Why do I Need a Divorce Attorney?

When a marriage is ending, it can be emotional and overwhelming. How the divorce is handled will impact your life and your children’s life long after the divorce is final. Asking yourself questions like “do I need to hire a lawyer?” and “can I represent myself in court?” are valid concerns. 

We recommend talking with an attorney about your legal options before beginning the divorce process or immediately after finding out about the divorce if you are on the serving end. Learning how the divorce process works can give you peace of mind. A divorce attorney can advise how to protect your rights and interests, especially if your spouse is likely to disagree with your requests.

Unless your marriage lasted a very short time, you and your spouse have minimal assets, and you and your spouse do not have children, you should seek legal representation. Skilled legal representation will help protect your assets and property, child custody, and support needed for both you and your children. Most divorces are not so simple. For those representing themselves, it’s common to overlook legal issues like taxes, division of retirement assets, allocation of debts and other issues.

Nevada Divorce Lawyer

A Nevada divorce lawyer will help you identify these items and ensure your divorce settlement addresses all legal disputes.  For more information, contact Work Law for a free consultation or read more about the divorce process.

Do you have a right to Alimony/Spousal Support?

Alimony, or spousal support, is a court-ordered payment made from one party to the other party after divorce. Its purpose is to provide financial support for the party who was not working or earned substantially lower income than their spouse. State laws vary on how alimony is paid, but in Nevada is it typically paid in regular payments. Depending on the length or marriage and financial position of the divorcing couple, spousal support allowances are determined by the Court (NRS 125.150).

Nevada courts recognize three types of alimony or spousal support that may be awarded to either party in a divorce case.  

Types of Alimony

-        Temporary – Temporary alimony is awarded during the divorce proceedings and is intended to help cover short-term living expenses.

-        Rehabilitative – Rehabilitative alimony is also awarded short-term. It is meant to give the receiving party time to adjust financially to their new lifestyle and become self-supporting. This support is typically used to develop work skills, take trainings, and earn credentials.

-        Permanent – Permanent alimony is paid to the receiving party of long-term marriages. This type of alimony is granted when temporary alimony is not sufficient and rehabilitative alimony is not reasonable. Typically, the receiving party’s age and ability to work is an important factor. Permanent spousal support is paid until death of the payor or the receiving party is remarried.  

For the Court to consider spousal support, one party must have a genuine need for financial support after divorce, and the other party must have the funds to support it.  The Court will consider the following factors of each individual when determining whether or not to grant alimony and in what amount (NRS 125.150(9)): 

- financial position

- value of property

- contributions to any property

- duration of marriage

- income and earning capacity

- age and health

- career history before the marriage

Reno Alimony and Spousal Support Attorney

Whether you need solid legal representation to help secure alimony, or if you are faced with undesirable spousal support payments, we can help. Our spousal support attorney will take a tailored approach to your family law needs and will advocate your rights. Don’t wait until it’s too late. Contact our office today at 775-386-2226 to schedule a free consultation.

Joint Petition Divorce in Reno

If you need a divorce in Nevada, a joint petition may be a good place to start. 

Joint Petition Divorces in Nevada

Agreeing on divorce parameter as spouses make the whole divorce process simpler and faster in Reno. Sometimes you may not even need a family lawyer. Your divorce papers detailed or not ought to act in accordance with Reno NV divorce law. Uncontested divorce cases require the services of an uncontested divorce lawyer. This will help prevent future problems that arise from mistakes made in uncontested divorce cases.

Why you need help in uncontested divorce case

You are likely to pay a high price for the slightest mistake in an uncontested divorce case in the future. This is why it is imperative to make right decisions in regard to child support, child custody among others. The terms should be fair and acceptable by both of you and in accordance to Reno NV divorce law of course.

Don’t underrate any of the agreements or assume that it is not necessary to formalize them on grounds that you trust your ex-spouse to be. Remember that you are only sure about today and tomorrow is always a mystery. Here are the things you should not joke around with during the uncontested divorce case;

• Your children; at least hire a family lawyer to provide you with a clear and all-inclusive parenting plans. A lawyer will help you understand your responsibilities and rights when it comes to your children `
• Property division; in as much your spouse has no objection, it is important to include an attorney who will help you on debt and asset sharing during the divorce. This entails valuing assets, for instance, real estate, retirement benefits as well as business.
• Alimony; taking time during the divorce, in order to come up with alimony terms is worth the wait. This entails the amount of money to be sent and when as it prevents future dispute.

In Nevada, an uncontested divorce law requires that spouses create a complete divorce settlement that suits all the needs of the spouses.

Understand the process of filing a joint petition

Here are some of the crucial issues on which both parties are supposed to agree in a joint petition.

• Reasons for divorce
• In case of children under age 18, there should be agreement on child custody, child support, medical insurance, visitation and the holiday schedule.
• Community property and debt division.
• Alimony condition

During the divorce process, at least you should include a third party. Such an individual will be a witness of a complete divorce process and see to it that you have all signed the agreements.

