How can I make divorce easier for my kids?

Watching parents fall out of love and end their relationship creates uncertainty in the household, no matter the child’s age. And when parents move into separate households, children are tasked with adjusting to life without the presence of both parents each day.

Fortunately, there are ways to make divorce easier on your kids.

Let them know both parents love them unconditionally – Your children might feel like the divorce is their fault. Reassure them it is not and both you and your spouse love them.  

Be the adult – Your children need nurturing and your role is to help them through this process. Hopefully you have a support system in place to nurture you when you need it.

Be a good listener – Pay attention to your children’s emotions and encourage open communication.

Be mindful of transitions – Children are already adjusting to two homes and finding their “new normal”. Avoid unnecessary change to reduce your child’s stress.

Communicate with your ex – This isn’t easy, but it helps if you can forgive your ex at some level. Pick up and drop offs should be cordial. Your children should see both parents as pleasant as possible toward one another.   

Don’t talk poorly about the other parent – Making negative statements about your ex in front of your children is not healthy. In fact, it may harm your child’s sense of self-worth. If you have something to say to your former spouse, contact them directly and keep children out of it.

How to File for Divorce in Nevada

Divorce is not easy, but the process is relatively straightforward. In this article, we will provide an overview of the divorce process and what to expect. 

To file in Nevada, either spouse must have lived in Nevada for at least six weeks. Filing must occur in the county the parties lived in when they were married or the county one of the parties currently resides in. Since Nevada is a no-fault divorce state, the party filing for divorce will choose the reason for divorce as either incompatibility or living apart for at least one year. 

If both parties agree on all issues related to the divorce, you can file a Joint Petition. In this case, the following documents are required:

• Decree of Divorce
• Affidavit of Resident Witness
• Certificate of Service or Waiver, and
• Child Welfare and Identification Sheet

If the parties do not agree to all issues surrounding the divorce, the party will file a Compliant for Divorce. In this scenario, a Summons must also be filed.

Depending on the details of the divorce, other documents may be required. Once all appropriate forms are completed, the party filing will take the required number of copies to the clerk of court’s office. 

Nevada law requires the filing party to serve the documents to the other party, an action called the Service of Process. The other party has 20 days to file a response. If both parties reach a divorce agreement before the case moves forward, a settlement agreement can be presented to the court. Settlement allows the parties more control over their case and saves money. 

Experienced Family Law Attorney

If you are the filing party or were just served divorce papers, contact an experienced divorce attorney. Work Law will assist you through the process to give you peace of mind during this time of stress.

Grandparent Visitation Rights

Did you know under rare circumstances grandparents have rights to visit grandchildren? The court may allow visitation to a child’s grandparents if:

-        Parental rights have been terminated

-        The parent was never legally married to the other parent

-        The parent is separated or divorced from the parent with child custody

-        The parent is deceased

If a parent denies, or unreasonably restricts, a grandparent’s right to visit their child, Nevada law presumes that is in the best interest of the child. However, with clear and convincing evidence, Nevada court will consider grandparents visitation rights that are in the best interest of the child. 

The court will determine the child’s best interest by considering the following factors:

-        The grandparent and child relationship  

-        The grandparent’s mental and physical health

-        The child’s preference for visitation

-        The financial support and emotional support provided by the grandparents

-        The grandparent’s ability to provide child with material needs like health care, food, and clothing

Nevada Family Law Attorney

Every family is different. If you have been denied visitation rights, seek an experienced family law attorney. The process for determining the best interest of a child is complex. Contact Work Law today so we can help you regain your relationship with your grandchild.

Why You Shouldn’t Represent Yourself in a Divorce

Legal Representation

You may be considering representing yourself in a divorce. Perhaps you and your spouse are on good terms and want to divorce as amicably as possible. However, representing yourself may be more expensive and take longer than expected. Here are the top reasons why self-representation is a bad idea.

