The Abrams Law Firm LLC, Author at The Abrams Law Firm, LLC

Las Vegas business owners and divorce proceedings

Business Ownership in Divorce Proceedings

Posted on January 26, 2022 | by The Abrams Law Firm LLC

Divorce matters for high-net worth individuals entail complicated issues. Many of these are financial in nature and can include luxury homes, vacations properties, investment accounts, and business ownership, to name just a few. In this article we discuss the aspects of business ownership in divorce proceedings and the important decisions that face every business owner.

Businesses owned by either or both spouses are subject to property division during divorce proceedings. In some instances there is a valid prenuptial or post-nuptial agreement that addresses what happens to the business in the event of divorce. Nevada is a community property state. So if there is no such agreement, the business is subject to property division in the divorce proceedings like any other marital asset.

What is the Business Worth?

In order to resolve property division, one of the most important factors is assessing what the business is worth. The amount requires the work of business valuators. Business valuators are licensed professionals who consider the details of a business and form an opinion on its value.

Each business has unique assets and debts. So no two businesses, and therefore their values, are identical, even within the same industry. In some cases, the divorce attorneys representing each party agree on the choice of a business valuator. In other instances, each party retains their own valuator and the findings of each are then compared for similarities and differences. Each spouse’s divorce attorney then negotiates, or litigates, to determine a final value.

The Business Valuation Process

The valuation process includes an analysis of the company’s financials as well as numerous other factors. The business valuator considers whether the business has hard assets such as real estate or equipment, and/or intangible assets such as licensing agreements or goodwill. The valuator also examines financial documents including bank statements, inventory reports, tax returns, profit and loss statements, accounts receivable and payable reports.

Real property owned by the business can be a significant asset. If necessary, the business valuator may require the assistance of a certified real estate appraiser that specializes in commercial real estate. The same can be true for commercial equipment. Depending on the type, age, and amount of business equipment, a separate expert’s opinion as to the value of the equipment may be required.

Some businesses rely heavily on the value of intangible assets. Tech and celebrity related businesses often have a portion of their value based on these types of assets. Intangible assets can include the value of a celebrity name, intellectual property rights, exclusive or non-exclusive licensing agreements, patents and trademarks.

Professional Practices

Professional practice businesses often have the intangible asset of “goodwill”. This means that there is a business value as a going concern and its reputation in the community which it serves. Often the goodwill is related to the holder of a special license. One or both spouses may have a medical, law, architectural, contractor or other specialty license. The license holder’s relationship to the business is a factor which complicates the property division aspects in a divorce. These intangible assets can have a wide range of value due to their abstract nature. So experienced divorce attorneys often have a list of business valuators who are well-versed in determining the value of intangibles.

Who Will Work at the Business During the Divorce?

If only one spouse works at the business, the easy answer is that the arrangement remains the same. In other instances both spouses are active in the daily operations. This complicates the matter as there is bound to be some conflict between the personal issue of divorce and the professional aspect of running a business. In the best case scenario both spouses can continue to work at the business. But this can cause unnecessary conflicts. Therefore, experienced divorce attorneys familiar with businesses and divorce are the best option to negotiate an agreement which defines the roles of each spouse until the divorce is finalized.

Who Owns the Business After the Divorce?

Business ownership can have many forms. In addition to one or both spouses, the business may have ownership interest from employees, outside investors, and/or family members. Any form of additional ownership interest adds a level of complexity and the ownership factors may affect the resolution method. Our divorce attorneys have published a comprehensive guide for business owners which goes into more detail. However, for the purposes of this article, we’ll assume that there are no other ownership interests.

Just as every divorce case is unique, so are the manners of resolution. In general some of the most common ways are:

One spouse buys out the other
The business is sold and the profits are divided
Both ex-spouses continue to own the business

The most straight-forward method is for one spouse to buy out the other. This may entail trade-offs with other marital assets. For example, one spouse’s share of the equity in the marital home may be an offset. The same goes for any other marital assets subject to division in the divorce proceedings.

Another option is selling the business to a third-party and dividing the proceeds as part of a global settlement agreement. This is not typical especially in businesses where one or both of the spouses are founders. Typically, there is a strong emotional attachment to the business and selling out to a third-party is not the preferred solution.

The last option is that both ex-spouses continue to own the business after the divorce. Obviously the divorce happened for a reason and, while this option is possible, it is the most infrequent method of resolution.

Retain the Legal Counsel You Deserve

Business ownership, in any form, is a complex matter in divorce proceedings. Protect your rights with a team of divorce attorneys experienced in such matters. Our attorneys have decades of experience in guiding business owners through the myriad of options in order to achieve the best resolution. They can put your mind at ease if you are a business owner or the spouse of one and are considering divorce. They also work with clients that are considering changing divorce attorneys in active cases. Our Las Vegas divorce attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

7 Mistakes Professionals Make in Divorce

Posted on August 25, 2021 | by The Abrams Law Firm LLC

Going through divorce proceedings are some of the most challenging times in one’s life. The very nature of divorce is inherently stressful even if both spouses agree on dissolving the marriage. When one or both spouses are professionals it can be even more so. The necessity of dividing marital assets and agreeing on child related issues only adds to the hectic schedules of most working professionals and can be exhausting. Resolving your divorce case lowers your stress level and allows you to move on with the rest of your life. In this article, our Las Vegas divorce attorneys discuss the most common mistakes of professionals in divorce.

Retaining the Wrong Divorce Attorney

Retaining the wrong divorce attorney is number one on this list for a reason. In order to resolve your divorce case favorably, you need a divorce attorney with extensive experience in handling divorce matters similar to yours. While it can be tempting to look for low cost legal representation, the complexities of your matter should be the real guiding principle. This is especially true of those professionals that own their own practice or business. Divorce proceedings where there is a lot at risk is no place for lawyers who believe their skills only merit low rates, especially when your spouse chooses one of the best divorce attorneys in Las Vegas.

Fighting the Wrong Battles

Whether you like it or not, your divorce resolution is best achieved by keeping your emotions in check. That means choosing what’s worth fighting for and what’s not. If you believe that a “scorched earth” strategy is in your best interest, emotional or otherwise, it will only increase your stress and legal fees in the long run. While you may achieve short-term gains, this is never the best way to conduct yourself, especially if you have minor children in common. This situation becomes even more counter-productive when both parties in the divorce take the same view. The best divorce attorneys know that this is an emotional experience for you and will consistently advise you to take a common sense approach and always fight the important battles but not the trivial ones.

Improper Business Valuations

Many professionals own and operate their own practice. Absent an enforceable prenuptial or post-nuptial agreement, the practice will be divided in your divorce like any other asset. Obtaining a proper valuation for the practice or business is a key factor in obtaining the resolution you’re seeking. These types of valuations are only done in a small fraction of divorce cases and unless your divorce lawyer has ample experience in this area, you could be setting yourself up for an improper division of assets.

Committing Fraud on the Court

Each party in a Las Vegas divorce must submit financial and other documents to the court. While some documents contain opinions, others contain facts. Intentionally misleading your divorce attorney and the court is always a bad idea. The best divorce attorneys know how to find the truth – financial or otherwise. Most importantly, the court takes an extremely dim view of those divorce participants that submit documents containing outright falsehoods. Judges have long memories – and the ones that don’t will be reminded by your spouses divorce attorney. Committing fraud on the court almost always comes back in a negative ruling in one form or another.

Hiding Information from Your Divorce Attorney

You’re not alone in wanting to keep some marital information completely private. In fact, all relationships have their secrets that either or both parties would prefer to be kept out of the divorce proceedings. However, you don’t know what your spouse is sharing with their divorce lawyer. So keeping any information from your attorney, regardless of how embarrassing you believe it to be, is a huge mistake. There is nothing that takes a divorce case in the wrong direction more than when your divorce attorney gets blindsided because you knowingly failed to disclose something pertinent to your case. And if it will put your mind more at ease, there is very little that shocks seasoned divorce attorneys.

Failing to Take Your Divorce Attorney’s Advice

It is not uncommon for professionals to have an “I’m in charge” attitude. After all, you’ve worked incredibly hard and achieved a status that most people can only dream of. We get it. But this is a huge mistake in divorce cases. If you can’t consistently follow your attorney’s advice, you’ve either hired the wrong divorce attorney, or you’re your own worst enemy in your divorce case.

Not Considering Your Minor Children Enough

Always consider the affect your actions are and will have on your children. Your spouse will become your ex-spouse but your children will not. Depending on their ages and other factors, children handle the divorce of their parents in different ways. No one in a divorce matter, professional or not, ever benefits by actions that will alienate the relationship they have with their children – both short and long-term.

Retain the Legal Counsel You Deserve

Our divorce attorneys in Las Vegas are experts in handling divorce matters for professionals and high income/net worth clients. Their record of success has been acknowledged by the local legal community and clients alike. Call us today at 702-222- 4021 to speak directly with one of them and start on the road to getting back to the positive aspects of your life.

Do You Qualify for Alimony Payments in Your Divorce?

Posted on August 12, 2021 | by The Abrams Law Firm LLC

One of the most contested issues in divorce cases concerns alimony payments. Typically one party thinks they deserve it and the other party doesn’t want to pay it, or at least not the full amount that’s being asked for. In this article our Las Vegas divorce attorneys set the record straight on alimony payments.

Temporary Support and Alimony

During the divorce proceedings one spouse may qualify for temporary spousal support. This form of support is sometimes confused with alimony, but the two are significantly different. In short, temporary spousal support is the payment of funds from one spouse to the other, while the divorce proceedings are ongoing. Typically temporary spousal support is for everyday living expenses and, at times, attorney’s fees. The support ceases once the divorce matter concludes. Alimony, if any, occurs as a part of the Decree of Divorce, which is the final agreement between the divorcing spouses. So the of payment of alimony is from one ex-spouse to the other.

Why is Alimony So Complicated?

Divorce matter finances and other marriage particulars affect whether alimony payments are warranted. There are many factors to consider but the most important one is that there are no Nevada statutes that specifically define what makes alimony appropriate or not. And even if it is deemed appropriate, the amount and terms are not defined anywhere. It’s the ultimate divorce crap-shoot. The lack of statutes governing alimony should not be confused with the “Tonopah Formula” which is a set of general guidelines that some, but not all, family court judges may use to consider alimony requests. Guidelines are suggestions, not laws. And even if a judge does use them, each judge may interpret the guidelines differently. This leaves a large legal gray area and is the reason why alimony is so complicated. These complications make having the best divorce attorney for your case facts all the more important.

How Are Alimony Payments Structured?

Also significant is that there is no formula or even guidelines on how much alimony payments should be and for how long. Even the loosely used Tonopah Formula does not offer a payment amount calculation method. Like any other aspect of a divorce case, the structure of alimony payments is defined on a case by case basis. In general there are several payment methods that are routinely used:

Lump Sum Payment – This is a one-time payment at the conclusion of a divorce matter.
Monthly Payments – Typically these payments are for a limited time period covering months or years.
Life-Time Payments – This is the rarest of all alimony awards. Very few divorce matters end up with a negotiated settlement or court ruling for life-time alimony.

Can Alimony Payments Be Terminated?

Experienced divorce attorneys always include a clause in the Decree of Divorce that terminates alimony payments if the receiving party remarries – as long as it is to the benefit of their client. Rather than termination of alimony payments, modifying the payments is more common. There are numerous factors that can validate a request for a change in alimony payments with the most common being a substantial change in financial circumstances of the ex-spouse making the payments.

Are Alimony Payments Taxable?

Since 2019 alimony is no longer income tax deductible for the ex-spouse making the payments. The ex-spouse receiving the payments also does not have to report alimony payments as taxable income. The federal government made this change to increase the total income tax amounts they can legally collect with the thinking that removing tax deductions from the higher income earning ex-spouse will increase overall tax revenues.

The Bottom Line on Alimony

The divorce attorneys for both spouses are largely responsible for whether their client receives a favorable decision regarding alimony issues. There are too many concepts and not enough actual laws for it to be any different. If you have a lot at risk in your divorce matter, alimony is more than likely just one of your concerns. It’s always best to retain legal counsel commensurate with what you have at stake whether that is alimony, property distributions, or child custody disputes.

Las Vegas Divorce Attorneys for You

Our Las Vegas divorce attorneys have extensive experience in complex divorce matters including those that relate to alimony claims. Call our office at 702-222-4021 to speak with one of them to schedule a consultation.

