem. It displays the fact that you care about yourself enough to maintain healthy habits and do what is best for your body. Our divorce attorneys in Las Vegas recommend that divorcing spouses seek counseling, get exercise, and maintain proper nutrition.

Counseling Helps You and Your Children

Seeking counseling is a sign of strength and wisdom. It takes a strong person to realize when they are in need of help. Sometimes just speaking to a counselor to clear your thoughts on a temporary basis is enough. Other times there is a deeper more long-term need. We urge people to seek counseling to help process the stress of their divorce. Counseling will also help parents assist their children with the divorce process. Many counseling professionals specialize in the family. These counselors can provide benefits to you and your children.

Exercise Delivers Physical and Mental Health Benefits

Exercise is also vital in maintaining good health, especially during a divorce. If you exercised regularly before your divorce try to continue that schedule. If you do not exercise regularly – now is a good time to start. A physical checkup from a medical professional should be done prior to initiating any exercise regimen. Going to a gym is also a great way to see new faces, meet new people, and begin moving on with the rest of your life.

Exercise induces the release of endorphins, which allow the brain and body to better fight illness and maintain a stable mental health. Endorphins trigger a positive feeling in the body, thereby reducing stress and increasing relaxation. As well as endorphins, exercise also releases other hormones such as serotonin, dopamine, and adrenaline. These hormones work together to give the body a generally good and positive feeling even while combating stress. These elements combined will help you react positively and in an emotionally healthy manner throughout, and after, the divorce process. In essence, the release of these hormones gives the body a leading edge in the battle against stress.

Yoga is also a great way to relax the body and mind. Fitness and community centers often have yoga classes. No matter the source, exercise gives people more clarity of mind in general because they are feeling stronger physically. This always spills over to the mental state of a person.

Proper Nutrition is Essential to Good Health

Cultivating proper nutrition supports the body in continuing good health. It helps the body battle stresses of all types. The additional vitamins absorbed from proper nutrition allow the body to manage stress and fight illness. Do not neglect your diet at any time. Diet is not weight loss. It’s the quality and quantity of the food you eat. In other words, diet means eating healthy foods in regular patterns, especially breakfast. Starting your day off with a light healthy breakfast can set the tone for your body’s health for the entire day.

Las Vegas divorce lawyers

What is the Best Way to Co-Parent?

Posted on | by The Abrams Law Firm LLC | Leave a Comment on What is the Best Way to Co-Parent?

Co-parent Las Vegas divorceCo-parenting is one of the most important issues in a divorce case. You and your ex should both try your best to make the divorce as easy as possible on your children. Depending on your child custody type, not all co-parenting situations are 50/50. Still both parents should find the best way to co-parent and make their best efforts for the benefit of their children.

Whether you’ve just concluded your divorce, or trying to make co-parenting after divorce work for years, our Las Vegas child custody attorneys have a few tips on making things easier on everyone. In most cases, child experts believe having a relationship with both parents is what’s best for children.

Co-Parenting in a Las Vegas Divorce

With a good co-parenting strategy, your children ideally get the best of both worlds. They get all both you and your ex have to offer. Children crave the love, support, and attention that comes along with being good at co-parenting.

During and after divorce, both parents go through their own financial and emotional adjustments. So it’s challenging to put your children first when you yourself are under stress. But it’s important to emphasize the positives. So avoid speaking about your ex in negative terms when your children are present.

Here are a few positive tips – whether you’ve been co-parenting for a day or a decade.

  • Check-in regularly with your children on how they’re feeling and any concerns they have.
  • Be stable with routines, but flexible as your children’s needs grow and change.
  • Keep any negativity about your ex-spouse away from your children.
  • Spend time with your friends, family, a therapist, or on self-care.
  • You don’t have to like your ex to be willing to work together on co-parenting.
  • Keep your children and co-parenting time out of any negotiations regarding financial matters.
  • Be aware that life marches on. If your ex has a new friend or dating partner it’s always best to be at least civil, and ideally friendly, to that new person. It’s also the best way to determine who is hanging out with your children.

When things get tough, just remember that if it’s in the best interests of your children, it’s worth it in the long run. If communication with your ex broke down long ago, think about what you might do to change it for the benefit of your children.

When You Feel Like You’ve Tried Everything

Sometimes the co-parenting plan agreements in your divorce decree just don’t work out in real life. Lifestyles, people, and your children change. What was fought for “in the heat of the battle” of divorce proceedings may not be the best solution as time passes and your children’s needs change.

The first step in addressing co-parent changes is to try to resolve the issues with your ex without family court intervention. If that doesn’t work and you need a custody modification or change in your parenting plan, we are here to help. You want what’s best for your children, and we want you to get that result.

Co-parents who can work together provide the best environment for their children. In the event that this is just not possible, then it’s time for the courts to become involved. Make sure you have an experienced divorce attorney in Las Vegas who specializes in divorce law, child custody, and child support on your side.