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Las Vegas Divorce Law Blog

Common divorce mistake: Getting advice from family and friends

There is no one as dear to you as your sister. Or maybe your closest confidant is the guy at work who has apparently been everywhere and done everything. Other people turn to their best friend from their college days, their parents or a member of the clergy. All of these people can play vital roles in your life, giving you great advice on a number of personal issues you won't share with anyone else.

But one of the greatest mistakes made by people about to embark on divorce is to take or seek legal advice from well-meaning friends, family and co-workers. Not all advice is good advice, however. In a divorce, it's wise to remember that your Las Vegas family law attorney is the best source of advice, just as when you have eye problems, an ophthalmologist is the person to go to for advice.

Resolving child support issues

Divorcing parents in Nevada have a wide array of challenges before them as they begin to prepare for new lives. Some couples will opt to share custody, while others will decide on an arrangement involving a custodial parent and a noncustodial parent with visitation.

In either situation, child support might be ordered by the Clark County court. Before that decree is issued, however, a parent has work to do with their family law attorney who will help ensure that child support is fair.

Why get a legal separation instead of a divorce?

When a marriage is faltering, spouses discover that they have a variety of options at their disposal. Many will try counseling to try to mend their differences, while others will experiment with trial separation. Still other couples come to the realization that their marriage cannot be repaired and opt for a divorce.

Another option that works for some couples in Nevada is a legal separation. It is often the end of their relationship as partners in life, though their marriage is not legally ended. The concept of legal separation can be confusing, causing some folks to ask: Why get a legal separation instead of a divorce?

Divorcing parents can be superheroes in their kids' eyes

Superheroes are often idolized by young children. Superheroes do good deeds not only with super powers, but also with flair, great outfits and nifty sayings. Remember the Teenage Mutant Ninja Turtles? "Cowabunga!" they would yell. And Thor would exclaim "Odin's beard!" Superman vowed to fight for "truth, justice and the American way."

A Huffington Post columnist writes that divorcing parents can be superheroes in their splits from their spouses. But they, too, need to live by certain creeds and do good deeds in order to shine in the eyes of their children.

Sun setting on two-star marriage

You might remember a news story from about a year ago about Ben Affleck. He was in a Las Vegas casino playing blackjack when management approached him with allegations that the actor-director was counting cards. The star of the upcoming "Batman v Superman" was asked to leave.

Now Affleck is reliving the experience on a much bigger scale, as his wife, Jennifer Garner, is pointing him toward the door. The couple together more than a decade is getting a divorce. Garner wants the split because she is apparently tired of counting her husband's infidelities.

A prenuptial agreement provides important protections

When two people decide to marry, there are many matters to consider, plan and decide upon. While many engaged couples become engrossed in the wedding planning process, it's also important to consider what comes after the wedding.

A prenuptial agreement is a legal contract that individuals who plan to marry can use to define ownership of and responsibilities for assets and debts. Many people wrongly believe that prenuptial agreements only serve to benefit the very wealthy. In reality, regardless of assets or age, every individual who plans to marry can benefit from the protections provided in a prenup.

Seeking to relocate with a child? Prepare for court scrutiny

Relocation with children to another state whether between married or unmarried couples requires extensive planning.  The moving parent needs either written permission from the nonmoving parent or a court order.  A court order involves an evidentiary hearing or trial unless the case settles.

Judges take relocation seriously due to the huge impact a move has on the non-custodial parent's rights to co-parent and be involved. A Nevada judge will zero in with laser-type focus when a contested matter before him or her involves the would-be relocation of one parent and a couple's children to another state.

Do you have to wait 3 years to get child support orders modified?

It can be difficult at times for most people to be as patient as they would like to be. Standing in line at a grocery store, waiting for a parking spot and counting the minutes in a doctor's waiting room can all try a person's patience.

But when a parent believes they have good reason to have a child support order modified, it can be very difficult to be patient. And when Nevada residents learn that the state has a three-year waiting period after a support order is issued before it can be modified, it can also be difficult for a parent.

What impact will divorce have on your estate plan?

Nevada is one of nine community property states. That means, if you get divorced in Nevada, the assets acquired over the course of the marriage are regarded as community property to be equally divided, unless ther is clear and convincing proof to the contrary. Likewise, debts acquired during the marriage are presumed community debts.

While an even split is the idea, often the division of complex assets requires careful analysis and negotiation to reach a fair settlement, and the outcome may not be a 50-50 split. With that in mind, it is important to understand the potential long-term consequences of property division and how divorce will affect your estate plan.

Divorce: It is never really final (for parents)

It isn't over until it's over. The timeless wisdom of Yogi Berra applies not only to baseball, but also to divorce involving parents.

The vast majority of parents care about their level of involvement in their kids' lives. They don't allow divorce to deter them from being a loving, involved mom or a loving, involved dad. So a divorce is never really final for them, a Huffington Post editor writes.