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Las Vegas Divorce Law Blog

Are you a victim of financial abuse?

Most people think of the abuse of one spouse by another as physical in nature or perhaps verbal or emotional. However, some people are victims of financial abuse. Often (in fact 99 percent of the time) people who are physically abused are also financially abused. Both, after all, are means of controlling a spouse or partner.

Most financial abuse victims, particularly women who are older and grew up during a time when husbands controlled the pocketbook and bank accounts, may not even realize that they are being abused. While victims of physical violence may be afraid to leave their spouse, victims of financial abuse may not have the money to do so or the good credit necessary to make it on their own and take care of their children.

Examples of complex property division

In a divorce, Nevada residents want to retain as much money and assets as possible. However, the division of substantial assets can be difficult to apportion. That's why high asset divorces usually involve what family law attorneys refer to as "complex property division."

Here are a few common examples of complex asset division:

Reasons people don't leave abusive relationships

Those who are not in abusive relationships often wonder why people who are being victimized by domestic violence don't just leave. Unless they're not being physically restrained, why not just take the next bus out of town?

The situation is very complex. Part of the confusion from those who have never been in this situation just comes back to their lack of experience and failure to understand those complexities.

Taxes and splitting up investment assets during a divorce

When a couple shares their investment accounts, those assets will likely need to be split up during the asset division process in a divorce. However, splitting up assets in an investment account is not as easy as looking at the value of the investments. Couples also have to consider the potential tax liabilities or tax write-offs attached to those investments.

Spouses must factor in the tax consequences associated with large assets that they plan to split in their divorces. For example, imagine you and your spouse own a house together, and the house has declined significantly in value from when you originally purchased it. However, you own a portfolio of stocks, and those stocks have increased considerably in value.

Can a more personal touch bring in overdue child support?

Government agencies around the country use a number of methods to collect overdue child support. Here in Nevada, drivers, business and recreational licenses can be revoked if a person fails to pay child support. Money can be taken directly from people's paychecks. In some cases, those who get seriously behind on their obligations can face jail time.

Child support enforcement agencies (CSEA)don't have a warm and fuzzy reputation because their job is to collect money needed by custodial parents to take care of their children. However, a new federal program being tested by eight local CSEAs around the country is seeking to determine whether working more closely with parents to help them resolve their payment issues may produce improved results.

Nevada: The go-to divorce destination?

If you're considering divorce, you might be interested to know that Nevada was the leading state for divorce for decades. In the 1930s and into the 1960s, it was the go-to destination for spouses to bring their marriages to a close. The state had some of the easiest divorce laws on the books for that period. All you needed to do was live in Nevada for at least six weeks, and you'd be granted a divorce.

There were nine primary grounds by which Nevada would offer divorces in the 1930s. Those reasons were:

The lifelong impacts of childhood exposure to domestic violence

Children who are exposed to domestic violence can be negatively impacted by it throughout their entire lives, even if they are never physically abused themselves. It's estimated that 3 to 4 million American children and teens are at risk of witnessing domestic violence.

Many children who are exposed to physical, sexual or emotional abuse of a parent or loved one are too afraid to say anything, even to a trusted teacher or friend. However, the impact on them can exhibit itself in a number of ways. Some children become violent and angry themselves, bullying other kids. Others become withdrawn and depressed. They generally feel some sense of guilt themselves.

What if I co-mingled my inheritance money with marital assets?

In the state of Nevada, inheritance money falls under the category of "separate property." It's not subject to asset division during a divorce, unless the spouse who received the inheritance co-mingled it with marital assets. Co-mingling of an inheritance happens when you deposit your inheritance money into a joint marital account, or when you use the money to benefit both you and your spouse or your family.

It's challenging and unclear to determine what part of a co-mingled inheritance is yours and what part belongs to the marital estate. From a logical perspective, this is why Nevada family law courts tend to view co-mingled inheritance money as a part of the marital estate. However, depending on your situation, you might be able to save some of your co-mingled inheritance money.

Making sense of the legal separation filing process in Las Vegas

When a couple decides to pull the plug on their relationship, it's not all that uncommon that there may be hurt feelings between the pair which may, in turn, cause there to be legal wrangling involving financial matters, rights to housing, and other issues. It's during this time that couples can easily fall into the trap of assuming that no formalized agreement needs to be put in place to document this new chapter in their lives.

If you and your spouse have children, only one spouse works outside the home, or you share property or finances, these are just some of the many reasons you'll want to seek to file for legal separation in your case. Also known as a separate maintenance, this type agreement is a legally binding document outlining a temporarily enforceable road map couples can follow until their divorce is done being negotiated.

When will a judge award primary physical custody?

Sometimes parents can't come to agreement on who will receive primary custody of the children. If you're in a battle over custody like this, and you want to make sure you retain your custodial rights, you may want to review what the law says about the matter. This article will review the usual circumstances under which a judge will award primary physical custody to just one parent.

A Nevada judge can give primary physical custody to only one parent, or split the physical custody between both parents. In most cases, when a judge awards primary physical custody to one parent, the following circumstances may be true: