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

CO-PARENTING TIPS

It's unfortunate when two people find themselves in the midst of a divorce action; it is even more difficult when minor children are involved.  During the divorce, parents may fight over custody of the children, and children are often caught in the cross-fire during the battles and events leading up to the decision to divorce as well as during the divorce process itself.  

Once divorced, it is in the children's best interest for parents to cooperate with each other in order to co-parent.  This is true regardless of the actual time-share.  

Here are 5 tips for effective co-parenting:

1.   DO NOT put your children in the middle, and DO NOT use your children as messengers.  You need to make decisions on behalf of your children WITH your co-parent.

2.   DO NOT disparage your co-parent to the children or in front of the children.

3.  BE CIVIL to your co-parent.  You do not need to be your co-parent's friend; however, for the children's sake, speak respectfully to and about your co-parent, as you would a business associate.

4.  BE FLEXIBLE with your co-parent.  While you may have a set time-share, understand that your co-parent may desire to do something special with the children or wish to take the children somewhere which does not coincide with their scheduled visitation or custodial time.  If possible, do not be rigid in following the visitation schedule and deny your children the opportunity to enjoy this extra activity or time with your co-parent.   You can always ask for make up time. Your children will thank you.

5.   DO NOT treat your children as confidantes.  That's what your family, friends, or a therapist is for.  

A well-drafted co-parenting agreement is essential for divorcing parents. Contact Law Practice, Ltd., at (702) 871-6144 or visit our website at   http://www.lawpracticeltd.com for more information.

Stashing Cash

While parties are contemplating or going through a divorce, it is not uncommon for an estranged spouse to start stashing money around the house, in a safe deposit box, or with trusted friends or relatives.  By not keeping the funds in a bank or brokerage account, he or she is hoping their spouse will not know of the money's existence.  Pay close attention to transactions that involve cash vaporizing into thin air: large ATM withdrawals, depositing checks but receiving a large amount of cash back, or the sale of assets with no paper trail or no deposit to known bank accounts.  Understanding the common schemes that may be used to hide assets and income can help the spouse in the lesser financial position protect himself or herself in the divorce.