1.       Those who represent themselves tend to give up rights they were not aware they had.

2.       Individuals are not always prepared for curve balls that arise mid-way through divorce.

3.       Your divorce may end up in court, adding even more time, confusion, and complexity to the process which ends up costing more than attorney's fees. 

4.       Typically, those who represent themselves in court reach unfavorable outcomes by the Court because they do not communicate effectively, misstate the law, and appear unprepared. 

5.       You are likely to lose perspective when trying to reach an agreement with your spouse or your spouse's attorney. 

Nevada Divorce Lawyer to Represent Your Family Needs

Divorce is emotional and its hard not to let those emotions get in the way of decision-making. We see time and time again where the spouse will change their argument and their asks halfway through the divorce process. It’s important to have an attorney who knows the law and can represent your best interests every step of the way. The outcome of divorce has long-term effects, especially with children involved. Having a legal team by your side will reduce your stress and avoid delays and mistakes throughout the process. Contact our experienced divorce attorney, Mathew Work, to learn how Work Law can help you achieve the best possible settlement. Our office may be reached at (775) 386-2226.

Prenuptial Agreement: Why you might consider it

The possibility of divorce is the last thing an engaged couple is thinking about. We get it. But there is a common misconception about prenuptial agreements that we would like to address. 

A prenuptial agreement is a contract between two parties planning to wed that describes how assets will be distributed in the event of divorce or death. The content typically includes terms for the forfeiture of assets for adultery. Other conditions of guardianship may also be included. The agreement must be fair, signed by both parties, and executed prior to the date of marriage.

Signing an agreement is a smart decision. It does not mean your marriage is destined to fail before you are wed. These agreements are designed to protect your possessions in worse-case scenarios. Couples who sign prenuptial agreements tend to feel more secure in their relationships and having an agreement was a good thing for their marriage.

 

Northern Nevada Family Law Attorney

If you are interested in learning more, our prenuptial agreement attorney is available to discuss how you might benefit from a pre-marital agreement. Each agreement is customized to cover all aspects of your finances you and your significant other are comfortable with. Contact our office today to schedule a consultation with Attorney Mathew Work. Our office may be reached through at (775) 386-2226.

Annulment Explained

Divorce vs. Annulment

Divorce and annulment are the only two legal options to end a marriage. The difference is an annulment legally declares a marriage null and void. In other words, after the marriage or domestic partnership is annulled it is legally erased as if it never happened, allowing both parties to return to their former marital status. When marriage is annulled, spouses are not subject to community property laws. People often prefer annulment over divorce, but individuals must meet specific criteria for a judge to consider the request.

About Nevada Annulment

Nevada reviews annulment requests for cases involving fraud, incompetence and lack of capacity. While these are the most common qualifications for annulment, their legal definitions are not as straightforward. For an annulment to be granted, a spouse must present proof of fraud, incompetence, or lack of capacity. Building a strong case from the beginning is essential.

 

Reno Family LAw Attorney

Attorney Mathew Work has handled many annulments in Northern Nevada. His greatest strength is representing his client’s case at trial. Contact our office today to schedule a consultation with Work Law Firm. Our office may be reached at (775) 386-2226.

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.  

Frequent Family Law Questions

What does Nevada family law cover? 

    Family law covers name changes, child relocation, divorces, annulments, adoptions, termination of parental rights, alimony, paternity custody, child support, and guardianship. 

Can I file for divorce in Nevada? 

    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. 

What is legal custody?

Legal custody specifically addresses who is in charge of the decision making for a child. Example being, schooling, religion and medical decisions.

What is physical custody?

Physical custody address who the child may be with, what schedule the child is to follow and where the child spends their time at. 

What are rules for annulment in Nevada? 

    There is no time limit for annulment in Nevada.  The spouses are closely related to each other.  In the United States, you cannot marry anyone closer than your second cousin.  If one person was already married to someone else when your spouse married you.  If one spouse was under the age of 18 and did not obtain consent, 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.   

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.