Category: Blog

Divorce often requires a complete reorganization of a person’s life. Reconsidering previous decisions regarding estate planning is an often overlooked part of the separation process. Before the divorce, a couple may have curated an estate plan that integrated life insurance policies, trusts, wills, and retirement accounts or plans. In a time of separating lifelong assets, individuals need to consider several factors when revisiting estate planning upon divorce finalization.
Child custody agreements in Nevada address legal custody, physical custody, and visitation schedules. Typically, joint custody is favored when possible, unless it is not determined to be in the best interests of the child. When separated parents are on amicable terms, parenting agreements are generally constructed by the parents with assistance from a mediator when necessary. If there is a dispute that cannot be resolved outside of court, a Nevada judge will make a custody decision in the best interest of the child.
Nevada is a “No Fault” Divorce State. What that means is that one party must assert that the parties are incompatible in marriage, and they can no longer remain married. The Court rarely, if ever, inquires further. It is enough to say that we cannot be married anymore and the Court will make a finding that the parties are incompatible and grant a divorce. This is not the case in every State.
For lots of parents, while many things about divorce are extremely difficult, one of the most heart wrenching is the thought of spending holidays apart from their children. There is no way around it, being away from children on the holidays can be heartbreaking. Unfortunately, for most people going through a divorce, it is a reality. While some lucky families are able to reach a place where they share holidays together with their children, the majority of divorced families divide the holidays and the children transition between parents’ homes.
Every parent going through a divorce worries about the impact it will have on their children. And with good reason. Divorce is difficult for everyone in the family, and for the children of divorce, they are without control and the impact of the changing family dynamics can be magnified as a consequence. Every parent going through a divorce wishes to do what they can to minimize the impact and disruption on their children. Unfortunately, many parents, despite their best intentions, simply are unable to act consistently in their children’s best interests. Particularly when the divorce is ongoing and the dynamic between parents is negative.
After significant amounts of work from the Committee to Review Child Support Guidelines, Nevada law is about to change significantly when it comes to calculating child support. This is just a general overview to brace those of you out there who are interested in this topic and more details will trickle out as we wrap our arms around these changes. But, first, after the changes make their way through the governmental process, the location where the law will be is going to change. Look for the law in Chapter 425 of the Nevada Administrative Code. This was done to allow more flexibility to make subsequent changes to Nevada’s child support law in the future. The goal is to allow the law to be modified down the road without the complexity and hurdles that impact modifying the Nevada Revised Statutes (i.e. sausage making at its best in Nevada’s biennial legislature).
Judges are people. No kidding. However, sometimes it is easy to forget that when we are in the throes of a divorce or custody battle. It is easy to chremamorph (attribute the qualities of an inanimate object to a human) a Judge. “The Judge is an automaton!” It is easy to believe “they have it so good” and “they do not know what I am going through.” Nevertheless, and as hard to believe as it may be, Judges have lives like you and I, they have gone through divorce, custody battles and paid alimony. They know all too well what the parties feel when we enter their courtroom.


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