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.  

Be Prepared for Divorce

When we began our Northern Nevada family law practice, we realized most people don’t know what to expect when going through a divorce. Unsurprisingly, many individuals are upset and focused on the past rather than their life after divorce. For some, divorce means less time with children and dividing property. It can also mean paying out alimony and child support. These are significant life changes to prepare for when going through divorce. Matters such as child custody, name changes, spousal support and division of community property are all challenging, but are manageable if planned for.  Individuals should prepare themselves emotionally and legally for what is to come prior to filing and throughout the divorce process.

Northern Nevada Divorce Attorney

Attorney Mathew Work is a respected divorce attorney in Northern Nevada. 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 an initial consultation with Work Law Firm to understand your legal rights and what to expect. 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.   

Child Custody in Nevada

When is it time to hire an attorney?

Custody is at the center of most divorce cases. The courts often refer to custody as the “biggest mountain to move” when going through the court proceedings. Custody involves the most important aspects of a parent’s life, their kids. When parties cannot agree on the custody and visitation of their children, that’s when the courts step in and assist. This is when it’s wise to strongly consider hiring an experienced family law attorney in Reno, NV.

Why you need an experienced Trial Attorney:

If courtroom experience is important, Attorney Mathew Work should be at the top of your list. Attorney Mathew Work has tried hundreds of cases at trial. As a former Criminal Prosecutor, Attorney Mathew Work understands the complexities of trial and what it takes to win.

Legal vs. Physical Custody

In Nevada, there are two types of custody. Legal Custody refers to one parent’s ability to make life decisions for their minor child. The most common examples are what medical decisions will be made for the child, where the child will attend school and what religion the child will practice.

On the other hand, Physical Custody deals with where the child’s time will be spent. When parents have joint legal custody and joint physical custody, the parents have equal legal rights to the child. When one parent has primary physical custody, the majority of the child’s time will be spent with that particular parent.

Nevada Child Custody Attorney

For questions about your rights as a parent or grandparent, please feel free to call Attorney Mathew Work at 775-386-2226 or email him at WORK@WORKATLAW.COM.

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.   

Juvenile Crimes

Juvenile Courts in Nevada

If your child has been charged with a crime or delinquent act, in a juvenile court in Nevada, you may question whether he or she will go to jail, get a permanent criminal record, or if you can be held financially responsible for their offense.

Law and times have changed. Laws have become much tougher in prosecuting juveniles for their crimes. Lawmakers throughout the country have been feeling the public pressure to take juvenile offenses more seriously. Crimes that were once charged as misdemeanors are now being charged as felonies. Crimes such as vandalism, gang activity, drugs or shoplifting, prosecuted by the state of Nevada are now being punished more harshly. 

In Nevada, juveniles are routinely tried as adults for serious and violent crimes instead of facing their charges in the juvenile court. 

Serious Crimes Result in Adult Criminal Charges

- Murder or attempted murder cases if a child is 16 years old and up.

- Sexual assault or attempted sexual assault cases if the defendant is 16 or older and has been previously adjudicated for an offense that would be considered a felony for an adult.

Certification as an adult must be made by the juvenile court. Usually, the prosecutor submits a motion to the court and the court conducts an investigation and hearing before certifying the child to be tried as an adult.

Crimes prosecuted by the state of Nevada can carry serious penalties such as jail time, fines and a permanent criminal record.  The juvenile system process can also be very stressful and confusing. Sometimes, parents do not realize that their son or daughter will be tried as an adult until it is too late.

Reno Criminal Defense Attorney

If a loved one is facing serious criminal charges, it is imperative that you seek the help of an attorney with legal knowledge, strategy, and practical courtroom experience as soon as possible.