The Law Offices of Frank J. Toti Las Vegas Divorce Attorney | Nevada Custody Lawyer | Clark County Family Law Attorney NV 2024-03-28T19:02:44Zhttps://www.fjtesq.com/feed/atom/WordPress/wp-content/uploads/sites/1600836/2020/06/cropped-FJT_SITEICON_512x512_JUN20-32x32.jpgOn Behalf of The Law Offices of Frank J. Totihttps://www.fjtesq.com/?p=466372024-03-28T19:02:44Z2024-03-28T19:02:44ZSelling the home
One of the simplest and fastest ways to convert investments in real property to liquid capital that the spouses can share is by selling the home. Spouses have the option of listing their real property for sale and then dividing the resulting proceeds based on other property division choices. When spouses do not have much equity accumulated or when neither spouse can afford the home based on their income or credit scores, selling the property can be an efficient solution to fairly dividing it in a Nevada divorce.
Having one spouse retain possession
Perhaps the couple shares minor children, and the parent with more parenting time wants to stay in the family home to keep their lives stable. Maybe someone has ties to the community or significant emotional attachments to the house. It is possible to reach a property settlement arrangement where one spouse stays in the marital home while the other receives a portion of its equity. The spouse staying in the home could refinance and withdraw equity to compensate the other. The spouse leaving the home could also request other resources from the marital estate to balance out the value of the home.
Retaining joint ownership
There are a handful of scenarios in which spouses may agree to continue joint ownership of the home. Perhaps they want to attempt a birdnesting custody arrangement with their children. Maybe the local market is weak or the home requires major repairs to optimize the sale price. Spouses can sometimes reach arrangements where they negotiate terms for joint ownership after the divorce. Those agreements often include rules for what happens when they eventually sell the property or when the children are adults and can live independently.
There is no one solution for “the issue” of a marital home that works in every Nevada divorce case. Knowing the different options available can help people as they prepare for divorce negotiations or litigation in family court. Spouses who have realistic goals for major assets may find it easier to negotiate or build a case in family court that meets their unique needs.]]>On Behalf of The Law Offices of Frank J. Totihttps://www.fjtesq.com/?p=466362024-01-02T13:36:50Z2024-01-02T13:36:50ZNevada is a community property state
People can break most states in the country down into two categories when talking about divorce laws. There are states with equitable distribution statutes for property division and states with community property laws. Community property laws are less common, but Nevada is one of the states that use this approach.
Anything that either spouse earns or otherwise acquires during the marriage is typically part of the marital estate. Exceptions include gifts and inherited assets. Resources acquired prior to the marriage typically remain separate property for the purposes of a future divorce as well.
Usually, unless there is a prenuptial agreement stating otherwise, the income and property acquired by both spouses during the marriage belong equally to them both. Judges can use the community property statute to guide their choices about how to divide the resources and debts between the two spouses. There is no way to know exactly how a judge might handle that process. There is not a requirement to divide each asset individually but rather the marital estate as a whole. Therefore, there are countless ways for judges to handle the process and very little certainty about the outcome.
Many spouses would prefer to set their own terms by collaborating or even attending mediation. Those who set their own terms can retain control over property division matters. Learning more about the basic rules that apply during Nevada divorces may help people set realistic goals and mentally prepare for property division negotiations or litigation, depending on the nature of their circumstances.
]]>On Behalf of The Law Offices of Frank J. Totihttps://www.fjtesq.com/?p=466352023-09-22T14:52:04Z2023-09-22T14:52:04Zmake this process easier.
Agree on a parenting plan
Your parenting plan will help determine when each parent will have physical custody of the kids, so you need to hash out those details before you start discussing anything with the nanny. Aim for an agreement that everybody can agree is reasonable and fair, always prioritizing the best interests of the children.
Set the nanny’s schedule
You need a formal contract in place with the nanny that outlines her responsibilities, work hours and compensation. Make sure that the contract specifically notes that the nanny will travel between households with the children, and note which days the nanny will have off (including holidays).
Decide how to split the cost
Will you split the cost of the nanny’s services down the middle, or will you and your co-parent divide it according to your relative incomes? Make sure the financial arrangements are clear and fair – and don’t forget “sundry” expenses, like gas for the nanny’s car if they’ll be transporting your children or spending money for snacks and small essentials for the children that the nanny may need to pick up on the fly.
Develop a process for communication
Your nanny may need to communicate with you and your co-parent about the children, and you may need to communicate with the nanny from time to time about schedule changes or emergencies. You don’t want anybody “left out of the loop” in these situations, so get an app for messages and an online calendar that can be used for this purpose.