A joint divorce petition should be filed in the court within your country. Your petition packet ought to entail the following divorce joint petition; resident witness affidavit, the cover sheet and a Child Welfare Identification Sheet in cases where the couple has kids.

After that, you people should give the judge handling your case a copy of the filed documents as well as original divorce decree.

Divorce decree should have the agreements of the parties in regard to child's support, visitation, division of property and debts, alimony and custody.

The divorce decree should only be filed after bearing the judge's signature. After it is signed by the judge, go ahead and file with the clerk at your nearest court.

Finally, uncontested divorce cases are less stressful though you need to do everything right and within Reno Nevada uncontested divorce laws.

Call today for a free Family Law case evaluation. 775-386-2226 

Community Property in Nevada

Nevada is a Community Property State

Nevada is one of nine remaining community property states (IRS, 2017). State law recognizes all property acquired during the marriage or domestic partnership as community property. This includes physical property, mortgage, vehicles, income, stocks, savings, credit card debt, and student loans. In a divorce, the courts typically divide property equally between the parties.  This doesn’t mean all assets will be split 50/50. 

Dividing Property

When two parties divorce, their property acquired throughout the marriage is divided evenly. In other words, property is divided so that each spouse will gain half the fair market value of the asset(s) less community debts. All property obtained before the date of marriage is excluded from community property. 

Dividing property is not that simple. Property division and alimony is often determined by the judge, juries in family court, probate court, bankruptcy court, and tax court.  In some cases, one party may present evidence why a property should be excluded from community property. The court will consider when and how the item was acquired, its legal position, and reasons for disagreement among parties. 

Dividing community property during a divorce can be complicated. Contact us today to consult with our divorce attorney.

What You Should Know About Divorce

Divorce isn’t easy. Couples typically disagree on child custody, spousal support, and property division. The resolution is not always straightforward, and the results of a divorce can have long-term effects. Divorce is a life changing event. It takes an emotional toll on both parties involved and will likely impact relationships with extended family and friends. The stress and uncertainty can be overwhelming.

Our divorce attorney at Work Law Firm aims to make this process easier for you and your children whether you’re in a contested or uncontested divorce. Our goal is to understand your situation and protect your legal rights, so you can focus energy on other areas of your life that demand attention.

Family and Divorce Attorney

Your future is our focus. Attorney Mathew Work is a respected family law attorney in Reno, NV. He realizes divorce is delicate and requires transparency. If you are seeking legal representation for your divorce or custody case, contact our office to schedule a free consultation. We look forward to helping you find a resolution in the best interest of your family.  Our office may be reached at (775) 386-2226.  

Modification of Custody in Nevada

Modification of Child Custody

In life, things are constantly in a flux of change and sometimes a child custody might need to be modified. Some reasons could be abuse (physical, verbal, mental or emotional) from one of the parents.  There could be a failure to allow visitations, a move, unhealthy living conditions or a job schedule change or extremely unpredictable job hours. One parent may have been arrested or is currently incarcerated. 

Some other reasons for modification of custody in Reno could be the instability of a parent that is either emotional or physical.  Abuse does not have to come from the parent themselves but if they allow the child to be in the presence of friends, a boyfriend or girlfriend that abuse the child, or drugs or alcohol abuse by people that the child is in contact with and a parent does nothing to keep the child from these circumstances then a child’s safety is apparently at risk.  Involving the police in investigating these types of incidents can give you credible documentation to present in court or to your lawyer.  The protection and safety of a child is the job and responsibility of both parents.   

Neglect such as not providing medical needs, food, clothing or supervision is also unacceptable.  If a parent moves frequently, changes the child’s school or does not allow them to attend or a child is injured constantly in the care of a parent then Mathew Work can help you consider your modification. 

Child Support Payments

If a parent that is paying child support has their gross monthly income decrease or increased by 20% a recalculation of child support can be requested by either parent.  If a parent is fired with or without cause then the court may consider modifying child support.  If you did something wrong and got fired for it the court may still require you to pay child support since the child should not have to suffer because of what you did..  If you are laid off or there is a reduction in work this will not count against you.  If you do lose work it is best to file for unemployment right away and child support may be modified to reflect the amount you earn from unemployment.  Financial evidence should be given such as pay stubs or documentation from unemployment on how much your gross monthly benefits add up to. 

In Nevada, child support can be reviewed if one party asks.  It is also reviewed after three years and this could make the child support payments higher or lower depending on the gross monthly payments the parent is making that is paying child support.   

If you are planning to move to another area of the state you live in or out of state  completely it is a good idea to inform the court so they know your whereabouts and visitation may be changed if it is warranted.   

Child Support Attorney

Mathew Work, a Reno, Nevada lawyer, that works in family law, can help you modify your custody, either through mediation or filing a motion in court.  If a motion needs to be filed it must be done in the same court that ordered the initial custody arrangement.  The court may continue the initial arrangement unless credible or substantial evidence is presented to the judge.  A judge may consider the request of a child that can express their wishes to the court.  What a judge looks for is what is in the best interest of the child.  If two parties can agree on something in writing between their lawyers then a court hearing may not be warranted.  If you are served papers then take them to Mathew Work, a Nevada lawyer, and have them review them before you sign them.   

