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Las Vegas Divorce Law Blog

Rapid-fire divorce celebrations

When a divorce becomes final, many people find it cathartic to celebrate the occasion with friends and family. After a divorce, some people throw a party where laughs and well wishes for the future are in order, while others trace a line of bullets across their marriage certificate, turning the once-cherished document into confetti.

Sound strange? It’s is nevertheless true, reports ABC News. A Las Vegas shooting range called Machine Guns Vegas is offering divorce celebration packages that enable participants to mow down marriage certificates, wedding gowns, tuxedos or anything else from your marriage that might be fun to riddle with bullets. (Obviously, your ex is not included among those items.)

Divorce brings tax-time changes for parents

Divorce changes just about everything for parents, from their time spent with their children to the dynamics in their families, their living arrangements, social lives, finances and taxes.

Forbes notes that if you ended 2014 as unmarried, earning at least half of your household’s income, and had your children living in your home for at least six months, you should file as the head of household. In most situations, this will lower taxes and raise deductions.

Research: talking through divorce helps

Everyone has had their heart broken. We all share that experience, but we have different ways of dealing with the pain. Some of us retreat into quietness and want time to be alone and reflect on what went wrong and why. Others deal with the end of a relationship by talking to friends and family about why the romance ended and the reasons for its demise.

A recent study published in Social Psychological and Personality Science indicates that those who talk through a divorce tend to get through the emotional healing process faster than stoics do. This is not to say there’s a right way or a wrong way to get through these intensely personal treks, but simply that researchers have noticed a trend (it is, of course, impossible to predict how one individual will react or heal).

A fresh start in a new year

The holidays are over. The tinsel has been taken down, the presents unwrapped and the pine needles swept away. It’s even starting to become natural to write “2015” instead of “2014.” For many people, the transition from the holiday season back to regular life means it’s time to finally tackle the big item on their personal agenda. The one that was set aside so that they could enjoy festive celebrations with family and friends, but now feels more urgent than ever: divorce.

A recent article in Forbes notes that the first Monday of the new year is known as “Divorce Day” because so many people begin the legal process of permanently separating from their spouse after the calendar turns. The phenomenon can be tracked in high-asset divorces as well as in splits in which fewer assets are at stake, but emotions run just as high.

Getting help with property division in a high asset divorce

A Las Vegas divorce can involve many complicated issues, including decisions about how assets of high value should be split up. Although Nevada is a community property state, specific assets may not need to be shared in a 50-50 manner as long as an equal value of the marital estate is assigned to each party. Local factors may figure prominently in the valuation of assets such as land or a home in light of real estate trends in the community. Effective legal representation may be important for ensuring that appropriate values are used.

Because community property is a significant issue, it is important to establish which assets are to be treated as marital holdings during the property division proceedings. Complicated assets such as retirement plans and stocks may require financial expertise as appropriate shares are determined for each party. Businesses can also raise challenges in a divorce, especially if both spouses have made significant contributions to the development and growth of a company. In some cases, it may be prudent to buy out the other party's share in order to minimize post-divorce complications. Legal support may be helpful as you weigh the options and make decisions based on how your future may be affected in different scenarios.

Protecting a business in a Nevada divorce

Many people that divorce in Nevada and elsewhere have businesses they own, sometimes started long before their marriages occurred. When a marriage falls apart and a divorce petition is filed, the question of the business will most likely arise during the property division portion of the divorce. Business owners should take steps to preemptively protect their business from a future division in the event a divorce occurs.

When a person comes into a marriage with an already established business, their spouse may be able to argue that increases in value of the business that occurred during the marriage should be divided between the spouses. Failing to adequately protect a business may lead to the spouse gaining half-ownership or taking over the business. It may also lead to a forced sale of the business in order to pay the spouse their ordered share of the assets.

Property division in Nevada divorce cases

When couples divorce in Nevada, a part of separating their lives will involve dividing the property they acquired while married. How that property will be divided is determined by the state's laws regarding property division.

Property will be deemed either marital or community property. Separate property is excluded from division. Such property includes items independently owned by one spouse prior to the marriage, inheritances granted to only one spouse but not to the other, gifts one spouse received and personal injury settlement amounts for a spouse who was injured.

The differences between legal separation and divorce

Legal separation and divorce have distinct meanings in Nevada. Some people choose to legally separate instead of divorcing due to several reasons. People may have religious beliefs that prohibit them from divorcing, while others may wish to separate with the idea they may, through work, be able to eventually reconcile and continue their marital relationships. Others may choose to legally separate for more practical financial reasons.

In a legal separation, the parties remain married but they live apart. Those who pursue a legal separation will still need to determine some important matters that will govern how the separation works. If a couple has children, custody and visitation will need to be arranged, and child support may be necessary. Although couples may live apart permanently when they are legally separated, they may not remarry and remain legally married under the law.

What court has jurisdiction over child custody?

Nevada parents may be interested in some of the factors that determine which court has jurisdiction in a child custody case. In some emergency situations, the usual rules may not apply.

The question of jurisdiction can have different answers depending on the location of the parties and what stage of the child custody process the parents are in. When the parents are seeking an initial custody determination, a Nevada court only has jurisdiction under certain circumstances. These include when Nevada is the child's home state at the time that the custody proceeding begins or at some point during the six months before, when one or both parents are still in Nevada. If another state's court has denied jurisdiction, a Nevada court may be appropriate if it is determined that either the child or one of the parents has a significant connection to the state.

Domestic violence defined

Sometimes, violent behavior in a couple's marriage can result in the filing of divorce or separation paperwork. If someone in the union is fearful that the violence may continue, a protection order may be sought from the court. An order for protection may be issued without the requirement of divorce or separation papers. Nevada residents may want further clarification of how domestic violence is described in state laws. A violent act may be in the form of battery, assault or the threat of such actions.

Battery includes punching and slapping. Assault is attempting or threatening to use physical force. Any reasonable fear of bodily harm may be viewed as assault. An act or threat of action to keep a person from doing something may be viewed as violent enough for the issuance of a protection order.