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.

No legal question is too big, no legal question is too small.

Asked and Answered questions and answers.

Question:

I left Ohio with a traffic warrant and now live in Nevada.  Will my warrant show from Ohio if I get pulled over?

Answer:

Yes.

Question:

If I slip on a broken jar of Mayonnaise in a store, can I sue?

Answer:

Yes.

Question:

Can you get arrested and go to jail for months for texting on a cell phone in Las Vegas?

Answer:

Yes.

Question:

Caller was approached to serve on board of HOA but wife is the only one on the title of the board.  Can he still serve on the board.

Answer:

Nevada is a community property state, so even if husband's name is not on the title, he is still a home owner and the HOA should not be able to stop him. Even if he has a long term lease to live there, that should probably be sufficient.

Question:

Wife put in a reasonable accommodations request with a local business, but the business denied the request under the American's with Disability Act.  Who is a good labor law lawyer to look at this?

Answer:

You need an employment or labor lawyer who works with the ADA.  There are no penalties built into the ADA.  There are a lot of laws to protect the casinos and the services oriented industries in Nevada.  Call 484-2222 for more information.

Question:

Had phone on speaker mode while driving and put the phone in his lap as he went through the intersection.  Cop wrote him a traffic ticket for not using a hands free device.

Answer:

Louis believes this is legit and the caller could fight because, what if you put the phone on speaker in your breast pocket--hands free.
Marc believes it has to be blue tooth or through the car speaker.  Marc offered to handle ticket for free.

Asked & Answered with Marc Saggese

Join Las Vegas attorneys Louis Schneider and Marc Saggese on Saturday, October 20, 2012 from 3:00 PM to 4:00 on the radio program "Asked & Answered with Marc Saggese" on KXNT which is on AM 840 or FM 100.5.  

Call in and have your legal questions answered for free.  The questions range from criminal to general civil, including family related legal questions--all absolutely free.

Parental rights termination proceedings require a clear judgment

Because even family law judges make mistakes in rendering family law rulings, it is best to have an attentive family law attorney represent you especially when your fundamental parental rights are at risk in a termination of parental rights action.

In April 2012, the Nevada Supreme Court ruled on a case involving termination of parental rights. The Nevada Supreme Court determined that the lower Nevada district family court must make express findings of fact in its written family court order, or on the record, when determining whether to grant or deny a petition to terminate a parent’s parental rights.  In that specific family case, the district court had failed to find facts by the clear and convincing standard required to terminate a parents rights:

The court stated:

A petitioner in termination proceedings has the burden to prove by clear and convincing evidence that termination is in the child’s best interest and that parental fault exists.  When a district court fails to make any findings concerning this standard of proof in its order or on the record, this court is unable to determine on appeal whether substantial evidence supports the district court’s ruling.  In the present case, neither the district court’s order nor the record contains findings of fact to support the district court’s conclusions, and thus, we reverse the order terminating appellant’s parental rights and remand this matter to the district court to enter its findings.  

 In re Parental Rights as to C.C.A., 128 Nev. Adv. Op. No. 15 April 5, 2012 

In this case, the family trial court had a two day evidentiary hearing and then failed to either give an oral ruling or a written ruling that explained the findings of facts and conclusions of law to warrant the court terminating your parental rights.

When you say to yourself, I need an attorney for parental rights, call us.

REQUIRED DISCLAIMER

The information about termination of parental rights contained on this page is not intended to be legal advice about termination of parental rights.  Your termination of parental rights matter should always best be evaluated by a Las Vegas family lawyer.  You should treat termination of parental rights with the seriousness it requires.  Just as you would not likely conduct surgery on yourself, you should not represent yourself in court regarding your termination of parental rights matter.  

At the very least, the best free advice a lawyer can give: consult with a local attorney—multiple times if necessary if you insist upon representing yourself.

When you say, I need a criminal defense lawyer in Las Vegas, call us.