professional and divorce

7 Mistakes Professionals Make in Divorce

professional and divorceGoing through divorce proceedings are some of the most challenging times in one’s life. The very nature of divorce is inherently stressful even if both spouses agree on dissolving the marriage. When one or both spouses are professionals it can be even more so. The necessity of dividing marital assets and agreeing on child related issues only adds to the hectic schedules of most working professionals and can be exhausting. Resolving your divorce case lowers your stress level and allows you to move on with the rest of your life. In this article, our Las Vegas divorce attorneys discuss the most common mistakes of professionals in divorce.

Retaining the Wrong Divorce Attorney

Retaining the wrong divorce attorney is number one on this list for a reason. In order to resolve your divorce case favorably, you need a divorce attorney with extensive experience in handling divorce matters similar to yours. While it can be tempting to look for low cost legal representation, the complexities of your matter should be the real guiding principle. This is especially true of those professionals that own their own practice or business. Divorce proceedings where there is a lot at risk is no place for lawyers who believe their skills only merit low rates, especially when your spouse chooses one of the best divorce attorneys in Las Vegas.

Fighting the Wrong Battles

Whether you like it or not, your divorce resolution is best achieved by keeping your emotions in check. That means choosing what’s worth fighting for and what’s not. If you believe that a “scorched earth” strategy is in your best interest, emotional or otherwise, it will only increase your stress and legal fees in the long run. While you may achieve short-term gains, this is never the best way to conduct yourself, especially if you have minor children in common. This situation becomes even more counter-productive when both parties in the divorce take the same view. The best divorce attorneys know that this is an emotional experience for you and will consistently advise you to take a common sense approach and always fight the important battles but not the trivial ones.

Improper Business Valuations

Many professionals own and operate their own practice. Absent an enforceable prenuptial or post-nuptial agreement, the practice will be divided in your divorce like any other asset. Obtaining a proper valuation for the practice or business is a key factor in obtaining the resolution you’re seeking. These types of valuations are only done in a small fraction of divorce cases and unless your divorce lawyer has ample experience in this area, you could be setting yourself up for an improper division of assets.

Committing Fraud on the Court

Each party in a Las Vegas divorce must submit financial and other documents to the court. While some documents contain opinions, others contain facts. Intentionally misleading your divorce attorney and the court is always a bad idea. The best divorce attorneys know how to find the truth – financial or otherwise. Most importantly, the court takes an extremely dim view of those divorce participants that submit documents containing outright falsehoods. Judges have long memories – and the ones that don’t will be reminded by your spouses divorce attorney. Committing fraud on the court almost always comes back in a negative ruling in one form or another.

Hiding Information from Your Divorce Attorney

You’re not alone in wanting to keep some marital information completely private. In fact, all relationships have their secrets that either or both parties would prefer to be kept out of the divorce proceedings. However, you don’t know what your spouse is sharing with their divorce lawyer. So keeping any information from your attorney, regardless of how embarrassing you believe it to be, is a huge mistake. There is nothing that takes a divorce case in the wrong direction more than when your divorce attorney gets blindsided because you knowingly failed to disclose something pertinent to your case. And if it will put your mind more at ease, there is very little that shocks seasoned divorce attorneys.

Failing to Take Your Divorce Attorney’s Advice

It is not uncommon for professionals to have an “I’m in charge” attitude. After all, you’ve worked incredibly hard and achieved a status that most people can only dream of. We get it. But this is a huge mistake in divorce cases. If you can’t consistently follow your attorney’s advice, you’ve either hired the wrong divorce attorney, or you’re your own worst enemy in your divorce case.

Not Considering Your Minor Children Enough

Always consider the affect your actions are and will have on your children. Your spouse will become your ex-spouse but your children will not. Depending on their ages and other factors, children handle the divorce of their parents in different ways. No one in a divorce matter, professional or not, ever benefits by actions that will alienate the relationship they have with their children – both short and long-term.