Bill Gates Divorce

Posted on June 16, 2021 | by The Abrams Law Firm LLC

Bill Gates, the world’s fourth-richest person, and his wife, Melinda, recently announced that they are getting a divorce after nearly 30 years of marriage. They have an estimated combined net worth of $144 billion. The divorce was filed in King County Superior Court in Seattle, Washington. The divorce has captured public attention and has raised a number of questions in the divorce legal field. Read on for a discussion by our divorce attorneys in Las Vegas for several of the interesting issues in the Bill Gates divorce.

Grounds for the Bill Gates Divorce

Nevada is a purely no-fault divorce state. That means that parties cannot file for divorce based on evidence of wrongdoing such as abuse, adultery, or abandonment. Instead, parties are limited to one of a few no-fault grounds including incompatibility, separation, and insanity. Washington State, likewise, is a pure no-fault divorce state. In their divorce case, Melinda filed a petition for divorce on the grounds that the marriage is “irretrievably broken.” Bill Gates joined in the filing.

Issues in High Asset Divorces

Divorce attorneys know that high asset divorces raise unique and complex legal issues. Valuing and distributing complex assets like business ownership, real estate, and retirement plans can require the use of CPAs and other financial experts. Special court orders such as Qualified Domestic Relations Orders (QDROs) may be necessary for pensions and retirement plans. Because of the complicated nature of QDROs, there are certain of divorce attorneys that specialize in these complex documents.

Business considerations, professional relationships, and tax implications are likely to come into play in high asset divorces. The lives of employees and the financial well-being of shareholders may also be affected, but this is not an issue in the Gates’ divorce action. Moreover, couples who are in the limelight, especially those who are the public face of a company or brand, may have concerns about how their personal and professional lives will be affected by the divorce.

Bill and Melinda Gates present the ultimate example of a high-net-worth divorce. They have a number of extremely valuable assets, as well as many assets that require complex valuation and processes to apportion. Though the exact nature of their prenuptial agreement is not public, the couple’s assets include, among other things:

Over $166 million in real estate assets, including properties in several U.S. states and a private Caribbean island
Art valued at nearly $130 million
A $30 billion holding company funded with Microsoft assets with multiple interests in hotels, auto dealerships, and the Canadian National Railway
Shares in Microsoft worth more than $26 billion
Billions in cash and other liquid assets

Disentangling the ownership interest in these various assets will require significant legal work and financial expertise by the respective divorce attorneys for each party.

A Separation Agreement Keeps it Out of the Courtroom

Divorces can be difficult and time-consuming at the best of times. With the volume of assets and number of complicated issues raised by the Gates’ divorce, a combative proceeding could take years and cost millions of dollars in discovery, expert fees, and divorce attorney fees. Bill and Melinda Gates, however, appear to have taken pains to avoid a protracted court battle. Instead they have opted to resolve all of their issues in advance of their divorce filing.

As part of the divorce filing, they announced that they have a separation agreement in place. A separation agreement, prepared by experienced divorce attorneys, is a contract between divorcing parties to resolve all issues. This is much more preferable than having the court decide matters. The separation agreement is basically a divorce settlement that the parties’ divorce attorneys draft before filing for divorce. In the State of Washington, a court will generally be bound by the terms of the separation contract. The exception is if the court determines that the agreement was unfair when signed. If the judge deems the agreement unfair, then the court can invite the parties to dispute the matter and resolve any particular issues that gave rise to the finding. This is not expected to happen in the Gates’ divorce case.

The separation agreement suggests that the parties have worked extensively with their respective divorce attorneys and financial experts to evaluate their finances and resolve all divorce matters as conclusively as possible. Doing so saves time and effort in the courtroom and avoids the spectacle of a drawn-out public court battle. Deciding upon the terms of the agreement required not only negotiation over the assets to be kept by each party, but also significant considerations pertaining to business ownership, taxation, estate planning, gifting, assets to be distributed to their children, and other possible consequences of the massive amount of financial interests at stake.

No Custody or Child Support Issues

Bill and Melinda Gates do not have any minor children. But any divorce involving shared children can create several challenges. This is especially true when one party has significantly higher net worth and income. It would be a fascinating look at child support laws and court construction to establish whether Bill, the wealthier party, would owe any child support to Melinda, who is also worth billions of dollars. Of course, that would depend in large part on the custody arrangement.

As it stands, however, the couple has only adult children. It appears that the couple intentionally waited to file for divorce until after their youngest child achieved the age of majority. Adult children do not give rise to custody disputes, and they are not entitled to receive child support. There are also personal, familial reasons to wait until all the children are adult-aged to file for divorce. Though only their divorce attorneys know for sure, Bill and Melinda Gates likely accounted for their children in their separation agreement regardless.

