Category: Domestic Partnerships

Surratt Law Practice, PC is a Reno, Nevada firm that can represent you in drafting and/or negotiating a prenuptial or postnuptial marital agreement. Prenuptial agreements are a tool to address property and asset division before a relationship goes “sours” when the two people still care about each other.
Divorce can be an expensive endeavor. It can be worse when the married couple is drowning in debt. Paying for the lawyer and setting up a new household after divorce, are just a couple of the big things that siphon proceeds from your pocket as well. Legal bills and court costs come even before a person gets their share of property, child support or alimony. Because of this, it is very helpful to make sure to take care of the financial expenses by way of proper planning. While it is stressful, the freedom you will get down the line will be worth the struggle.
This is one of those “touchy topics” that I find clients get stressed out about. There are emotions loaded in this term that make asking for, and paying, alimony particularly difficult to deal with. In Nevada, there are situations where family law attorneys can tell if a case is an “alimony case” or not. First, alimony is not required. There is no law that mandates this must be put in place. However, if the divorcing couple’s particular circumstances warrant consideration for alimony, it would be odd not to consider it when it factually makes sense.
If you are thinking about pursuing an adoption, make sure you start to start and document all of your expenses related to the process. In the United States tax code provides an adoption credit for qualified adoption related expenses for each child adoption. The IRS just released the 2020 adjusted through their Revenue Procedure 2019-44 report. The maximum tax credit allowed in 2020 is set at $14,300 per child (in 2019 is was $14,080 and $13,810 in 2018). In addition to a credit, the IRS does allow an exclusion from income for employer provided adoption assistance.
For married couples, an issue that arises often is this: One party might have better credit, or, a property was purchased with help from family. Later, a new loan is needed to get more favorable terms or remove the family members from title or the loan. Thus, one spouse asks the other to sign a deed prepared by the title company, at the request of a lender, so that a new loan or refinance can be acquired. If you sign a deed on a property giving your interest to another, spouse or otherwise – be prepared for the court to force you to honor the terms of the deed. It will not matter if you did not intend to give away your interest. Absent a clear contract signed by both parties spelling out the reasons for the deed, it will likely be considered a gift – period.
As a greater number of jurisdictions grant same sex marriage, there are a growing number of couples in non-recognition states traveling to those states for marriage. They then return to their non-recognition state of residence. Upon needing a divorce, they are then learning that their state may not be willing to grant the divorce and they do not meet the residency rules to obtain a divorce in any other location. It is a growing problem. In response to the growing problem, many states and countries, Canada, have started to modify their jurisdiction rules to provide exceptions for these couples.


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Our Lawyers

Kimberly M. Surratt
Melissa L. Exline
Travis H. Clark
Abigail L. Jaquette