Experiencing divorce is a difficult experience in itself, but it is even more complicated when children are affected. The lawyers at Throne and Hauser Attorneys at Law in Summerlin, Nevada are professionals in family law, whether it’s divorce, annulment, child custody or parental rights. We are an affordable, respected family law firm recognized for winning cases and generating optimum legal resolutions to our clients’ divorce or child custody cases
Our leading legal team in Summerlin can give you the following family law services:
How are divorce and annulment different?
An annulment is a procedure that virtually erases a marriage. Lawfully, an annulment states that a marriage never existed and is invalid. A divorce is the conclusion of a lawful marriage and returns both parties to single status. In Nevada, divorces can be more difficult than annulments, principally when also dealing with custody.
Causes for annulment in every state cover:
- Forced consent
- Marriage prohibited by law (incest)
- Mental or physical incapability
- Inability to sexually validate marriage
- Underage marriage
There are no-fault and fault divorces. A no-fault selection allows the termination of a legal marriage in which neither party takes blame for the separation. A fault divorce is established when one spouse can sustain acceptable grounds.
Legal justification for a fault divorce in every state include:
- Physical/emotional mistreatment
- Substance abuse or other addictive problems
Dividing assets and liabilities
Marital property comprises all the assets and liabilities that were sustained during the marriage. It usually will not matter whether or not the asset or financial responsibility is under the name of one spouse or both.
Marital property includes:
- Bank accounts
- Retirement accounts
- Real property
- Business interests
- Airline miles
- Credit card debt
A prenuptial agreement (prenup) is a standard, modern legal step taken before getting married. It establishes the property and financial rights of both spouses in the event of a divorce. Prenups are used to shelter assets, businesses, avoid taking on the other party’s debt, illuminate financial accountabilities, control how property will be passed upon death and evade long, costly divorce disagreements.
Alimony is a monthly spousal support payment made by own spouse to another in correspondence with a payment or court decision. Alimony is provided to fix any biased economic effects triggered by a divorce, for instance if one spouse is non-wage-earning or lower-wage-earning. Alimony is resolved by the age, mental state and financial condition of official spouses, the standard of living during marriage, the period of time the beneficiary would require to become autonomous, the length of the marriage and the ability of the supporter spouse to support him or herself while paying alimony.
Child custody will always be arranged reliant on the happiness of the child and sometimes these decisions are quite difficult for parents to make.
The best of interest of a child is decided based on the ensuing points:
- The child’s age, gender, mental and physical health
- Health of parents
- Lifestyle and social influences
- Love and emotional ties between parent and child
- Parents’ capability to produce food, shelter, clothing and medical care
- Quality of schools in the area
- Child’s inclination if over age 12
- Ability and inclination of parent to nurture a good relationship between child and other parent
- Environmental stability
Types of custody arrangements
- Legal custody: The right and responsibility to make choices about child rearing. This includes education, religion, medical care and punishment. When given joint legal custody, parents share these privileges.
- Physical custody: The right of a parent to have a child with him or her. Most courts order joint physical custody, though the time-split is often not the same as 50/50.
- Sole custody: Sole custody arrangements give one parent total custody privileges and allow the other only visitation rights.
- Joint custody: This custody enables parents to synchronize their schedules and share decision-making privileges.
- Bird’s nest custody: This occurs when the child remains in one home and parentsalternate in and out of the home and take turns taking care of the child.
Child support is a prearranged amount of money that is typically paid monthly to the partner who sustains primary custody of the child. Child support is intended for basic needs like food, housing and clothing, health insurance medical care and educational expenses. Child support is chosen based on each parent’s monthly income and costs. Centered on this financial evidence and the amount of time each parent spends with the child, the court uses a formula to allocate child support.
Family law mediation
Family law mediation is used to resolve family conflicts. With family mediation, a neutral third party mediator encourages two parties to smooth out their disputes as they reach a settlement. Family mediation can save the parties’ time and costs associated with trial, but the conclusions may not be legally conclusive.
If you are divorcing on the grounds of physical or verbal mistreatment, you can protect yourself and your children with safety and restraining orders from Throne and Hauser Attorneys at Law. These orders keep you separated from the abuser in order to stay safe. Though a protective order can’t fully eradicated the prospect that someone will stalk or injure you, it will enable you to call the police and have the abuser arrested should they contravene the binding guidelines of the order.
This usually discusses a parent’s entitlement to make conclusions regarding a child’s education, health care and religion. Allocating rights and accountabilities can be challenging, especially when it comes to parental responsibility of any detrimental or criminal actions of your child. You are only liable for your children’s behaviors until the age of 18.
Families come in different shapes and sizes, and adoption can make your family complete. The adoption process in Summerlin can be long, complex and frustrating, but an attorney from Throne and Hauser can navigate your family through it. Whether you’re an expecting mother considering adoption or a parent who desperately wants a child, we can help you come to the best arrangement.