Las Vegas Divorce Attorneys Archives

Las Vegas business owners and divorce proceedings

Business Ownership in Divorce Proceedings

Posted on January 26, 2022 | by The Abrams Law Firm LLC

Divorce matters for high-net worth individuals entail complicated issues. Many of these are financial in nature and can include luxury homes, vacations properties, investment accounts, and business ownership, to name just a few. In this article we discuss the aspects of business ownership in divorce proceedings and the important decisions that face every business owner.

Businesses owned by either or both spouses are subject to property division during divorce proceedings. In some instances there is a valid prenuptial or post-nuptial agreement that addresses what happens to the business in the event of divorce. Nevada is a community property state. So if there is no such agreement, the business is subject to property division in the divorce proceedings like any other marital asset.

What is the Business Worth?

In order to resolve property division, one of the most important factors is assessing what the business is worth. The amount requires the work of business valuators. Business valuators are licensed professionals who consider the details of a business and form an opinion on its value.

Each business has unique assets and debts. So no two businesses, and therefore their values, are identical, even within the same industry. In some cases, the divorce attorneys representing each party agree on the choice of a business valuator. In other instances, each party retains their own valuator and the findings of each are then compared for similarities and differences. Each spouse’s divorce attorney then negotiates, or litigates, to determine a final value.

The Business Valuation Process

The valuation process includes an analysis of the company’s financials as well as numerous other factors. The business valuator considers whether the business has hard assets such as real estate or equipment, and/or intangible assets such as licensing agreements or goodwill. The valuator also examines financial documents including bank statements, inventory reports, tax returns, profit and loss statements, accounts receivable and payable reports.

Real property owned by the business can be a significant asset. If necessary, the business valuator may require the assistance of a certified real estate appraiser that specializes in commercial real estate. The same can be true for commercial equipment. Depending on the type, age, and amount of business equipment, a separate expert’s opinion as to the value of the equipment may be required.

Some businesses rely heavily on the value of intangible assets. Tech and celebrity related businesses often have a portion of their value based on these types of assets. Intangible assets can include the value of a celebrity name, intellectual property rights, exclusive or non-exclusive licensing agreements, patents and trademarks.

Professional Practices

Professional practice businesses often have the intangible asset of “goodwill”. This means that there is a business value as a going concern and its reputation in the community which it serves. Often the goodwill is related to the holder of a special license. One or both spouses may have a medical, law, architectural, contractor or other specialty license. The license holder’s relationship to the business is a factor which complicates the property division aspects in a divorce. These intangible assets can have a wide range of value due to their abstract nature. So experienced divorce attorneys often have a list of business valuators who are well-versed in determining the value of intangibles.

Who Will Work at the Business During the Divorce?

If only one spouse works at the business, the easy answer is that the arrangement remains the same. In other instances both spouses are active in the daily operations. This complicates the matter as there is bound to be some conflict between the personal issue of divorce and the professional aspect of running a business. In the best case scenario both spouses can continue to work at the business. But this can cause unnecessary conflicts. Therefore, experienced divorce attorneys familiar with businesses and divorce are the best option to negotiate an agreement which defines the roles of each spouse until the divorce is finalized.

Who Owns the Business After the Divorce?

Business ownership can have many forms. In addition to one or both spouses, the business may have ownership interest from employees, outside investors, and/or family members. Any form of additional ownership interest adds a level of complexity and the ownership factors may affect the resolution method. Our divorce attorneys have published a comprehensive guide for business owners which goes into more detail. However, for the purposes of this article, we’ll assume that there are no other ownership interests.

Just as every divorce case is unique, so are the manners of resolution. In general some of the most common ways are:

One spouse buys out the other
The business is sold and the profits are divided
Both ex-spouses continue to own the business

The most straight-forward method is for one spouse to buy out the other. This may entail trade-offs with other marital assets. For example, one spouse’s share of the equity in the marital home may be an offset. The same goes for any other marital assets subject to division in the divorce proceedings.