Retain the Legal Counsel You Deserve

Our divorce attorneys in Las Vegas are experts in handling divorce matters for professionals and high income/net worth clients. Their record of success has been acknowledged by the local legal community and clients alike. Call us today at 702-222- 4021 to speak directly with one of them and start on the road to getting back to the positive aspects of your life.

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Commingling Separate and Community Property

divorce lawyers community propertyIn Nevada, all marital or community property is subject to division upon divorce. Community property includes all assets acquired during the marriage, with limited exceptions (such as inheritance and gifts specifically to one party, or assets covered in a pre or post-marital agreement). Generally, separate property is property already in possession of each party before the marriage. Separate property is not subject to division in the divorce. However, matters become complicated when separate and community property are commingled together. Read on for an explanation from our expert divorce lawyers in Las Vegas of how commingling separate and community property can affect your rights upon divorce.

What is Commingling of Assets?

Commingling of assets occurs when community funds are used to support separate property, and vice versa. Couples may, for example, pool their finances into a joint bank account and then use that account to purchase a home. The funds started as separate property, were mixed together in a joint account, and then used to purchase what is ostensibly a piece of community property. Commingling might occur when an inheritance (separate property) is deposited into a joint account. Commingling also includes when community funds are used to increase the value of separate property, such as if funds from a community bank account, or funds earned during the marriage, are used to renovate a separately owned house.

What Happens When You Commingle Assets?

Commingling assets carries the risk of converting separate property into community property and thus subject to division during divorce proceedings. Unless you keep very specific, detailed records, an asset such as a joint bank account is likely to become fully community property. This is true even if it started with deposits from separate property funds, or funds from just one party. Likewise, income obtained after the marriage has begun is generally community property regardless if only one spouse earned it. So depositing the income funds into a separate bank account can muddy the waters regarding whether that account is separate or community property. When separate property is used to purchase something for the benefit of the marriage, and separate ownership is not made explicit in writing, then it is likely to be treated as community property.

Pensions and Retirement Accounts

Some assets can include both separate and community property. For example, pension funds and other retirement instruments that were created before marriage have special rules that determine which parts are community property and which parts are separate. Nevada law generally holds that the appreciation in value that occurs once the marriage starts is treated as community property. If there is no active effort to increase the value, however, there may be an argument that the property remained separate even after the marriage and even upon some modest appreciation in value. Discuss your finances with your divorce attorney to find out which property can be kept separate during your divorce, and which must be included in the divorce property divisions.

The Challenges of Keeping Separate Property Separate

Keeping separate property separate is not an easy task. Enshrining certain assets as separate in a prenuptial agreement is likely the safest path. Otherwise, keeping receipts and detailed records in order to prove ownership in the future is likely too burdensome to maintain and too difficult to reconstruct. Separate property not covered by a prenuptial agreement, which the parties wish to keep separate, should never be commingled with any forms of community funds or marital efforts.

If you are concerned about keeping your separate property separate:

  • Get a prenuptial or post-nuptial agreement properly drafted by a qualified divorce attorney.
  • Do not commingle assets.
  • Do not deposit community funds into a separate account or vice versa.
  • Do not use separate funds to improve upon community property.
  • Do not transfer funds between separate and community accounts.

Call for Experienced Legal Advice

 Our dedicated divorce lawyers in Las Vegas are ready to help you navigate all aspects of your divorce case. This includes everything from complex asset evaluation and property division to alimony and child custody issues. We will help you locate all assets that make up the marital estate, ensure that you get your share, and protect you and your children. 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.

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Gray Divorce: A Growing Trend

las vegas divorce lawyersWhile divorces among younger age groups have leveled off or even begun to slightly drop in recent years, divorces among couples aged 50 or older have skyrocketed over the last three decades. Sociologists suggest that many factors have led to the rise in these so-called gray divorces including:

  • Life expectancy increases
  • The availability of online dating for more mature singles
  • Cultural shifts towards a belief that being happy is more important than staying married, and;
  • The economic gains of women in the last few decades.