What Happens to the Bill and Melinda Gates Foundation?

The Gates family is also known for its extensive charity work. The Bill and Melinda Gates Foundation is a massive charitable organization directing as much as $5 billion in annual grants (totaling more than $55 billion over the years) in 135 countries across the globe. Bill and Melinda are co-chairs of the Foundation, raising questions as to what will happen to the charitable organization after their divorce. Couples who co-own for-profit or non-profit companies face a host of complex legal issues when deciding how to split up the businesses in the divorce.

According to the couple, in this instance, many of those questions can be side-stepped. Bill and Melinda plan to remain as co-chairs and trustees of the Foundation, and they plan to continue to set the agenda for the organization, regardless of their divorce. Prominent divorce attorneys have speculated that, should they find themselves unable to work together in the future, the decision-making structure of the foundation would likely need to change.

Notably, the charity’s $50 billion endowment is in a charitable trust that is non-revocable. It is extremely unlikely that funds in that trust can be removed or apportioned as a marital asset, meaning that grant recipients should not be affected.

Get Effective Legal Advice and Representation from Las Vegas Divorce Attorneys

Our dedicated divorce attorneys in Las Vegas are ready to help you navigate all aspects of your divorce case. Call 702-222-4021 today to speak with one of them about a consultation.

Pensions and Divorce in Las Vegas

Posted on June 10, 2021 | by The Abrams Law Firm LLC

Not all assets in a divorce are as simple to divide as a bank account or a house. Some assets require complex valuation and additional legal hurdles in order to be properly distributed in divorce proceedings. Pensions and other retirement accounts raise a number of valuation issues, tax concerns, and legal technicalities. Divorcing spouses with a pension plan need the guidance of experienced Las Vegas divorce attorneys. The division of a pension plan not only requires complex calculations; it must also adhere to federal law. In this article our divorce attorneys discuss the complexities of dealing with pensions and divorce in Las Vegas.

Pensions Are Community Property in Nevada

Absent an enforceable pre or post nuptial agreement, property acquired during the marriage is presumed to be community property. Nevada statutes and case law make clear that pensions are considered community property. This includes both vested and unvested pensions. If one spouse believes that the property is sole and separately theirs, the burden of proof is on them. This is not an easy burden to overcome in any case and even more so when dealing with pensions.

How to Divide a Pension in Divorce

As a matter of practice, the pension should be dealt with during the divorce, rather than waiting until the pension funds are distributed. If both parties have pensions roughly equal in value, the best approach is to simply let each spouse keep their own pension funds. If one spouse’s pension is worth significantly more, then the divorce attorneys for each party will need to decide how to go about apportioning the value. The easiest option is to have the pensioner keep their entire pension but distribute their share of community assets to the other spouse to offset the pensioner keeping the full pension.

The complex part is calculating the pension values currently and over time, and the amount of each spouse’s share. Depending on the nature of the pension, the divorce attorneys for the parties may employ financial experts such as actuaries or CPAs to determine the expected value of the pension. Once the numbers are set, the other spouse could get stocks, or cash in a bank account, or even the house as an offset. This approach avoids wading into the more complicated waters of actually dividing up pension funds.

Qualified Domestic Relations Orders

In order to divide pension assets, a legal document called a Qualified Domestic Relations Order (QDRO) is required. QDROs are required for any pension plan that is governed by the Employee Retirement Income Security Act of 1974. Without a QDRO, the plan administrator lacks the authority to distribute funds to anyone other than the pensioner. The use of a QDRO also avoids tax penalties that can arise when retirement funds are accessed in advance of retirement. A QDRO is a complex court order that includes:

A calculation of the value of the pension
Instructions as to how pension funds should be distributed to the pensioner
Instructions for the distribution of pension funds to another party
Grants authority to the pension administrator to distribute funds accordingly

QDROs may not be included in the actual divorce decree. Often, the decree will simply refer to a QDRO that will be filed in the future. The QDRO is typically drafted by some combination of each party’s divorce attorneys with help from CPAs and other pension benefits experts. The QDRO will then be reviewed, approved, and so-ordered by the court.