Another option is selling the business to a third-party and dividing the proceeds as part of a global settlement agreement. This is not typical especially in businesses where one or both of the spouses are founders. Typically, there is a strong emotional attachment to the business and selling out to a third-party is not the preferred solution.

The last option is that both ex-spouses continue to own the business after the divorce. Obviously the divorce happened for a reason and, while this option is possible, it is the most infrequent method of resolution.

Retain the Legal Counsel You Deserve

Business ownership, in any form, is a complex matter in divorce proceedings. Protect your rights with a team of divorce attorneys experienced in such matters. Our attorneys have decades of experience in guiding business owners through the myriad of options in order to achieve the best resolution. They can put your mind at ease if you are a business owner or the spouse of one and are considering divorce. They also work with clients that are considering changing divorce attorneys in active cases. 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.

Lottery Winnings in a Las Vegas Divorce

Posted on June 9, 2021 | by The Abrams Law Firm LLC

There have been cases where one spouse wins a lottery or comes into another form of financial windfall during a Las Vegas divorce case. If you win the lottery or achieve some other significant financial upside, but are separated or in the middle of a Las Vegas divorce, what happens to your money? Do you get to keep it for yourself or are you obligated to divulge and divide it with your soon-to-be-ex? Continue reading to learn more from our Las Vegas divorce attorneys on how Nevada law treats lottery winnings in a Las Vegas divorce.

Are Lottery Winnings Subject to Division?

Absent a pre or post nuptial agreement, assets acquired during marriage are generally community property, subject to division in a Las Vegas divorce. The rule applies even if you are living apart but don’t have an enforceable legal separation agreement. In fact, in Nevada, the rule applies even if you have already filed for divorce. Nevada is one of the rare states in which the marriage is still active, and marital assets are still accumulated, until the final divorce decree is issued.

If you purchase a winning lottery ticket, or come into a windfall through other means such as a granting or exercise of stock options, before the divorce is finalized, your financial gains are community property. That means you divide your new found wealth with your spouse in the divorce.

Separate Property Exceptions

You may be able to rely on an exception to the general rule to protect your winnings. If you inherit a lottery ticket from a deceased relative, or if you are given a lotto ticket as a gift, solely to you, from a third party, then the lottery winnings might be considered separate property. Additionally, if you purchased your lotto ticket before the marriage, you might be able to argue that the property was acquired before the marriage and thus constitutes separate property.

You might possibly even be able to protect your lotto winnings if you bought the ticket during the marriage but paid for it with separate property, such as with funds obtained via inheritance or gift. This argument may be considered a stretch, and not all courts will agree, but it could be worth making. In these instances, an experienced divorce attorney with a track record of success in high asset divorces should be consulted.

Never Hide Your Lottery Winnings

Whatever you do, do not try to hide your lottery winnings from your spouse. There have been a number of cases in recent history in which a person wins the lottery shortly before filing for divorce, or even after filing, and tries to hide it from their spouse. Courts do not take kindly to parties who try to hide assets in a divorce. Even the best divorce attorneys in Las Vegas will most likely not be able to convince a judge that the funds are all yours.

For example, in one case a woman won $1.3 million in the California Lottery and promptly filed for divorce 11 days later. She hid her lottery winnings from her husband and the court. Her husband’s divorce attorney, through investigation, found her lottery winnings. The family court judge not only demanded that her lottery winnings be included in the divorce proceeding–he penalized her by awarding the entirety of her winnings to her husband in the divorce. The law requires full and complete financial disclosure and you must provide it. Judges do not like being lied to. The same goes for divorce attorneys.

Lottery Winnings and Alimony, Child Support

Even if you manage to keep your lotto winnings, they will still be used as evidence of your financial circumstances for the sake of spousal support and child support. After all, you can afford to pay more now that you won the lottery. The entirety of your financial circumstances, including your separate property, are relevant when making decisions concerning child support and spousal support. For example, if you accept your winnings via monthly annuity payments, the court will consider those payments as part of your monthly income when evaluating support.

