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Either party can leave the home at any time, however you would have the obligation to maintain community property. Divorce attorney Meredith Weiner explains in this video that as long as the spouse can afford a second residence and still afford to maintain the marital residence they can move wherever they would like.
Divorce attorney Rock Rocheleau explains how the courts use an A/B list to divide property. The courts will have one party write out two lists of personal property. There will be an A list and a B list. It is important that the property is equally divided on the lists because the second party will get to choose which list they prefer.
In this video, divorce attorney Meredith Weiner discusses how marijuana use can impact custody in certain circumstances. Courts will evaluate the level and frequency of use and the individual is using around your children. Although marijuana is legal, courts can rule based on the best interests of the children.
In a divorce the couples or the judge may need to make decisions on five areas; child custody, child support, division of assets, division of debts, and spousal support. Not every divorce will need to decide all five areas. Some marriages don't have children, or have not been married long enough for spousal support. Right Lawyers can be contacted at 170 South Green Valley Parkway, Suite 300 Henderson, NV 89012 or (702) 608-3139
The attorneys at Right Lawyers in Las Vegas specialize in helping clients resolve their divorces in the most favorable way possible. Often, the most important issue during a divorce is how to divide property and debt. In Nevada, any income and all property that the couple acquired during the marriage is community property, meaning the court will evenly divide it between the spouses. Examples of community property include real estate, vehicles, stocks, bonds and savings accounts. As you can imagine, it often becomes difficult to determine whether an asset is community or separate property. For example, many clients ask whether or not the court will evenly divide retirement plans. ...
Family Law attorney discusses modifying a child support order. For more than 10 years, the attorneys at Right Lawyers have helped Las Vegas residents during the divorce process. For spouses that have children, issues of child custody and child support take priority over everything else. Child support can affect both spouses for many years after the divorce. For instance, if a couple divorces when their child is 3 years old, the court may order child support for 15 years, until the child turns 18. It's nearly impossible that one of the spouse's financial situation will change during that time, so many people ask whether or not the court will alter the amount of child support in the ...
Family Law discusses the laws and process for relocating out of state with a child. The attorneys at Right Lawyers in Las Vegas specialize in complex divorces and post-divorce issues. No divorce that involves children is entirely simple, and divorce agreements that involve custody and child support tend to become more complicated over time. Changes in income, social situations and work obligations can all put strain on the custody agreement. In many cases, your agreement will affect the way you make life decisions. For instance, if a respected company offers you a desirable job in another state, you may need to consider how an interstate move will affect your ex-spouse before you commit ...
Family Law Attorney Stacy Rocheleau discusses the process for filing a divorce in Las Vegas, Nevada. Right Lawyers in Las Vegas specializes in divorce law and has been helping clients protect their rights and assets in court for more than 10 years. Although every divorce is slightly different, there are many steps of the process that remain the same for everyone. To initiate a divorce, you must file a complaint with the court. This involves filing various forms, paying a fee and submitting your documents to the district court. At this stage, you must list a "grounds for divorce," meaning you must tell the court why you wish to separate from your spouse. Then, the court requires that you ...
Only a person who has experienced a divorce can understand how emotionally trying it can be. Spouses don't spend their marriage believing they will divorce, so finances and assets become extremely intertwined, making it difficult to split. Furthermore, any divorce that involves children may require a very careful approach. Most legal action involves two strangers who were involved in a car accident together or an employee and their employer. Although these types of cases can be exhausting for all parties involved, divorce stands out as a particularly difficult process. No matter what type of relationship a person has with their spouse, there is an inherent amount of emotional investment ...
In this video, divorce attorney Meredith Weiner discusses if you need a custody order to leave the state. A party does not need a custody order to leave the state, however a party needs a custody order to bring his/her children out of the state. If you leave the state without your children you are making a stronger argument for your spouse to gain primary custody.
In this video, divorce attorney Rock Rocheleau discusses eviction of a spouse. In the state of Nevada, you would have to go to family court and file a divorce to get the process started. Then you would have to file a motion with the court asking for exclusive position of the home. Your claim would have to be deemed valid by the court would order the other spouse to move out.
Divorce attorney Meredith Weiner summarizes if you can evict your spouse from the house. You can file a motion for exclusive possession for the home. If the motion is granted, the party that was granted exclusive possession can change locks and passcodes. During the pendency of the divorce, the party with exclusive possession is the only party allowed to reside in the home.