 

Nevada Divorce Laws

Divorce

In order to file for divorce in Nevada, you must live in Nevada for at least six weeks and plan to remain in Nevada before filing for a divorce.  If you are in the military or are a resident outside of Nevada you may still file for divorce as long as the defendant or spouse lives in Nevada. 

There are a few grounds for divorce, no-fault and at fault divorce.  A no-fault divorce is when the wife and husband have lived separated or apart for one year.  This does not include cohabitation which is separate but still living in the same house.  At the discretion of the court, an absolute decree of divorce may be granted.  An at-fault divorce is when one party was considered insane at least two years prior to the commitment of marriage.  Corroborating evidence must be presented to the court in order to proceed with an insanity plea.   

Alimony and child support are on a case to case basis on how much someone has to pay to the other party.  Child support can help pay for childcare, insurance, special needs education (e.g. speech or therapy needed to help benefit the child), transportation to visit the other parent and basic needs like food, clothing, and shelter.  Property and other assets may need to be divided.  All these issues must be resolved or agreed upon before a judge signs the Final Decree of Divorce and it is filed placed in the District Court Clerk’s office. A new marriage cannot take place until this is completed. 

Nevada Divorce Attorney

Divorces may include child custody, child support, alimony or spousal support.  Other items to consider when filing for divorce is the splitting up of property, finances and other investments.  Mathew Work, a Nevada lawyer, can help you file for divorce and help keep your best interests in mind. 

Annulment 

There is no time limit for annulment in Nevada.  If the spouses are closely related to each other this could be a reason to annul the marriage.  In the United States, you cannot marry anyone closer to you than your second cousin.  Should you find out that your spouse is already married to another person your marriage may not be legal or the other marriage is illegal.  A spouse that is under the age of 18 who did not get consent from either a parent and/or a judge an annulment could be granted.  One of the spouses was unable to consent to the marriage and was not able to understand what was going on or was insane at the time but has since regained sanity.   One of the spouses committed a fraud on the other in order for them to agree to the marriage.  These would be grounds for an annulment. 

Reno, NV Annulment Attorney

If you need legal help contact Mathew Work, a divorce and family law lawyer in Nevada.  Legal matters are complicated and they take time to navigate.  If you are served papers it is best to consult a lawyer before you sign them even if you might think you understand what is being said in the paperwork.   

Nevada Child Support

There are several factors considered by Nevada courts with respect to child support: 

• Child’s age 

• Number of children to support 

• Income of both parents 

• Time child spends with a parent 

Nevada Child Support Overview

Child support is used for food, clothing, medical insurance  Education could include specialized cares such as speech or cognitive therapy.  Keep in mind that if you are required by the State of Nevada to pay child support and you do not you could face jail time and/or fines. 

The court looks at the gross income amount that you earn in order to calculate child support.  Gross income is the amount you make before taxes or other deductions are taken from your check.  The court will look at: 

• Salary or wages 

• Bonuses 

• Commissions 

• Pension  

• Severance pay 

In the event a parent is disabled and cannot work they will likely not be required to pay child support.  If the parent responsible for paying child support is receiving unemployment, child support can be taken out of that as well.  If a parent refused to work or does not have a job they may still be required to pay child support. 

Northern Nevada Divorce and Child Support Lawyer

If you want to file for child support, contact Mathew Work, A Nevada family law lawyer.  In order to file for child support, you will need to have your full legal name, date of birth, social security number, birth certificate and a Decree of Divorce or legal separation agreement.  Provide Attorney Mathew Work with the full legal name, the address of their residence and workplace and any other information that might be requested.  In the case of abuse, incest or rape, contact your local police department or property authorities.   

Child support is often part of a divorce proceeding.  If your divorce included child support but you are not getting any - contact Mathew Work and see what he can do to help you.  If it is part of your legal separation of divorce that was ordered by the court there are ways to make the court aware of violations of court orders.   

Nevada Child Support Enforcement is part of the Nevada Department of Health and Human Services.  CSE collects child support from the paying parent and the receiving parent can get the money directly deposited in their checking account.  In this way there is proof of payment or non-payment in case something comes up in court.  This agency can use enforcement and collections if child support is not being paid.  Mathew Work, a Nevada family law lawyer, can help you if child support is not being paid since taking it to court might be faster than waiting on CSE.  The agency has some power to help get child support from the paying parent.  They can garnish wages from the paying parent’s paycheck, unemployment benefits, social security and veteran benefits, military support or from the Thrift Savings Plan (Federal Retirement Plan.)  They agency can also have the Department of Motor Vehicles suspend driver’s, recreation, sport, professional or work licenses.  The agency can also refer a case for criminal persecution to the court.