Protect Your Finances in Your Las Vegas Divorce

Our seasoned divorce lawyers in Las Vegas are ready to help you navigate all aspects of your divorce case, from property division to alimony and child custody. Call 702-222-4021 to speak with one of them about your important divorce matter concerns.

Divorce and Social Security Benefits

Posted on May 11, 2021 | by The Abrams Law Firm LLC

When you divorce, all of your income and assets obtained during the divorce are subject to distributions that are not covered in a pre or post-marital agreement. Not all forms of income are treated the same, but all may come into play. There are special rules for certain assets such as pension funds, retirement benefits, and Social Security benefits. In this article, our Las Vegas divorce attorneys discuss how Nevada state law and federal law deal with divorce and social security benefits.

Social Security is Income

In addition to considering how Social Security benefits will be divided upon divorce, it is important to remember that Nevada courts consider Social Security benefits to be “income” for the purposes of calculating alimony and child support. If one party is receiving Social Security benefits, those funds will be considered when deciding whether to award alimony or child support and how much to award.

Future Social Security Benefits Are Not Technically Community Property

The treatment of Social Security in divorce is complicated by the interaction between federal and state law. Nevada state law governs divorce, but Social Security is a program governed by federal law. Future Social Security benefits are actually an entitlement to benefits in accordance with the Social Security Act. Federal law provides that such benefits are not transferable or assignable and are not subject to any legal process. Federal law preempts any conflicting state law, such as Nevada family law. Social Security benefits cannot be divided in a property settlement agreement. All information in this article is subject to change. Therefore, it’s important to consult with an experienced divorce attorney to be aware of the current status.

When Can an Ex-Spouse Receive Social Security Benefits?

If only one party to the divorce is entitled to Social Security benefits, or if they are entitled to significantly greater benefits than the other spouse, then the other spouse might be entitled to a portion of the recipient spouse’s benefits. Very specific rules govern when a former spouse can receive a share of their ex’s Social Security benefits, however.

General Divorce and Social Security Provisions

First of all, the spouse seeking benefits must be at least 62 years old, must have been married to their ex for at least 10 years, must now be unmarried, and must not be eligible for a higher Social Security benefit based on their work record. If those factors are all true, then that spouse could be eligible to receive a portion (50%) of their ex’s social security benefits.

To collect, however, additional factors must be in place. The ex (the source of the benefits) must also be at least 62 years old and must be eligible to receive Social Security benefits. They do not have to be actually receiving the benefits yet, but they must be eligible. There are other complications and potential routes to collection based on specific circumstances. For example, if the ex-spouse (who would be entitled to Social Security benefits) is deceased, and the divorced spouse does not remarry before age 60, they might be able to collect benefits as a former spouse. Talk to your divorce attorney about your Social Security benefits and eligibility to discuss the specifics of your situation.

Birthday is Also a Factor

According to the United States government’s social security benefits website, the following also applies: “If your ex-spouse was born before January 2, 1954, and has already reached full retirement age, they can choose to receive only the divorced spouse’s benefit and delay receiving their own retirement benefit until a later date.”

“If your ex-spouse’s birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists. If your ex-spouse files for one benefit, they will be effectively filing for all retirement or spousal benefits.”

Trusted Legal Advice For Your Las Vegas Divorce

Call an experienced 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 division of complex assets, alimony, child custody disputes, and all other related issues. Call 702-222-4021 to speak directly with one of them about a consultation.

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.

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.

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.

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.

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.

Nevada Community Property Laws

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

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 Divorce Myths

Posted on February 27, 2020 | by The Abrams Law Firm LLC

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.

4 Costly Mistakes In a Las Vegas High Asset Divorce

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

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.

Take the High Road in a Las Vegas Divorce

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

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.

Can I Change Divorce Attorneys?

Posted on November 16, 2019 | by The Abrams Law Firm LLC | Leave a Comment

Picking 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?

