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Las Vegas Divorce Law Blog

Gay couples moving to protect their parental rights under Trump

Even with marriage equality the law of the land, many gay parents still find themselves having to fight for custody or even visitation of children they've raised, sometimes since birth, because they aren't considered the child's legal parent. If a couple breaks up or if the biological or legal parent dies, the other parent can find him- or herself with no rights to access to the child or to make decisions involving that child.

Many lesbian, gay, bisexual and transgender couples who have children fear that under the Trump administration, their parental rights could be further eroded. He could potentially appoints one or more Supreme Court justices during his term who would overturn federal marriage equality and put it back in the hands of the individual states.

Community property in Nevada

Keeping as much of your property as possible is probably one of your priorities if you're getting a divorce in Nevada. There is also the question of responsibility for debts. Perhaps you feel that your spouse should be more responsible for certain debts incurred during your marriage. Since Nevada is a community property state, there are specific things you should know about asset division.

In Nevada, all property and income acquired during the course of a marriage are considered to be "community" property. Community property will be divided equally between the spouses during the divorce process. Yes, that means a 50-50 split. The same applies to debts and liabilities. If you or your spouse made a purchase on a credit card, then that debt will likely be split by both of your evenly.

The connection between divorce and domestic violence

It's not uncommon for divorce and domestic violence to go hand-in-hand. While men can be the victims of domestic violence, women are far more likely to suffer abuse at the hands of their husbands.

Sometimes it's because of domestic violence that women initiate a divorce. In other cases, the physical abuse doesn't begin until the woman makes the decision to leave. A husband's anger that his wife is leaving can escalate into violence.

Hidden assets and divorce

Nevada spouses might be surprised to hear how many times spouses try to hide assets during a divorce. In fact, at Kainen Law Group, we have seen cases where spouses engaged in elaborate plans of deception to hide large amounts of income and assets during marriage as well as during the divorce process itself.

The most important part of a divorce that involves hidden assets is the process of exposing the fraud. At the Kainen Law Group, when we or our client have any concern about the possibility of asset hiding, our firm will employ financial experts and forensic accountants to track down the money that has been hidden. During this process, we will leave no stone unturned to determine the when, where, how and how much related to the hidden assets that you have a legal right to in your divorce proceedings.

When living apart from your spouse, legal separation protects you

You think your marriage isn't working out, but you don't want to rush right out and get a divorce. You want a trial period, first, where you split up and live on your own. You think you might fix the marriage in time and don't want to be too hasty about breaking it off entirely.

If you want to do this, it may be wise to consider legally separating. In many ways, this is similar to divorce. You can address things like assets, debts, financial obligations and more.

International child custody and the Hague Convention

When parents divorce or separate, things get extremely complicated when different countries are involved. Let's say you're from Las Vegas, Nevada, and your spouse is from Paris, France. Your spouse might want to go home to Paris with the kids, and you might want to keep them home in Las Vegas.

As unfortunate as it sounds, from time to time a foreign parent will go home for vacation, bring the children along, then stay there and never come back. In these circumstances, the law protects the rights of the parent in the original country. Parents who are left behind like this can often assert their legal rights under the Hague Convention, which has been adopted by many countries.

Is your relationship abusive?

People who aren't in abusive relationships often assume it'd be very easy to know. If your partner hits you, that's abuse. End of story.

The reality, of course, is that it can be far harder to tell. The lines are not as distinct. Did your husband insult you for real, or was he joking? Did your wife really want to hurt you when she hit you, or did she not mean any harm? After an incident, a person may claim he or she never meant to do anything wrong, so it's important to know what signs to look for so you can read between the lines. Some things to look for include:

The truth about holiday domestic violence

We often hear that instances of domestic violence increase over the holidays, which makes sense. People are home from work on vacation, so couples are together more. They may have a home crowded with extended family members, further exacerbating tensions. Social drinking is more acceptable around the holidays, and alcohol often escalates arguments.

However, experts say that this common belief isn't borne out by the facts. Further, the belief that instances of violence rise during the holiday season indicates a misunderstanding of just what domestic violence is. It generally doesn't involve a "temper tantrum," but a pattern of behavior and the need to control another person, as one official with the National Network to End Domestic Violence notes.

Are you getting a divorce because of domestic violence?

When it comes to domestic violence, the abuser and the victim can become ensnared in a continual cycle of abuse and asking forgiveness. Psychologically, the victim might be in love with -- or dependent on -- the other side of his or her abuser who they know to be a kind and vulnerable person. This is one of the reasons why it can be so difficult to break the cycle. Relationships with domestic violence might also continue because the victim is afraid of what might happen if he or she finally stands up for the right to be free of abuse in his or her home.

A quick review of Nevada domestic violence laws, however, can empower victims to stand up for themselves against their abusers once and for all. Domestic violence laws apply to ex-spouses, current spouses, blood relatives, current and former romantic partners, people who share a child and other circumstances. The law considers domestic violence to have occurred when one of the following is committed by one of the above:

Why you should treat your divorce like a business deal

The new year always brings a large number of divorce filings. The head of the American Academy of Matrimonial Lawyers says that they increase by 20 to 30 percent after the holidays.

For many couples, the decision has been a while in the making. However, they didn't want to ruin the holidays for their kids and other family. Perhaps they thought some time spent together would help. In fact, it can have the opposite effect, particularly with the added stress that the holidays bring.