Our Las Vegas Divorce Attorneys Protect Your Financial Future

You deserve your full share of a pension and/or other complex marital assets. These types of assets require the skills of divorce attorneys in Las Vegas with ample experience in such matters. We will provide sound counsel during your divorce proceedings and lead you every step of the way. Resolution is achieved through negotiated settlements in the majority of divorce cases. However, we are equally adept with trial litigation. Call 702-222-4021 to speak with one of our Las Vegas divorce attorneys.

Lottery Winnings in a Las Vegas Divorce

Posted on June 9, 2021 | by The Abrams Law Firm LLC

There have been cases where one spouse wins a lottery or comes into another form of financial windfall during a Las Vegas divorce case. If you win the lottery or achieve some other significant financial upside, but are separated or in the middle of a Las Vegas divorce, what happens to your money? Do you get to keep it for yourself or are you obligated to divulge and divide it with your soon-to-be-ex? Continue reading to learn more from our Las Vegas divorce attorneys on how Nevada law treats lottery winnings in a Las Vegas divorce.

Are Lottery Winnings Subject to Division?

Absent a pre or post nuptial agreement, assets acquired during marriage are generally community property, subject to division in a Las Vegas divorce. The rule applies even if you are living apart but don’t have an enforceable legal separation agreement. In fact, in Nevada, the rule applies even if you have already filed for divorce. Nevada is one of the rare states in which the marriage is still active, and marital assets are still accumulated, until the final divorce decree is issued.

If you purchase a winning lottery ticket, or come into a windfall through other means such as a granting or exercise of stock options, before the divorce is finalized, your financial gains are community property. That means you divide your new found wealth with your spouse in the divorce.

Separate Property Exceptions

You may be able to rely on an exception to the general rule to protect your winnings. If you inherit a lottery ticket from a deceased relative, or if you are given a lotto ticket as a gift, solely to you, from a third party, then the lottery winnings might be considered separate property. Additionally, if you purchased your lotto ticket before the marriage, you might be able to argue that the property was acquired before the marriage and thus constitutes separate property.

You might possibly even be able to protect your lotto winnings if you bought the ticket during the marriage but paid for it with separate property, such as with funds obtained via inheritance or gift. This argument may be considered a stretch, and not all courts will agree, but it could be worth making. In these instances, an experienced divorce attorney with a track record of success in high asset divorces should be consulted.

Never Hide Your Lottery Winnings

Whatever you do, do not try to hide your lottery winnings from your spouse. There have been a number of cases in recent history in which a person wins the lottery shortly before filing for divorce, or even after filing, and tries to hide it from their spouse. Courts do not take kindly to parties who try to hide assets in a divorce. Even the best divorce attorneys in Las Vegas will most likely not be able to convince a judge that the funds are all yours.

For example, in one case a woman won $1.3 million in the California Lottery and promptly filed for divorce 11 days later. She hid her lottery winnings from her husband and the court. Her husband’s divorce attorney, through investigation, found her lottery winnings. The family court judge not only demanded that her lottery winnings be included in the divorce proceeding–he penalized her by awarding the entirety of her winnings to her husband in the divorce. The law requires full and complete financial disclosure and you must provide it. Judges do not like being lied to. The same goes for divorce attorneys.

Lottery Winnings and Alimony, Child Support

Even if you manage to keep your lotto winnings, they will still be used as evidence of your financial circumstances for the sake of spousal support and child support. After all, you can afford to pay more now that you won the lottery. The entirety of your financial circumstances, including your separate property, are relevant when making decisions concerning child support and spousal support. For example, if you accept your winnings via monthly annuity payments, the court will consider those payments as part of your monthly income when evaluating support.

Protect Your Finances in Your Las Vegas Divorce

Our seasoned divorce lawyers in Las Vegas are ready to help you navigate all aspects of your divorce case, from property division to alimony and child custody. Call 702-222-4021 to speak with one of them about your important divorce matter concerns.

Pitfalls to Avoid in Prenuptial Agreements

Posted on June 3, 2021 | by The Abrams Law Firm LLC

Prenuptial agreements (also called antenuptial agreements or “prenups”) are no longer the exclusive concern of the rich and the famous. Today, they are an important consideration for any marrying couple, whether both spouses are income-earning or one spouse has significantly more wealth than the other. What many people don’t realize, until it’s too late, is that not all prenuptial agreements hold up in court. In this article, our seasoned Las Vegas prenuptial agreement attorneys discuss pitfalls to avoid in prenuptial agreements.