Posted on November 15, 2019 | by The Abrams Law Firm LLC | Leave a Comment

A 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.

What is Spousal Support and Alimony?

Posted on November 15, 2019 | by The Abrams Law Firm LLC | Leave a Comment

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?

Posted on November 15, 2019 | by The Abrams Law Firm LLC | Leave a Comment

Child 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 the Best Way to Co-Parent?

Posted on November 15, 2019 | by The Abrams Law Firm LLC | Leave a Comment

Co-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.

Divorcing in Las Vegas After 50?

Posted on November 15, 2019 | by The Abrams Law Firm LLC | Leave a Comment

If you are divorcing in Las Vegas after 50, you’re not alone. In fact you’re part of a consistent pattern of older adults in Las Vegas divorces. The good news is that many older divorcees experience a significant increase in happiness post-divorce. A new-found or revitalized feeling of personal freedom is a contributing factor. This freedom can be largely based on the financial outcome of your divorce proceedings.

Reasons for Grey Divorce

A general term used to describe those older individuals in divorce proceedings is “grey divorce”. Most grey divorces involve marriages of 20 years or more. So why break up when the years of raising children and advancing careers are easing up? The best Las Vegas divorce attorneys know that there is no single answer to this question. But there are many common reasons why grey divorces occur.

Older Children and Divorce

The parties’ have less in common without their minor children living at home. As children age they are more involved in school, extra-curricular, and parent carpooled and/or chaperoned friend-related activities. This often results in a child-centered family unit. When the children go off to college or leave home to go out on their own, the years of child-centered relationships diminish.
Divorce is easier on older children. This is especially true when children are aware of the realities of an unhappy marriage. Children who have been exposed to years of discord often know more that they let on. They also love each parent and want to see them both living fulfilling lives.

Spouses Change Over Years of Marriage

Spousal interests have evolved in different directions over the years. Rarely do the interests of any human being remain static throughout their lifetime. So whether by choice or by circumstance, change is an inevitable part of human development. A spouse’s habits and interests that are contrary to your own are less endearing after many years of marriage.
Women have successful careers and are more financially independent. Though not true in every circumstance, as a general rule women are more capable financially than in generations past. Therefore, many women have built successful careers where, in prior decades, the husband was the sole or primary breadwinner.
Feelings that life is progressing faster and faster and a new partner might bring more happiness. It is a well-known psychological phenomenon that as we age the concept of time grows faster. So, the realities of a finite lifespan and that there are more “miles in the rear view mirror than in the front windshield” contribute to a desire to make the most of what life has to offer.

Financial Stability is a Major Factor

We understand the concerns of baby boomers and seniors facing divorce. Regardless of the reason, many factors make going through a divorce later in life more challenging. Financial factors are on the top of the list. It’s worth noting that younger spouses do not have easier divorces. But establishing a positive post-divorce lifestyle in one’s later years depends more on the financial outcome of your divorce proceedings.

There is No Substitute for Expert Legal Representation

You must decide on what level of representation is best for your unique circumstances. Not every divorce matter, grey or otherwise, requires the high-powered legal counsel we provide. Legal representation and the associated fees should always be commensurate with what you have at stake in your divorce proceedings. If you have a lot at risk, hiring a cheap Las Vegas divorce lawyer is the epitome of “penny-wise and pound foolish.” So going through divorce proceedings with inadequate legal counsel is a mistake that will affect the balance of your life.

Achieving the best outcome in your divorce matter requires expert legal advice from an experienced divorce attorney. Hoping things will just work out, or that your spouse will play fair and be trustworthy, can be an understandable mindset. But it presents an unnecessary and dangerous risk to take. Seasoned divorce lawyers know the intricate ins and outs of asset divisions, selling or dividing residential properties, businesses, stocks, retirement plans, and the critical factors for spousal support. You can use their wealth of experience to your advantage and secure the financial security you deserve.

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.