Our Las Vegas Nevada family law attorneys understand that no legal matter impacts your life more than ending a marriage, especially if you have children. We are here to fight for everything you are lawfully entitled to plus much more.
For a FREE consultation with us right now, call Las Vegas Defense Group at 702-DEFENSE (702-333-3673). And keep reading to learn more aboutour services.
Our Las Vegas family law attorneys are privileged to be able to represent you in any of the following legal matters and more:
Nevada is a no-fault divorce state. The law recognizes three legal grounds for divorce in Nevada, including incompatibility. Some former couples may be eligible for a "quickie divorce" by way of a joint petition in Nevada, also called an uncontested divorce.
Divorce affects many important rights including the decision-making authority over your children and the division of community property in Nevada. Any property you obtained prior to marriage -- or that you acquired during marriage as a gift or an inheritance -- remains your separate property that your ex cannot touch.
Nevada law requires parents engaged in a custody dispute to attend mandatory mediation. If the two sides cannot come to an agreement, the Family Court steps in.
Nevada child custody law favors both parents sharing joint custody of their children. This is true even in Nevada custody cases of a child born out of wedlock.
But judges will agree to give one parent primary custody if that parent's attorney can show it would be in the best interests of the children in Nevada (NRS 125C.0035). And it is always possible later on to modify Nevada child custody orders if it would be in the children's best interest.
The amount of Nevada child support one parent owes the other is based on gross monthly income, the number of children they share, and statutorily-defined presumptive maximums. However, a good family law attorney may be able to persuade the judge that circumstances call for a far greater or lesser amount than what the Nevada child support calculator prescribes.
Alimony (spousal support)
The purpose of alimony in Nevada is to remedy any disparity in the earning potential of former spouses. To determine whether a spouse will be required to provide financial support to the other spouse, the court will look toward the relative financial condition of the spouses, the length of the marriage, each spouses' contribution to the community property, and other factors.
Premarital (prenuptial) agreements
Anyone getting married is advised to retain counsel to draft a premarital agreement in Nevada to protect his/her interests in the event of divorce. Splitting up can be much quicker and less traumatizing if the former couple had an enforceable prenup that spells out all their property and legal rights. The parties may also include Nevada alimony waivers in their prenup.
Separate Maintenance (legal separation)
Some couples opt to get divorced in all but name. Nevada's separate maintenance laws permit spouses to draw up documents to divide their assets and schedule child custody. Meanwhile, they retain many of the legal benefits of remaining married.
Biological fathers who are being denied their parental rights may be able to sue under Nevada paternity laws for custody and decision-making powers. Conversely, biological fathers who are denying their paternity may be sued by the other parent for child support.
Whereas divorce merely dissolves a marriage, a Nevada annulment retroactively invalidates it as if it never occurred. However, only certain marriages may be eligible for an annulment: An example is where one of the parties was unable to give meaningful consent to marry because he/she was intoxicated or forced under duress to get married.
Too often when a couple separates, the parents of a child fail to take into account the grandparents' rights in Nevada for visiting their grandchild. Nevada law acknowledges the important relationship that can exist between grandparent and grandchild. When visitation with a grandchild has been unreasonably restricted, courts may grant Nevada visitation rights to a grandparent if it is in the best interest of the child.
Adopting a child in Nevada is a very challenging process. Many administrative and procedural requirements must be met in order for a successful adoption to take place and to avoid adoption fraud in Nevada.
In many adoption cases, the biological parents must first have their parental rights terminated before an adoption may occur. This process for having parental rights terminated can understandably be contentious and fraught with emotion. An attorney may be essential to guide the adopting parents through the process so as to avoid a "Baby Jessica" nightmare custody battle.
Courts may impose Nevada guardianship powers when either:
- an adult is incapacitated (such as due to mental illness); or
- a parent is unable to care for his/her minor children
It is vital for all parties in these scenarios to have a skilled family lawyer fighting for their rights.
For many families, their fur-babies are like children. However, Nevada law considers pets as property for the purposes of dividing assets. An experienced family law attorney can help the parties come to a Nevada pet custody agreement for their dogs and cats.
Nevada surrogacy agreements are legal provided that certain conditions are met and they include specific details about the custody arrangements between the parents.
A quick internet search shows how fraught surrogacy arrangements can be when the gestational mother reneges on her agreement. Anyone entering into this situation needs an attorney to draft enforceable contracts and to fight for his/her rights in case one of the parties tries to rescind.
