Divorce and Criminal Questions Asked and Answered with Louis Schneider

Some legal information that we offered for free on our last show.

When getting an amicable divorce (also called uncontested divorce) in Las Vegas, even though Nevada is a community property state, the parties can divide up the assets and debts any way they want because of the constitutional right to contract that Nevada takes very seriously, even among spouses.  There are several caveats, however, such as that the agreement should have waivers and full disclosure clauses. When undergoing an uncontested divorce, a Las Vegas family law attorney is recommended.

When someone dies without a will in Nevada, the property is divided according to the intestate succession statutes per stirpes.

Marijuana is legal in Colorado and Washington.  What if a person uses it in one of the states that it is legal in and then comes to Nevada and gets injured on the job?  Can the person be fired for having the pot in his system?  If you smoked a joint five days ago, you would still be under the influence according to Las Vegas DUI laws--it would still be in the blood stream.

Hit and Run in Las Vegas Advice

Its raining in Las Vegas.

There are a lot of drivers that do not have insurance, are driving under the influence, or are in the country illegally.

Rain increases the number of car accidents.  It also increases the number of people who hit and run.

The moment you get hit, the first thing you should do is memorize the license plate number of the car that hit you--before it disappears.

The person may have insurance or assets and the only way to hold them accountable is by finding them.

Even if they do not have insurance or assets, the police will track them down and make them pay.

Get the license plate number and call us for car accident legal assistance.

Modify Child Custody in Las Vegas

Perhaps you have a child custody court order in place that no longer works for your situation. The good news is you may be able to modify the child custody court order, however you will have to either get the consent of the other parent, or have a substantial change in circumstances such that a change of custody is in the child's best interests.

The following are examples of changes in custody:

     --  joint physical custody to primary physical custody
     --  primary physical custody to joint physical custody
     --  sole legal custody to joint legal custody
     --  joint legal custody to sole legal custody

Click for more about classifications of child custody.

When seeking modification of custody, it is important to consult with or retain a family law attorney.

United States Supreme Court Hearing International Child Custody Case

Family law such as divorce and child custody cases are usually kept at the state level.  Very rarely do the federal courts get involved.  The most common time a federal court has anything to do with a family law matter is in bankruptcy court when a divorced or divorcing couple is also going through bankruptcy.

For a case to go before the United States Supreme Court is rarest of all.  However, right now, the United States Supreme Court is determining the fate of a young girl in an international child custody case.  The father is a United States serviceman located in the United States and the mother lives in Scotland.  Both want the daughter with them.  

Allegations have flown back and forth in this case, much like most child custody case, including that the mother is known alcoholic and therefore the daughter's best interest would not be to be her care.  The mother was arrested for attacking a cab driver and domestic violence in 2010, and was deported in 2011.

Read more: http://www.foxnews.com/politics/2012/12/06/soldier-international-custody-battle-over-daughter-reaches-us-supreme-court/#ixzz2EI8FiE99

The major part of this decision will involve interpreting an international treaty called the Hague Convention. The Supreme Court's written decision in this case will have immediate and far reaching consequences on international family law disputes and a future article will have to be dedicated to that decision.

Federal Judge in Nevada Just Banned Gay Marriage

Judge Robert Jones, a federal judge appointed by President George Bush, just decided a case in favor of heterosexual marriage and denying homosexual or same sex marriage.

Judge Jones, who was educated at Brigham Young University, has been a federal judge since 1983 and has raised four children.  Judge Jones has never been a family court judge in Nevada.

His rationale in denying same sex marriage in Nevada is that he believes that if Nevada allowed same sex couples to get married, straight couples would stop getting married because they would no longer take the institution of marriage seriously. Thus, he states, Nevada has a rational basis for denying a fundamental right to marriage.  Judge Jones clearly believes that the institution of marriage should follow the religious and traditional definition of marriage.