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Las Vegas Divorce Law Blog

Can you and your ex be together over the holidays for your kids?

The holidays can be one of the most stressful times for many divorced parents. They want to spend part of these special holidays -- whichever ones they celebrate -- with their kids. However, they often end up with their children away with the other parent for part of the time.

Some parents get along well enough to share the holidays with their kids as a family. Recently, actress Drew Barrymore told reporters that she and her ex-husband, who divorced this year, will be going on an "adventure" together over the holidays with their two young daughters. They already spent Halloween together with their kids.

Are divorce rates higher or lower than the past?

There's good news for couples planning to get married, whether it's for their first time or second time. The national divorce rate is said to be at it's lowest in over 35 years. Furthermore, marriage is getting more popular too. There are currently 32.3 marriages happening for every 1,000 single women 15 years of age and up per year. This is up from 2014's figure of 31.9.

According to a representative from Bowling Green State University's National Center for Family & Marriage Research, divorce rates have been quickly declined down to the current figures of 16.9 per 1,000 couples. 2014's figure was 17.6 and 1980's figure was 23, just to put this number in perspective.

63-year-old man charged with murdering 47-year-old girlfriend

Domestic violence is a serious crime that is often goes unreported. In many instances, the abuse continues and can become increasingly more severe. This is only one of many reasons that domestic abuse should be reported.

While it's not known if there were previous instances of domestic violence involving a couple in Las Vegas, Nevada, this instance ended in the death of a 47-year-old woman by her 63-year-old boyfriend.

Can I change the name of my children after a divorce?

Many Nevada parents who end up with full custody of their children may wish to change the last names of their children. For example, mothers who changed their names upon marriage, often choose to revert to their maiden names, and when doing so they consider changing the names of their children as well. What does the law say about this?

Traditionally, it has been held that the father of the children will have the legal right to insist that his children keep his last name. That is, if the father fulfills his parental duties. However, in the modern era of child custody rulings and same-sex parenting, the notion of the father's right to bestow his name upon his children could be waning.

Preventing many financial problems during legal separation

Most states allow married couples who just aren't ready for divorce to file for a legal separation. The reasons for wanting this separation can be numerous, such as because of health care coverage, religious readings, Social Security benefits or family benefits among other things.

Legal separations, however, can have a dramatic effect on your finances. Normally, couples will still have to divide assets, such as bank accounts and non-retirement accounts.

Avoid the most difficult aspects of divorce with a prenup

The pain and heartache of divorce are virtually unavoidable. However, the worst of the legal difficulties can be prevented in many cases if the couple entered into a prenuptial agreement before getting married. A prenuptial agreement is a special contract signed prior to marriage that allows couples to set specific terms for their marriages as opposed to letting Nevada law do this for them.

In this regard, one could look at a prenuptial agreement as a "last will and testament" for a marriage. When a Nevada resident creates a will, it allows him or her to take control over the division of his or her assets amongst heirs following death. He or she can also indicate she shall take care of his or her children following death. Without a will, a Nevada estate will be divided in accordance with predetermined estate laws, which may not reflect the true wishes of the estate planner.

Divorce doesn't always end domestic violence

We've just come to the end of National Domestic Violence Awareness Month. It doesn't get as much attention in October as National Breast Cancer Awareness Month. However, it's a problem that needs to be spotlighted and understood because it affects so many people -- mostly women. In his proclamation declaring October National Domestic Violence Awareness month, President Obama wrote, in part, "When anyone is targeted by someone they place their trust in, we have a responsibility to speak up."

We generally associate domestic violence with physical abuse. That is certainly a serious problem, and one that leads to too many deaths every year. According to the National Coalition Against Domestic Violence, one out of every five women has been severely abused by an intimate partner, and every nine seconds, a woman is beaten or assaulted. However, domestic abuse can include emotional and financial abuse.

Dividing a family business in Nevada divorce proceedings

Nevada couples who are running family businesses may not feel wealthy at all, but their businesses could be extremely valuable when it comes to getting a divorce. Indeed, the asset division process when a family business is involved can be complicated and difficult to navigate -- especially if one spouse considers the business to be his or her own personal property.

A lot of times, if one of the spouses owned the business prior to marriage and ran and managed the business during the marriage, that spouse may feel like he or she should not have to split the business assets. However, if the business grew and increased in value during the course of the marriage, those value increases will need to be divided in the divorce process.

Some common and dangerous myths about kids and domestic violence

If you're a parent in an abusive relationship, you may believe that by leaving your abuser, you'll spare your children from further harm. While leaving an abusive relationship is certainly crucial to your safety and that of your children, it's not necessarily the end of your problems. There are some common, and potentially dangerous, myths about domestic violence, its impact on children and even on how it affects custody decisions.

Many parents believe that any emotional damage to children from witnessing one parent abuse the other will heal once the abusive parent is no longer around. However, the Centers for Disease Control and Prevention has found that people who grew up in homes with domestic violence, whether they were the direct victims or not, are at greater risk for physical and mental health problems as adults and more likely to act out violently themselves. That's why it's essential to get your children the psychological help they need to process what they've witnessed, even if it's no longer occurring.

What will happen to my art in my divorce?

A lot of Las Vegas couples collect art together, and in some relationships where one of the spouses is an artist, they create art. Interestingly, art that is both created and collected during the course of a marriage will be considered as marital property during divorce proceedings. That means that both these categories of art will need to be divided.

This need to divvy up art can create a lot of headaches -- because different spouses may have different opinions about what the art is worth, and art can have both sentimental and actual value. To make matters even more confusing, a lot of art appraisers will have varying opinions about the true value of the art -- and those differences could be to the tune of tens of thousands of dollars.