UNCONTESTED DIVORCE

The most cost-effective way to get a divorce is when you and your spouse can agree upon how property and debts will be divided and how you want to handle custody and visitation of your children.  This can be done through the filing of a Joint Petition for Divorce. If you are able to proceed in this manner, your divorce can be completed quickly and at a fraction of the cost of a contested matter.

PLACEMENT OF FOSTER CHILDREN IN NEVADA

A recent assembly bill, AB393, provides that if a child is placed in a foster home that, to the extent possible, the child should have contact with his or her siblings arranged on a regular basis and on holidays, birthdays, and other significant life events.

NO FAULT DIVORCE

The law requires that you give the court a reason to grant your divorce.  To get the process started, you must state your reason, or grounds, in a divorce complaint or petition.  Since 2010, all 50 states recognize "no-fault" divorce grounds, so you simply declare that your marriage is over.  Nevada is a pure "no-fault" state.  You declare in your complaint that you and your spouse have "irreconcilable differences."  You don't have to say why your marriage broke down or what your differences are.  The idea behind no-fault divorce is that neither spouse blames the other for the end of the marriage. See NRS 125.010.

PUTTING CHILDREN IN THE MIDDLE

"MINNESOTA JUDGE HAS 200 BLUNT WORDS FOR DIVORCING PARENTS"
By Judge Michael Haas, 2001

"Your children have come into this world because of the two of you.  Perhaps you two made lousy choices as to whom you decided to be the other parent.  If so, that is your problem and your fault.

No matter what you think of the other party---or what your family thinks of the other party--these children are one-half of each of you.  Remember that, because every time you tell your child what an "idiot" his father is, or what a "fool" his mother is, or how bad the absent parent is, or what terrible things that person has done, you are telling the child half of him is bad.

That is an unforgivable thing to do to a child.  That is not love, that is possession.  If you do that to your children, you will destroy them as surely as if you had cut them into pieces, because that is what you are doing to their emotions.

I sincerely hope you do not do that to your children.  Think more about your children and less about yourselves, and make yours a selfless kind of love, not foolish or selfish, or your children will suffer."

DEFENSE OF MARRIAGE ACT---UPDATE

On May 31, 2012, the First Circuit Court of Appeals weighed in on the Defense of Marriage Act, or DOMA.  Same-sex couples are applauding the unanimous decision of the three-judge panel.  In a 43 page opinion delivered by Judge Michael Boudin, the First Circuit Court of Appeals found that DOMA unfairly denied same-sex couples of their rightful benefits.  The decision, the court said, was based on the fact that the denial of benefits to same-sex couples didn't further a legitimate governmental purpose.

Most recently, on October 18, 2012, the Second Circuit Court of Appeals became the second federal appellate court to strike down the Defense of Marriage Act (DOMA).  Applying "heightened scrutiny," the Second Circuit concluded that DOMA's classification of same-sex spouses was not substantially related to an important government interest and held that DOMA Section 3 violates equal protection.  For full opinion, see Windsor v. U.S. http://www.ca2.uscourts.gov/decisions/isysquery/1afe4f62-fbf9-4e0d-a409-26ab7396971e/1/doc/12-2335_complete_opn.pdf

Unbundled Legal Services

In addition to our competitive hourly rates for handling family law matters, Law Practice, Ltd., also offers clients the option of hiring our firm for unbundled legal services.  Such limited-scope services are charged on a per-task, flat fee basis, such as a single court appearance or the preparation of a single legal document.  This often can be viable choice for clients on a limited legal budget, but who still recognize the need for legal representation.  Visit our website at http://www.lawpracticeltd.com for more information regarding our legal services or contact our office at (702) 871-6144 to schedule an appointment with one of our family law attorneys. 

College Tuition

Unlike some other states, Nevada does not require a parent to pay for college tuition or other expenses of a grown child.  This is because child support stops when the child turns 18 years old  and/or graduates from high school.  If you want to have your spouse pay for the cost of college, etc., you must negotiate this as part of your divorce settlement.  For further information, call Law Practice, Ltd., at (702) 871-6144 or visit our website at http://www.lawpracticeltd.com