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.

What are high asset divorces?

Now that the stock market is recovering, investment accounts are rising in value, and deferred compensation is returning, high-income individuals facing divorce are again dividing assets instead of only debts.

The courts call divorces involving retirements and high-income individuals, “high asset divorce cases,” and it is crucial to retain a qualified divorce attorney who is experienced with both family law and high-income individuals due to the complexity of the assets involved. Married couples with accumulated property and wealth are considered “high asset” when there are pensions, cars, boats, real estate, securities portfolios, business partnerships, stocks, investments and bonuses to be considered in a divorce.

After you have hired your family law attorney, it is time to consider hiring a tax accountant and financial/tax specialists.

In high asset divorce cases, issues to consider include:

·      Actual legal ownership of all property prior to divorce
·      The actual legal ownership in the event of a settlement
·      The actual legal ownership following a trial and judgment
·      The tax considerations of dividing assets
·      Worth or value of all assets
·      Security clearance for certain jobs and the consequences of divorce, debts, bankruptcies, and foreclosures
·      Community Property
·      Separate Property
·      Gifts
·      Prenuptial agreements and ante-nuptial agreements
·      Post-nuptial agreements and marital settlement agreements
·      Which of the three would be most productive: trial, mediation, or settlement negotiations

When you want equal custody of your child or children in Las Vegas...

When you are facing a Las Vegas family law matter involving dividing your child or children, you must consider your parenting plan schedule that will work with your work or school schedule and that of the other parent. You may want to equalize the time-share, creating a fifty-fifty arrangement. We include below some examples of fifty-fifty time-share arrangements. 

Please realize, however, that you can have as low as forty-sixty time-share and still be consider a joint physical custodian of your child or children.   Also, the forty percent calculation is determined by looking at an entire year, not a week-to-week basis.  This law comes from the Nevada decision in Rivero v. Rivero.

Below we use “Parent F” and “Parent M” to refer to the two parents in a child division negotiation.

Alternating Weeks Parenting Schedule

This fifty-fifty parenting schedule is where the child is in the care of Parent F in Week 1 and in the care of Parent M in Week 2. This results in the child living with Parent M for 7 days in Week 1 and with Parent M for 7 days in Week 2.

5-2-2-5 Child Custody Schedule

This fifty-fifty parenting schedule is where the child is in the care of Parent F every Monday and Tuesday (2 days) and Parent M every Wednesday and Thursday (2 days) each week. The weekend time Friday through Sunday would be alternated (3 days) between the parents. This results in the child being in the care of Parent F for 5 days and Parent B for 2 days in Week 1 and in the care of Parent M for 2 days and Parent M for 5 days in Week 2.

3-4-4-3 Child Custody Schedule

This fifty-fifty parenting schedule occurs when the child or children is/are in the care of Parent F from Wednesday through Friday in Week 1 and Wednesday through Saturday in Week 2. The child would be in the care of Parent M from Saturday through Tuesday in Week 1 and Sunday through Tuesday in Week 2.

Sharing Holidays and Summer

It is common for the summer vacation time and holidays to be split between the parents. Many different manners of division of time-share for the summer time such as alternating weeks, alternating every two weeks, adding a larger block of time for vacation for each parent onto the regular schedule, etc. There are also many different ways holidays can be shared such as splitting the holiday time or alternating each year between parents. For example, the child can spend an agreed upon holiday with Parent F in even years and Parent M in odd years or visa versa.

The above are just examples of some common parenting plans for fifty-fitfy joint physical custody which can be altered and adjusted in many different ways to accommodate what’s best for the children, family situation and arrangements that are not an exact fifty percent timeshare.

Before you go to court or to mediation, you should consult with a Las Vegas family law attorney.  After your mediation and before you sign the agreement, you should consult with a Las Vegas family law attorney.  Failure to do so could result in legal consequences you may not have anticipated.

High asset divorce law firm

Couples facing divorce who have assets valued over $100,000, low debts, and no children, will likely fight over the division of these assets.  When love morphs to anger, an experienced divorce law attorney is important to provide objectivity and to fight for your rights.  If you do not get a divorce lawyer with years of experience, you risk losing your rights and could end up worse off than you were during the marriage.  Do not let this happen to you.

Call the Law Offices of Louis C. Schneider for assistance with your Las Vegas divorce.  Call as soon as possible and speak to no one else about your case except your Las Vegas divorce lawyer.  The more you talk about your divorce or child custody to people, the more potential witnesses there may be against you.  Do not post on Facebook, do not text, do not e-mail, and do not talk until you talk to us.

Call:  (702) 435-2121
Thank you for visiting our family law blog.

Free information regarding jurisdiction in Las Vegas for divorce

Las Vegas is a popular destination for divorce.  In Las Vegas, if you reside here for six weeks with the intent to remain indefinitely, Las Vegas courts can gain jurisdiction over your divorce.  However, if children are involved in the custody process, then jurisdiction would not be established for the child custody unless the children have resided in Nevada for six months.  If you have a desire to get divorced in Las Vegas, you should consult with a qualified family law or domestic relations attorney who is licensed to practice las in Nevada.