The following article, written by our Las Vegas divorce lawyers, discusses the rising trend of gray divorces and some of the aspects that render these divorces different from divorces involving younger parties.

Gray Divorce Statistics

The rate of gray divorces has more than doubled since the late twentieth century. According to a recent study looking at the number of divorces per 1,000 women aged 50 and older, the rate of gray divorces jumped from 4.9 in 1990 to 10.7 in 2008. From 2008 to 2017, the rate dropped a bit to 10.3, but still more than twice the rate of the early 1990s. In 2017, 344,755 women aged 50 and older obtained a divorce. The study was based on a review of U.S. census data and other sources.

The study also looked at the divorce rate by state. Nevada came in with the second-highest gray divorce rate, with 12.5 divorces per 1,000. This was just behind Delaware’s gray divorce rate of 13.4 per 1,000. These are not just second or third marriages entered into between older couples on a lark: Over half of all gray divorces are between couples who have been married for 20 or more years.

Unique Aspects of a Gray Divorce

Gray divorces introduce additional complexities that require the skill set of experienced divorce attorneys. Some of the aspects that distinguish gray divorces from younger couples include:

  • Complex asset division. Younger couples may have little more than a bank account, a couple of cars, and perhaps a house to divide upon divorce. Couples in their 50s and 60s, on the other hand, have built up a lifetime of assets. Assets may include business ownership, well-developed retirement accounts and pensions, multiple types of real estate, investment portfolios, and more. These types of assets require expert understanding to properly characterize, value, and divide between the divorcing spouses.
  • Spousal support/alimony. Nevada family courts award alimony based on several factors, including the income disparity between the parties, the necessity of financial support due to health issues, and whether one spouse needs retraining to get back into the workforce. One of the biggest factors is the length of the marriage: As a general rule permanent alimony is unlikely to be awarded for marriages that lasted less than 20 years. With gray divorces, the likelihood of a 20+ year marriage is more likely, as is the likelihood that the lower-earning party cannot reasonably be expected to suddenly reenter the workforce. As a result, permanent alimony is more likely to be a possibility, but never a guarantee.
  • Minor children. One facet of gray divorces is actually easier on average as compared to divorces involving younger couples: Gray divorces are much less likely to involve minor children. Gray divorces will likely not need to resolve issues concerning child support, child custody, or other parenting time matters. However, the divorcing spouses must still take into account life insurance and retirement accounts benefiting adult children, as well as consider relevant children from earlier marriages. If the couple has any special needs children, the divorce proceeding should address providing for them as well.

Make the Change You Need With Help from Trusted Divorce Attorneys

Call an experienced divorce attorney for assistance with your divorce or divorce-related matter. Our Las Vegas divorce lawyers are divorce law experts. They are ready to lead you through all aspects of your divorce case, including residency determinations, alimony, property division, and all other divorce related issues. Our divorce lawyers 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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Living With Your Spouse During Divorce is a Bad Idea

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

Divorces Involve Conflict

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

Divorces are Emotional

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

It’s Not Better for Your Children

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

It Will Limit Your Ability to Move On

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

Seasoned Legal Guidance

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

File for Divorce First

Advantages of Filing for Divorce First

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

Hiring the Best Las Vegas Divorce Attorney for You

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

Control the Timing of Your Divorce Case

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

Get in the First Word

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

Possibly Choosing the Venue

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

Prevent Your Spouse from Hiding Assets

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

Get Relief Sooner

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

Trusted Legal Representation for Your Las Vegas Divorce

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

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Legal Separation in Nevada

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

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

What is Legal Separation?

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

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

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

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

Benefits of Separation

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

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

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

Biggest Pitfalls of Legal Separation

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

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

Dedicated Las Vegas Divorce Attorneys

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

Las Vegas Contested Divorces

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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 Lawyers in Las Vegas: Las Vegas Divorce Myths

Las Vegas Divorce Myths

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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4 Costly Mistakes In a Las Vegas High Asset Divorce

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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

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.

Can I Change Divorce Attorneys

Can I Change Divorce Attorneys?