Divorce attorney Meredith Weiner explains in this video when a party can modify child support. There are three events that can trigger a modification to child support: (1) a change in income of more than 20%; (2) any change in the custodial arrangement and (3) every three years a party can file a motion to reevaluate child support.
Divorce attorney Meredith Weiner discusses the importance of a Financial Disclosure Form. The Financial Disclosure Form is required to be completed by both parties and it lists all of their assets & debts and incoming & outgoing funds over the course of a month. This document helps the court decide financial support and child support.
In this video, divorce attorney Rock Rocheleau explains when a Malmquist calculation is used. The Malmquist calculation was derived from a case where one party owned a property prior to the marriage but during the marriage used income (which is community property) to pay the mortgage on the property. The judge ruled that a portion of the equity in the home should be considered community property. The Malmquist calculation would be used in this set of circumstances.
In this video, divorce attorney Meredith Weiner discusses who keeps the wedding ring after a divorce. Typically the wedding ring is considered a conditional gift, meaning it is given based on the wedding taking place. If the wedding does not take place, the ring should be returned. However if the wedding does take place then the ring is the spouses ring to keep.
Separate property is any property acquired by a party prior to the marriage. In this video, divorce attorney Meredith Weiner discusses commingling of separate property. Any property that moves from a separate property account to a joint account is subject to community property division in a divorce.
Divorce attorney Rock Rocheleau discusses the process for an uncontested divorce in this video. The attorneys will then start drafting documents for the spouses to review, the most important are the terms and conditions of the divorce. At that point, changes and edits can be made before finalizing the documents for filing with the judge.
In this video, divorce attorney Rock Rocheleau discusses an affidavit or resident witness. To file a divorce in Nevada, you must be a resident of the state. To prove residency, you have to find someone that has seen you living in the state for the past six weeks and have them sign an affidavit confirming this to prove residency.
Divorce attorney Rock Rocheleau discusses commingling of separate property in this video. Couples can enter a marriage with separate property. Once married, separate property can be considered community property if for example a separate bank account is changed to a joint account. You could prove separate property by tracing it to show it has not been commingled.
In this video, divorce attorney Rock Rocheleau discusses fixed fee divorce attorneys. Right Lawyers is a fixed fee divorce attorney. Fixed fees are based on specific tasks for the divorce. Other law firms may work on an hourly basis. The fixed fee amounts provided by Right Lawyers is the amount you will be charged even if the task takes longer than expected.
In this video, divorce attorney Rock Rocheleau discusses stipulated divorces. A divorce can be negotiated early in the process. However, it is important to start the procedure by filing the divorce and serving the other spouse. The served party has 21 days to respond to start negotiating or they may want to hire their own attorney.
Divorce attorney Rock Rocheleau discusses financial support during a divorce in this video. Nevada has a procedure to help with attorney fees or support called A Motion for Temporary Orders. The motion can ask for temporary support from your spouse who is making a higher income. The spouse filing the motion can also ask for support to help pay for an attorney.
In this video, divorce attorney Meredith Weiner discusses what happens if an asset is omitted from the Decree of Divorce. If you discover an asset was missing from the decree of divorce, you would have three years to file a motion with the court to adjudicate the asset. If you discover the missing asset after three years from the divorce, you have lost your opportunity to file a motion.
In this video, divorce attorney Rock Rocheleau discusses the cost of a contested divorce. Contested divorces start at approximately $3,500. The first step is for the attorney to file a complaint for the divorce and list all of the claims that the spouses is requesting. Depending on the complexity of the case, additional filings may be required for additional fees.
In this video, divorce attorney Meredith Weiner discusses what not to do during a divorce. Do not move or hinder assets during the time the divorce is taking place. When children are involved, do not post anything that would expose your private life on social media. This could possibly cause the other party to cast a negative light on your behavior. Also do not speak negatively about your spouse in front of your children. And do not bring your children to any meetings with attorneys or into the court.
In this video, divorce attorney Meredith Weiner discusses whether hiring an aggressive attorney would behoove you. You should hire an attorney that you feel you connect with and that you can be honest with. You will likely be sharing private information about your life so having that connection is important.