We offer the additional below advice free of charge, but it could save you years of grief:

Call the Law Offices of Louis C. Schneider for assistance with your Las Vegas divorce.  Call as soon as possible and speak to no one else about your case except your Las Vegas divorce lawyer.  The more you talk about your divorce or child custody to people, the more potential witnesses there may be against you.  Do not post on Facebook, do not text, do not e-mail, and do not talk until you talk to us.

Las Vegas divorce, Free Advice:

A Las Vegas divorce lawyer will assist you through your divorce proceedings and provide you the best possible representation given the situation. A divorce in Las Vegas is no laughing matter.  It can haunt you across state lines and over many years.  It can affect child custody, jobs options, and many other facets of your life.  In effect, divorce is like death and can be liberating or depressing and it can affect your finances and future happiness.

If you have been served with a divorce in Las Vegas, you should hire a lawyer with experience handling divorce.  Louis C. Schneider, has been representing Las Vegas visitors and residents of Las Vegas for many years and has handled hundreds of family law matters, including divorce cases.

You need a Las Vegas divorce attorney who has experience.  Your attorney will review your chances for obtaining custody of your children, possession of your belongings, alimony, and child support.  Furthermore, a Las Vegas divorce lawyer shall look for weaknesses in your opponent’s case. A Las Vegas divorce attorney will interview witnesses and all evidence you present and the other side discloses.

It is necessary for a Las Vegas divorce attorney to do the above steps in order to negotiate a deal or prepare for a divorce trial (evidentiary hearing).  It is important to treat your divorce aggressively to foster the best settlement possible or to improve success chances at trial.

We offer the below advice free of charge, but it could save you years of grief:

Call the Law Offices of Louis C. Schneider for assistance with your Las Vegas divorce.  Call as soon as possible and speak to no one else about your case except your Las Vegas divorce lawyer.  The more you talk about your divorce or child custody to people, the more potential witnesses there may be against you.  Do not post on Facebook, do not text, do not e-mail, and do not talk until you talk to us.

Call:  (702) 435-2121
Thank you for visiting our family law blog.

Can same sex married couples get divorced in Las Vegas?

It is possible to get divorced in Nevada if you were married in another state in a same-sex marriage.   

Need a family law attorney for a divorce in Las Vegas?  Call a Las Vegas divorce law firm at  (702) 435-2121.

The Law Offices of Louis C. Schneider recently divorced a same-sex couple in a Las Vegas District Court.  The judge found that the United States Constitution, Fourteenth Amendment, provides that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States […] nor deny to any person within its jurisdiction the equal protection of the laws.”

The court further found that “if there is state regulation impacting an individual’s constitutional rights, the burden is upon the government to show that the law is necessary to achieve a compelling government purpose.”

The judges ruled:

Cleary, same sex couples, either lawfully married in other states or wanting to become married, are similarly situated couples in relation to heterosexual couples, and therefore, are entitled to the same protection under the law.

An argument to maintain the “tradition of marriage” being between a man and a woman would result in maintaining the historical discrimination against same sex couples.  This argument would allow discrimination for the sake of tradition.  The U.S. Constitution does not discriminate.

The court found that is has “jurisdiction to divide property in this matter, and to divorce the parties under the full faith and credit clause, as [the parties] were married in California when California recognized same sex marriages."

Therefore, at least one family law judge in Las Vegas recognizes the power of a Nevada District Court to divorce same sex couples married in another state.  A precedent has been set, however it is possible that not all family court judges in Las Vegas would agree with this decision.

However, Nevada does recognize domestic partnerships, which after a few years would be treated like divorces in family court--therefore, it is possible that all judges could be persuaded to recognize out of state same-sex marriages for purposes to overseeing divorces.

When you consider that Nevada has also the most liberal jurisdiction requirements to get divorced, Las Vegas may be the place to come for a same sex divorce.  In order for a Las Vegas divorce court to have jurisdiction over a divorce, at least one of the parties has to live in Nevada for six weeks with the intent to remain indefinitely.

Your experienced divorce law firm in Las Vegas will fight to look out for your interest in a Las Vegas divorce court. You need a Las Vegas family law attorney who is experienced with divorce.  Las Vegas divorce attorney Louis C. Schneider who represents individuals in family law cases involving child custody and divorce.

Your family law firm in Las Vegas should be the Law Offices of Louis C. Schneider and Associates, which is located conveniently near the courthouse in Downtown Las Vegas.  Call a Las Vegas family law firm at  (702) 435-2121.

REQUIRED DISCLAIMER

The information about Las Vegas divorces contained on this page is not intended to be legal advice about family law.  A Las Vegas domestic relations lawyer should always evaluate your family law matter as soon as possible.  You should treat your divorce with the seriousness it requires and hire an experienced professional divorce law firm located in Las Vegas.