There’s more to crafting a workable parenting plan than most people realize, and agreements about child care services are just one of the complex issues that they can address. With the right legal guidance, you can craft a flexible agreement that may serve your family well for years to come.]]>On Behalf of The Law Offices of Frank J. Totihttps://www.fjtesq.com/?p=466282023-06-26T14:47:58Z2023-06-26T14:47:58ZPresent a united front
From the first moment that parents discuss their divorce with their children, how they speak and behave will influence the children. Therefore, working together to give the children the information they need will be important. If possible, there should be a family sit-down conversation where parents address the change in their relationship and then affirm that the divorce does not undermine the love either parent has for the children and that the decision is not the fault of the children. After that initial conversation, parents will need to continue to work together as much as possible for the benefit of the children.
Keep the schedule and expectations predictable
The more changes there are to the children's daily schedule and lifestyle, the more challenging it will be for them to adjust to the new family circumstances. Adults who try to maintain the same daily schedule and household rules during the divorce will often find that their children have an easier time acclimating to the new circumstances. Parents may need to discuss matters like the daily schedule and disciplinary expectations with one another so that they both maintain and enforce the same expectations.
Take care of the adults' stress
Parents who don't have an outlet for negative emotions are likely to overreact toward their children or to display their distress in a way that will impact their children. Having a healthy outlet, which might include counseling services or a support group, can give someone a place to process their emotions so that they can be more present with their children.
Recognizing that divorce will be stressful for children may help adults make choices that will reduce how difficult the divorce process ultimately ends up being for all who are affected.]]>On Behalf of The Law Offices of Frank J. Totihttps://www.fjtesq.com/?p=466272023-03-30T17:08:37Z2023-03-30T17:08:37ZSpending versus saving
One common way that this happens is that two people have different views on spending or saving their money. One person prefers to save more and wants the stability and security that comes along with it. The other person prefers to spend, seeing their financial resources as the fruits of their labor and the way to create the life that they are seeking.
Of course, some couples do find a way to balance this. But it can be problematic if they can’t compromise because then they feel like they are often opposed to one another or working in opposite directions.
For instance, say that you are a saver and it’s crucial to you to plan for the future. You spend your life putting money aside and making good financial decisions. If your spouse is a spender, how is that going to impact your relationship? Are you going to feel like they are always trying to undermine your efforts? Over time, this can build up into significant stress that leads to a divorce.
Settling financial issues
If you do get divorced, then you still have to handle some of the issues surrounding your finances. You’ll need to divide up the property that you own. At a time like this, it’s important to know about all the legal options at your disposal.
]]>On Behalf of The Law Offices of Frank J. Totihttps://www.fjtesq.com/?p=466262023-01-06T20:43:26Z2023-01-06T20:43:26ZNo-fault divorce is your only option
Pursuing a divorce based on grounds of adultery is no longer a realistic option for those divorcing in Nevada. The state treats all divorces as no-fault divorces. The benefit to that approach is that you don't have to prove anything to end your marriage. However, it does prevent you from holding your spouse accountable for their marital misconduct in family court.
A judge typically will not punish your spouse by denying them parental rights or awarding you more of the marital estate just because they cheated. However, if you are able to show that they used shared resources, like marital income, to pay for hotel rooms and dinner dates while cheating, you could hold them accountable for the misuse of your community property.
Barring proof of financial misconduct involving community property or a prenuptial agreement imposing a specific penalty for unfaithfulness, unfortunately, your spouse's affair will likely have very little, if any, impact on how the courts handle the big decisions in your upcoming divorce.
A life well-lived is the best revenge
Instead of digging in your heels and trying to find a way to punish your spouse in the courts, it may be healthier and smarter to instead focus on ending your broken marriage and moving on to a happier future.
When you have realistic expectations for the divorce process, you will spend less time and money fighting for terms and conditions that the court simply won't grant you. Learning more about how Nevada approaches marital dissolution proceedings can help you lay the foundation for a better future after discovering your spouse's infidelity.
]]>On Behalf of The Law Offices of Frank J. Totihttps://www.fjtesq.com/?p=466202022-09-28T21:27:21Z2022-09-28T21:27:21ZNevada allows for no-fault divorces
While fault-based divorces were once the standard across the country, they were expensive, contentious and difficult to obtain. Nevada was actually one of the early adopters of no-fault divorce proceedings. Currently, Nevada does not even hear divorce cases based on fault.
Everyone divorcing in Nevada will pursue a no-fault divorce. The three reasons you can file for divorce are a separation of a year, insanity lasting for at least two years or incompatibility, which is the true no-fault reason for divorce.