Now that same-sex couples are free to enter into Nevada marriages, the popularity of domestic partnerships have declined. But Nevada domestic partnerships are still a viable option for couples -- both same- and opposite-sex -- who are for whatever reason unwilling to get married.
Entering into a domestic partnership can provide people with the right to visit their partner in the hospital, make Nevada medical decisions on behalf of the partner, and receive a portion of the partner's property if they die without a will. The parties are advised to consult with separate attorneys to explain their rights as domestic partners and how it differs from marriage.
Legal name changes
People who get married or divorced can change their names through their marriage certificate or divorce decree. But people who petition the court for a legal name change in Nevada need to file several forms and possibly have the change published in the local paper. An attorney can take care of all this paperwork and procedure.
Cohabitation agreements and civil unions
A Nevada cohabitation agreement is a contract where an unmarried couple formalizes their property arrangements. It is similar to a prenup, except that the couple can enter into the agreement at any time. And like prenups, it is important that each party have his/her own attorney to protect his/her rights.
Cohabitation agreements often include a provision regarding palimony. Palimony in Nevada refers to property rights acquired during the romantic relationship as well as rights to financial support from the former romantic partner should the relationship end (similar to alimony).
A person can sue for palimony even if there was no written provision and just a verbal promise. An attorney can help the parties negotiate a resolution in palimony disputes.
Emancipation of a minor
On rare occasions, courts will sign off on the legal emancipation of a minor in Nevada if it is in the child's best interest. The child has to be at least 16 years old and either married or living apart from his/her parents or guardians. These cases are handled in juvenile court.
Nevada's state welfare system provides payments to foster parents for their foster children's basic needs. Anyone considering fostering a child in Nevada is advised to consult with an attorney to understand their rights and obligations and to help expedite the foster placement process.
Family and Medical Leave
The Family Medical Leave Act (FMLA) in Nevada requires many employers to give their workers time off to care for their newborns, sick relatives, or themselves if they fall ill. An attorney can help enforce these rights if an employer is balking at its obligations.
To learn more about the legal matters we handle, browse our A-Z library of Nevada family law practice areas.
Family Law Process in Las Vegas, Nevada
Most family-law related matters in Clark County are handled in Las Vegas Family Court, located at 601 N Pecos Rd., Las Vegas, NV 89101. Though in many family law matters, the parties involved never need to enter a courtroom, and their attorneys can handle all of the paperwork and court filings.
For instance, drawing up a prenuptial agreement does not require approval by a judge at all. And if a divorce is uncontested, the judge may sign off on it without a hearing.
Even when parties disagree over property division, child custody, or child support, their respective attorneys may be able to negotiate an arrangement without a court hearing or a trial through mediation.
In the rare event a case goes to trial, the format is similar to any other trial. But one major difference in family law trials is there is never a jury: The judge makes all determinations of law and fact.
Costs of a Las Vegas Nevada Family Law attorney
We know how to work efficiently and keep fees to a minimum. Ultimately, the complexity of each case determines the price and billing arrangement.
Relatively straightforward matters -- such as a prenup or an uncontested divorce -- can usually be paid with one-time retainer/flat flee paid upfront. But more intensive situations -- such as a contested divorce -- may require additional hourly fees.
Do I need a family law attorney?
In most cases, yes. When important familial relationships are threatened or damaged, emotions run high. For this reason, it is imperative to hire an experienced family lawyer who will view your case calmly and critically and ensure that your rights are protected to the fullest extent.
Family law issues affect important legal rights, including:
- A parent's right to visit their child.
- The distribution of a couple's property after a divorce.
- The paternity of a child.
- Arrangements for the care and support of a child.
- The right to visit a loved one in the hospital.
- The ability to adopt a child.
- A grandparent's right to visit a grandchild.
When the stakes are this high, it is very important to obtain experienced legal counsel for your family law matter.
Call Las Vegas Defense Group with your family law needs...
Whether you are getting married, divorced, fighting over child custody and support, or considering adopting a child, you need experienced and competent legal counsel protecting your rights. Our Las Vegas Nevada family lawyers are eager to talk with you for FREE on how we can help try to resolve your matter in the best way possible.
Call Las Vegas Defense Group anytime at 702-DEFENSE (702-333-3673) to get started. We are here seven days a week, 24 hours a day.
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