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?

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.

What is Spousal Support and Alimony?

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?

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.

Las Vegas divorce lawyers

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.

Divorcing in Las Vegas After 50?

Las Vegas DivorceIf 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.

Back to School Child Custody

Back to School Child CustodyOn Monday over 320,000 children will head back to school in the Clark County School District. This often involves new schools, schoolmates, teachers, and administrative staff. Our divorce attorneys know that back to school can include changes in child custody. So make sure your child custody agreement still works for everyone.

New considerations can pop up as your children grow and your lifestyle situation changes. This might mean changing your co-parenting plan. Verbal agreements can seem like the best option at first. But smart parents know it’s always best to commit any changes in writing. Moreover, this includes having the Clark County Family Courts recognize permanent changes. While this step may seem unnecessary at first, it is a safe-guard against future problems.

Making Your Child’s Transition Easier

With almost two decades of  experience, our child custody attorneys understand that change is a normal part of ex-spouses’ lifestyles and of child development. New classmates, teachers, schedules, and even schools can make starting a fresh school year challenging. Whenever possible and practical, it is always best to co-operate with your ex-spouse when it comes to changes in parenting plans and your children’s schooling requirements.

Parenting Plan Considerations

Below is a summary checklist of the situations that can possibly affect existing parenting plans.

  • Changes in One or Both Parents’ Work Schedules
  • Changes In Living Arrangements During the School Week
  • Schedule Clashes Due to New Schooling and After School Activities
  • Age, Personality, and Child Developmental Needs Changes
  • Ex-Spouses Career Changes
  • Child Care Changes
  • Residential Changes
  • New Distance Between Parents’ Homes
  • Changing Academic and Extracurricular Activities
  • Moving Out of a School District
  • Parents Disagree on School Choice
  • Possible Moves into a Better School District
  • Moves out of a Child’s Historical School District
  • Current School Not Providing Adequate Educational Opportunities

Back to School and Planning Ahead

A new school year means adjusting from summer vacation mode into a school routine. This goes for your agreed-upon co-parenting situation as well. Both you and your children will transition more smoothly if you plan school related activities ahead of time.

Who gets the report card? Who’s paying for the sports uniforms? Who gets the call in the event of an emergency or picks the children up from school? You can make things easier for everyone involved by arranging for duplicate notifications, deciding on school expenses upfront, and planning for transportation and major project involvement early.

Making Back to School Child Custody Easier

Once both parents have agreed on who is doing what and when, keeping coordinated calendars can help you, your children, caregivers, and coaches all stay informed. If simple texts or emails aren’t doing the job, the easiest way to do this might be to download a co-parenting app specifically designed for parents who share custody.

When You Just Can’t Agree

The Clark County Family Courts prefer that both parents be equally involved in the upbringing of their minor children. So the co-parenting plan should provide for both parents, and most importantly, the best interests of the children involved.

If you find your ex-spouse showing up late for after school pick-ups, not showing up for scheduled events with your children, or putting your children in situations where safety may be at risk, a child custody modification may be your best option.

When your ex isn’t on the same page and your kids are suffering for it, it’s time for legal help. That’s where our divorce lawyers in Las Vegas can provide valuable assistance.

Child Custody Help in Las Vegas

Your children have enough to deal with going back to school without feeling like they are a complication or in the middle of custody disagreements. If you are you having a hard time agreeing with your ex-spouse – Don’t wait. It’s best to seek court intervention to prevent problems.

Our Las Vegas divorce and child custody attorneys have decades of experience in child custody matters. So if you’re ready for immediate assistance, please call us at 702-222-4021 for a consultation.

divorce attorneys las vegas

Jeff and MacKenzie Bezos’ Record $160 Billion Divorce is Final

Bezos divorce sets a record

Jeff and MacKenzie Bezos have finalized their divorce which, at roughly $160 billion, set a financial record that will be difficult to top.

The ex-couple owns roughly 16% of on-line behemoth Amazon.com. Jeff Bezos founded Amazon in 1994 and is its current CEO. He also has a wide range of other financial interests including The Washington Post and space-oriented Blue Origin. MacKenzie Bezos is an author with two published novels. After a whirlwind courtship they married in 1993 and have four children together.

According to the divorce filings Jeff Bezos will keep 75% of the former couple’s Amazon stock and control 100% of the voting rights. He also retained all the interest in The Washington Post and Blue Origin. Mackenzie Bezos was awarded 25% of their Amazon shares valued at over 38 billion dollars. Other terms of the divorce settlement were not immediately disclosed.

Community Property State

Because their divorce jurisdiction was in Kings County in Washington State, no Las Vegas divorce attorneys were involved in the Bezos’ divorce. However Washington State, like Nevada, is a community property state. There are only nine community property states in the United States. The others are Arizona, California, Idaho, Louisiana, New Mexico, Texas and Wisconsin.

In a very general sense, community property means that all assets and debts during the marriage are held jointly by the couple regardless of who earned the asset or incurred the debt. So why the disparity between the two when it came to dividing the Amazon stock?

Pre and Post-Nuptial Agreements

A pre or post-nuptial agreement supersedes community property laws. It’s been widely reported that the Bezos’ did not have a prenuptial agreement. They met in 1992 and married within a year which was prior to Amazon’s founding in 1994. What is less well-known is whether they had any post-nuptial agreement.

Las Vegas divorce attorney Jennifer Abrams noted, “We routinely deal with high asset divorces. Given the apparent financial circumstances at the time of marriage, it is not surprising that there was no prenuptial agreement. The financial acquisitions during the marriage, however, raise a question as to whether or not a post-nuptial agreement was in place. Numerous private investment firms contributed heavily into Amazon before it went public. In order to minimize investor uncertainty, it’s a standard practice to execute a post-nuptial agreement detailing what happens in the event of divorce.” she said.

Bezos’ Have an Amicable Divorce

“Clearly this was a very amicable divorce,” Ms. Abrams continued. “Considering the four children, amount and complexity of assets, and short 6 month time-frame for resolution, it’s reasonable to conclude that both parties were still very much in synch with one another,” she said.

Both Jeff and MacKenzie Bezos have released social media posts praising the other for their cooperation in their divorce matter. They also expressed a strong desire to move on with their lives separately and together, albeit in a different manner. The ex-couples social media communiques paint a picture of mutual respect.

Jeff Bezos tweeted “I’m grateful for her support and for her kindness in this process and am very much looking forward to our new relationship as friends and co-parents.”

MacKenzie Bezos also used Twitter to express her feelings. “Grateful to have finished the process of dissolving my marriage with Jeff with support from each other and everyone who reached out to us in kindness, and looking forward to the next phase as co-parents and friends.”

MacKenzie Bezos Goes Philanthropic After Divorce

Although it appears that MacKenzie Bezos did not receive half the marital assets, her 4% stake in Amazon is still worth approximately 38.3 billion dollars. That does not include any other liquid, real estate, or other assets she may have received. This makes her the 22nd richest person in the world and the third richest woman, according to Bloomberg News.

Prior to finalizing their divorce MacKenzie Bezos signed the Giving Pledge. According to their website the Giving Pledge is an effort to help address society’s most pressing problems by inviting the world’s wealthiest individuals and families to commit more than half of their wealth to philanthropy or charitable causes either during their lifetime or in their will.

In a recent letter MacKenzie Bezos wrote, “We each come by the gifts we have to offer by an infinite series of influences and lucky breaks we can never fully understand. In addition to whatever assets life has nurtured in me, I have a disproportionate amount of money to share. My approach to philanthropy will continue to be thoughtful. It will take time and effort and care. But I won’t wait. And I will keep at it until the safe is empty.”

More than 200 uber-wealthy donors have signed the Giving Pledge. Jeff Bezos, the world’s richest man, has yet to join his ex-spouse in this philanthropic act, but did offer his compliments to her on Twitter stating, “MacKenzie is going to be amazing and thoughtful and effective at philanthropy, and I’m proud of her.”

