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Las Vegas Divorce Law Blog

The pain of financial infidelity

April 15 has come and gone, but as any accountant can tell you, tax problems can linger far beyond that point on the calendar. For couples who divorce, tax problems are unfortunately "surprisingly common," said a family law attorney recently in an article on taxes and debt.

The problem in many divorces is that one spouse neglects to pay taxes they owe, dragging their former partner into a case of "financial infidelity," the lawyer said.

Destination: Divorce

Someone is always coming up with a new twist on a familiar product or service. We recently read an article about a company providing what it refers to as destination divorces. The couple jets in for a three-day stay at a hotel and spa, where family law attorneys work out the details of their divorce.

Afterwards, (in theory, at least) everyone is relaxed and everything is settled. Of course, many experienced attorneys will tell you that any number of issues such as child custody or property division (or both) can create complications that last far beyond an extended weekend, no matter how nice the pedicure is at the spa.

The importance of properly preparing for child support matters

Among the things that will generally occur in a divorce case in which the divorcing individuals have minor children is that one of the two divorcing individuals will be ordered to pay child support. Here in Nevada, when a child support award is made through a decision by a court, the amount of the award will generally be dictated by the state's child support guidelines.

The things Nevada courts generally take into account when applying the guidelines in a child support case include the income of the receiving parent, the income of the paying parent and how custody time is split between the two parents. The state's child support guidelines are very complex and their application can be quite complicated.

Relocation With Children After Divorce

Family courts in Southern Nevada are literally filled with divorce and post-divorce relocation cases.  Parents are not permitted to relocate to another state with their children in Nevada without written consent of the non-moving parent or a court order if such consent is refused.  Because it is easier for a parent who has primary physical custody to relocate with the children after divorce, a lot of parents who would otherwise not contest custody are seeking joint physical custody because they are scared their children will be moving if they are allowed to live primarily with the other parent.  

What will be decided in a Nevada divorce?

The Final Four won't be decided and the next presidential election won't be decided in your divorce, but many important issues will be finalized as your marriage comes to a formal, legal end in a Nevada courtroom. What will be decided? Most important if you have children will be issues of custody, visitation and child support.

Also to be decided: how your property will be divided (including debts), and whether spousal support will be awarded. Perhaps the scariest part of what can be an intimidating personal and legal process is that if you and your spouse cannot come to agreement on these issues, a Clark County judge will decide the final resolution of these matters before the court. Even lawyers that do not specialize in fmaily law are confused abouthe the broad discretion afforded judges in family law matters.  It is imperative that each diiovrcing person seek at least a full consultation with a  divorce lawyer before embarking upon settlemtn negotiations with their spouse, or litigating the matter in family court. There is no one that will not learn vaualbe information fron the experience of a seasoned practitioner. 

Why might someone prefer annulment to divorce?

Her name can evoke everything from laughter to lust. But a mention of Pamela Anderson can also trigger some interesting legal questions, especially considering recent developments in matters surrounding a possible divorce from husband Rick Salomon.

According to media accounts, Anderson and Salomon are separated, with both agreed that their latest attempt at marriage has failed. They were first married in 2007, but had the union annulled just two months later. Apparently the couple remarried early last year, but now Anderson seeks a divorce and Salomon is reportedly interested in getting another annulment.

There are a lot of reasons a couple might consider annulment. There is no community or marital propoerty to be divided; and no alimony will be awarded. There is no "marriage penalty in filing taxes" and with an annulment, niether party is responsible for the other;s debts or misdeeds.  the reason is, if he marriage is legally annuled, then their really was no marrriage.  For those same reasons, most commonly, one of the parties objects to an annulment and prefers what a divorce will yield.  

Peaceable divorce dissolves into proxy war

When Steve and Elaine Wynn divorced five years ago, it was said by some at the time to be the most expensive divorce in U.S. history. They amicably split down the middle his portion of the famous Las Vegas casino and hotel business they had co-founded.

But the friendliness of their parting may itself be falling apart, as Elaine Wynn fights for her seat on the board of the $13 billion Wynn Resorts she and her ex-husband built during their 46-year marriage.

Bill before Nevada legislature would change some divorces

There are several bills before the Nevada legislature that could significantly impact divorce law.  They include a bill that will lengthen Nevada's 6 week residency requirement that some people feel creates a "divorce mill" in Nevada.  Other bills include insulating military disability income from spousal support, changing the relocation standard for removing children,and requiring mandatory mediation for property division issues ( like we do for custody issues). The legislature may be over-reaching.  In the desire to reduce conflict, or to protect veterans, the legislature could be hurting military wives.  And the less informed spouse could be harmed by over-simplified property mediations if lawyers are not required to serve as mediators. 

Survey: 4 out of 5 businesses worry about asset protection in divorce

Las Vegas business owners are understandably concerned that someone might one day walk onto their property, stage an accident and file a lawsuit in an attempt to collect damages. We have all heard of these kinds of lawsuits and can understand why businesses would purchase protective insurance to guard against ruinous losses.

But business owners also worry about losing assets in a different type of legal action: their own divorce proceedings.

Las Vegas Metro Police to disband domestic violence unit?

While police departments across the nation are adding domestic violence units made up of cops with specialized training, the Las Vegas Metroolitan Police Dept. is preparing to disband its 14-member unit. The move is part of Sheriff Joe Lombardo's plan to get officers closer to the communities they serve, but some community leaders and Clark County domestic violence advocates are not enthused.

The Las Vegas Review Journal reports that the unit's dozen detectives would be reassigned in the move, taking on a wider variety of cases while the rest of the department's detectives would divide domestic violence incidents.