Neither spouse has to have any evidence of infidelity or other misconduct to convince the courts to grant them a divorce. However, in some cases, evidence of specific forms of spousal misconduct could influence property division matters or trigger a penalty clause in a marital agreement. In such scenarios, gathering the necessary evidence could benefit the spouse hoping to leave because of marital misconduct.
No-fault divorces protect you from staying stuck
Although getting a divorce based on your spouse's fault may seem like a way to get justice, fault-based divorce laws can leave people unable to exit unhealthy and unhappy marriages. Even when you know your spouse has done something wrong, you may not be able to produce any compelling evidence that will convince the courts.
No-fault divorces help ensure that those who need to leave their marriages can do so regardless of how much of a paper trail their spouse has left behind proving their bad behavior. Learning more about the basic divorce laws in Nevada can help you prepare a strategy for your upcoming family law matter.
]]>On Behalf of The Law Offices of Frank J. Totihttps://www.fjtesq.com/?p=466192022-06-23T20:24:03Z2022-06-23T20:24:03ZCommunity property rules often require the division of retirement savings
If the courts decide that your retirement account is marital property, it will be subject to division in divorce proceedings. For some couples, a retirement account or a portion of its balance could be separate property.
Maybe you have a marital agreement with your spouse stating that your retirement account remains separate in the event of a divorce. You may have made tens of thousands of dollars worth of contributions to the account before you got married. However, in Nevada, the community property rules for your assets demand that you share what you contributed to the account during the marriage.
A judge might order you to split the actual account, or they could use the value of the marital portion of your retirement savings to justify other property division decisions.
You don't have to wait in financial limbo when you file for divorce
Waiting months to see a judge and have them make a decision about your most valuable property isn't an ideal situation. You and your ex can take control of your circumstances by cooperating. You can negotiate directly or through your attorney to reach a settlement. You could even commit to attending mediation together to sort out your disputes.
If you reach a mutual agreement about property division, you can file for an uncontested divorce instead of waiting for a judge to divide your property. Learning about how the courts split your assets will make you feel more confident as you consider the future after your marriage.]]>On Behalf of The Law Offices of Frank J. Totihttps://www.fjtesq.com/?p=463822022-03-31T21:19:52Z2022-03-31T21:19:52Zparenting plan and custody schedule for two working parents isn’t always simple, but it is possible to work out a solution. Even if you both work 9-to-5 jobs, you still need to find a way to make joint custody work for you.
Busy schedules? Find alternative child care
If you and your spouse both work the same kinds of schedules where you’ll be out of the home from around 8 a.m. to 4 or 5 p.m. each day, then setting up your custody schedule should be relatively straightforward. You will set up the weekday schedule first, keeping your child in one home or the other by the day or week. Some parents also opt for a biweekly schedule.
Then, you need to look at the weekends. You could choose to alternate them with the other parent or have one parent take Saturday on the week they have custody while the other parent takes Sunday.
Once you have a basic custody plan in place, you should start looking into other options for child care. For instance, if you live close to family, then you may want to ask if they would be fine monitoring your child once they come home from school and until you get home from work. Your spouse might opt for a babysitter or daycare if they don’t have family nearby, too.
Joint custody can work even when you both work
You do need to be realistic about your commitments and find a schedule that gives you as much time with your child as possible. Consider which home your child would be more comfortable in as well as factors such as how close you are to their school or a support system that can help watch over them.
Create your plan to submit to the court. If you need to make changes in the future, remember that a custody modification may be possible as your circumstances evolve and change.]]>On Behalf of The Law Offices of Frank J. Totihttps://www.fjtesq.com/?p=463722021-12-27T20:23:59Z2021-12-27T20:23:59ZThe courts will sometimes consider a child's preferences
If parents can't reach their own settlement about splitting up legal and physical custody of their children, then a family law judge will have to make those important decisions for the family. Such decisions should always prioritize what is best for the children.
Nevada state law instructs a judge to consider family circumstances and enter a ruling that they believe is in the best interests of the children in the family. Where a child feels healthy and comfortable can impact what a child thinks is in their best interests.
Although there isn't a specific age when a child's opinion matters, older children and those who have shown personal maturity may have an option to either speak in court or talk privately with the judge considering custody issues. A judge is unlikely to defer to the child entirely, but they will likely factor in a child's preferences when making their final custody decision.
Making the children choose can be difficult for them
Knowing that they have to choose to live with one parent or the other can be very stressful for children and even teenagers. They may worry about what their choice will mean for their relationship with the other parents, who they undoubtedly also love.
Recognizing that it can be stressful for a child to have to speak up about custody preferences could motivate you to try a different approach to resolve your custody dispute. Keeping the focus on what is best for the children now and in the future can help you reach an appropriate resolution to your shared custody arrangements in Nevada.]]>