We can help if you’re concerned about your assets and debts in divorce proceedings. Our experienced divorce attorneys have successfully represented both husbands and wives on these important issues. Please contact us today at 702-222-4021 and one of our expert divorce attorneys will speak to you.

Attorney Vincent Mayo Receives Legal Excellence Award

Las Vegas divorce attorney Vincent Mayo has received the 2016 Legal Excellence Award from Vegaslegal Magazine. Vegaslegal covers local legal issues, lawyers, business, and lifestyle topics. The magazine selects legal excellence award recipients on numerous criteria. This includes prominence in select legal practice areas. Attorney Mayo’s primary focus is high net worth divorce matters. Mr. Mayo is one of only nine attorneys in Clark County to receive this notable recognition. So he was particularly proud of this honor.

Las Vegas Divorce Lawyer Vincent MayoIn a post award interview Attorney Mayo stated, “I would say that my code is to provide leadership to clients while ensuring my services are goal oriented.” He continued, “At the same time, I’m equally committed to avoiding unnecessary litigation and fees by focusing on the most efficient way to accomplish my client’s goals…”

About Attorney Vincent Mayo

Vincent Mayo is a State Bar of Nevada Board Certified family law specialist. Mr. Mayo is one of only seventeen attorneys in the state of Nevada who is Board Certified in family law by the National Board of Trial Advocacy (NBTA). The NBTA is the American Bar Association’s division of the National Board of Legal Specialty Certification.

Attorney Mayo was previously a co-editor of the Nevada Family Law Practice Manual. All family law attorneys and judges in the state of Nevada use this manual because it’s the foremost compilation of Nevada statutes, case law, and local and state rules.

Vincent Mayo’s legal career began in Nevada in the Clark County Family Court system. He was retained by Judge Gloria Sanchez as a law clerk for two years. Prior to that he practiced for four years in a prestigious local law firm. Mr. Mayo joined The Abrams Law Firm in 2008 and has been a partner in the firm since 2015 when it became The Abrams and Mayo Law Firm.

Valentine’s Day Divorce Stress Relief

Valentines Day Post Divorce Stress ReliefValentine’s Day divorce stress relief can include things like yoga, meditation, or professional counseling. But a local Las Vegas business has a new twist. According to a recent article in the Las Vegas Review Journal, a local gun range is offering a “Valentine’s Day Special”. Those who wish to can use machine guns and other firearms to shoot up various marriage related articles. Fortunately the local business draws the line when it comes to photos of ex-spouses. To each their own, but our following recommendations will prove more beneficial in the long run.

Divorce Stress Relief on Valentine’s Day

Remember that human beings are, above almost all things, creatures of habit. So get into positive habits as quickly as possible – and keep them going.

Let it go. Nothing is going to change the fact that you are now divorced. Accept it and get on with your new life. Regardless of what occurred during your marriage and/or divorce proceedings, it’s over. Harboring ill-will will negatively affect you more than anyone else.

If you need to talk to someone get a professional counselor. Your friends may be well-meaning but they are not objective or professionals. They are not in the business of providing positive advice to achieve a goal. Our Las Vegas divorce attorneys provide a list of qualified family counselors to all clients.

Co-parent your children to the best of your ability. Your marriage may be over, but your children still depend on you to be their parent. In fact they probably need you now more than when you were married.

Do not speak badly about your ex in front of your children regardless of how difficult it is to hold your tongue. Your children are going through a transition just as you are. It’s all new to them as well. They are counting on you to be the adult.

Do new things to experience the good things in life. Take up a new hobby. Start a new exercise regimen. Go out with new people to new places. Join a new club. Pick something that you’ve always wanted to do but haven’t, and go do it. These types of things will go a long way to building a positive self-image.

Start dating as soon as you feel ready. Keep it light and easy, but get out there. Lunch dates are great for this. You have plenty to offer. Let others see it.