Working through a divorce is a frustrating ordeal in itself, but it is even more difficult when children are affected. The affordable lawyers at Throne and Hauser Attorneys at Law in Henderson, Nevada are authorities in family law, whether it’s divorce, annulment, child custody or parental rights. At Throne and Hauser Attorneys at Law, we are known for winning cases and achieving the best decision for each family, individual or couple.
Our leading legal team in Henderson can give you the following family law services at an affordable rate:
How are divorce and annulment different?
An annulment is a legal process that essentially erases a marriage. Legitimately, an annulment asserts that a marriage never existed and is invalid. A divorce is the conclusion of a valid marriage and restores both parties to single status. Based on the state, divorces can be more complicated than annulments, principally when also concerning custody.
Causes for annulment in every state consist of:
- Forced consent
- Marriage prohibited by law (incest)
- Mental or physical incapacity
- Inability to sexually validate marriage
- Underage marriage
With divorce, there are two legal types: no-fault and fault. A no-fault divorce allows the termination of a legal marriage in which neither party accepts blame for the split. A fault divorce is granted when one spouse can attest adequate grounds.
Grounds for a fault divorce in every state include:
- Physical/emotional mistreatment
- Addiction to drugs, alcohol, gambling, etc.
Allocating assets and liabilities
Marital property entails all the assets and liabilities that were incurred during the marriage. It generally 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 marriage. It establishes the property and financial rights of both spouses in the event of a divorce. Prenups are used to protect assets, businesses, avoid taking on the other party’s debt, bring forth financial responsibilities, determine how property will be passed upon death and evade long, costly divorce disputes.
Alimony is a monthly spousal aid payment made by own spouse to another in correspondence with a settlement or court compromise. Alimony is used to fix any unfair economic effects instigated by a divorce, for instance if one spouse is non-wage-earning or lower-wage-earning. Alimony is settled by the age, mental state and financial circumstances of formal spouses, the quality of living during marriage, the period of time the recipient would need 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 based on the happiness of the child and sometimes these choices are very difficult for parents to make.
The best of interest of a child is settled according to the ensuing points:
- The child’s age, gender, mental and physical health
- Physical and mental well-being of parents
- Lifestyle and social influences
- Love and emotional connections between parent and child
- Parents’ capability to provide food, shelter, clothing and medical care
- Quality of schools in location
- Child’s preference if over age 12
- Capacity and willingness of parent to foster a good relationship between child and other parent
- Environmental stability
Types of custody arrangements
- Legal custody: The prerogative and obligation to make decisions about child rearing. This involves education, religion, medical care and punishment. When bestowed 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 different than 50/50.
- Sole custody: Sole custody settlements provide one parent with total custody rights and allow the other only visitation rights.
- Joint custody: This custody enables parents to synchronize their schedules and share decision-making accountability.
- Bird’s nest custody: This occurs when the child remains in one home and parents alternate in and out of the home and take turns caring for the child.
Child support is a deliberate sum of money that is usually paid monthly to the partner who sustains primary custody of the child. Child support is planned for basic necessities like food, housing and clothing, health insurance medical care and educational expenditures. Child support is chosen based on each parent’s monthly income and costs. Focused on this financial evidence and the expanse of time each parent devotes to the child, the court uses a formula to allocate child support.
Family law mediation
Family law mediation is used to fix family quarrels. With family mediation, an unbiased third party mediator encourages two parties to overcome their disagreements as they reach a decision. Family mediation can save the parties’ time and expenditures linked with trial, but the conclusions may not be legally lasting.
If you are divorcing on the foundation of physical or verbal assault, you can defend yourself and your children with protection and restraining orders from Throne and Hauser Attorneys at Law. These orders keep you far away from the abuser in order to stay protected. Though a protective order can’t fully eradicate the potential that someone will stalk or harm you, it enables you to call the police and have the abuser put in prison should they break the conclusive rules of the order.
This normally refers to a parent’s entitlement to make decisions apropos to a child’s education, health care and religion. Deliberating rights and accountabilities can be frustrating, specifically when it comes to parental accountability of any malicious or criminal actions of your child. You are only accountable for your children’s actions until they are 18.
If other options haven’t worked for you, adoption is a wonderful way to create a family. The adoption process in Henderson can be long, complex and frustrating, but an attorney from Throne and Hauser can maneuver your family through it. Whether you’re an expecting mother considering adoption or a parent who wants to adopt a child of their own, we can help you come to the best solution.