Full Disclosure is Necessary

A valid prenuptial agreement depends on both parties being honest and up-front regarding their finances. If either or both parties fail to disclose all relevant finances, and those assets or debts are discovered or disclosed during the divorce process, then the entire prenuptial agreement could be ruled invalid by a family court judge. Engaged couples should review their finances with accountants and/or financial advisors to make sure no important financial matters are forgotten, overlooked, or intentionally omitted.

Each Party Gets Their Own Divorce Lawyer

Discussing a prenup can be awkward, but it is an important facet of any modern marriage. However, even though it is something to be accomplished together, each party still needs their own divorce lawyer to review the agreement and offer legal counsel. A prenuptial agreement could be deemed invalid if one party did not consult with an attorney before signing unless they knowingly and voluntarily, without duress, waived this right in writing.

Keep it Relatively Fair

A prenuptial agreement does not have to divide assets equally or ensure that one spouse gets spousal support sufficient to equal their standard of living during the marriage. It can even be more protective of one party’s finances more so than the other party’s. The agreement cannot, however, be so one-sided that a court deems it “unconscionable.” If there is a significant wealth or income disparity between the parties, the agreement cannot leave the lower-earning spouse with pittance. This is especially true in long-term marriages. Since the term unconscionable is subjective, it’s important to have an experienced Las Vegas divorce attorney who knows what terms are reasonable given your unique circumstances. Their experience provides peace of mind that the prenuptial agreement protects your finances without risking a court deeming it invalid because it’s unconscionable.

Child Support and Custody Provisions Have No Place in Prenuptial Agreements

A prenuptial agreement can cover the division of property, spousal support, and a range of other divorce related matters. But it cannot dictate the provision of child support or establish custody rights. Such provisions will be ignored by the court, and may even cause the court to deem the entire agreement invalid. At minimum, it will cause the judge to consider the rest of the agreement with heightened scrutiny. Generally speaking, the agreement should have no provisions relating to a couple’s current or future children.

Sound Minds, Sound Agreement

Like any other contract, a prenuptial agreement is only valid if both parties are of sound mind when they sign. Neither party can be intoxicated or otherwise out of their sound mind. Nor will a prenuptial agreement be deemed valid if it is shown that one party was coerced into signing under duress, including financial, physical, or reputational threats.

Proper Time for Review and Signing

The timing of the presentation and signing of a prenuptial agreement is also an important factor. Each party must have appropriate time in which to seek legal counsel and consider all the terms before signing a prenuptial agreement. Once again, “appropriate time” is a subjective term. Our divorce attorneys in Las Vegas have had requests to prepare and present a prenuptial agreement for signing a week or two before the wedding date. These requests were refused because the short time frame is bound to cause problems in the future. While it’s not possible to exactly specify what appropriate time is, think in terms of at least over a month before your wedding date.

Protect Your Future with a Las Vegas Prenuptial Agreement Attorney’s Guidance

Talk to a divorce attorney in Las Vegas about how best to protect your assets in a prenuptial agreement. Our seasoned prenuptial agreement lawyers will draft and properly execute your prenuptial agreement. You will benefit from our dedicated legal counsel through every step of the process. Our attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Grandparents Rights

Posted on May 26, 2021 | by The Abrams Law Firm LLC

Family comes in many forms. Many people consider their “immediate family” to include more than just the traditional “nuclear” structure and may involve cousins, aunts, uncles, and grandparents. In many families, grandparents are just as involved in the upbringing of grandchildren as are the children’s direct parents. What happens if there is a conflict between a child’s parents and grandparents? Do grandparents have any custodial or visitation rights of their own, or do the wishes of the parents always control? In this article, we discuss the legal rights of grandparents under Nevada law.

Parents Can Deny Grandparents Visitation

Grandparents do not, by default, have the absolute right to visit their grandchildren. The law presumes that parents know what is best for their children, including with whom the children will interact. If a parent or parents decide that any particular grandparent should not be allowed to visit their children, then the parents can prevent any such visitation.

Grandparents Can Petition for Visitation

While grandparents are not guaranteed the right to visit their grandchildren, they do have the right to request visitation. Nevada Law explicitly provides that grandparents can obtain a “reasonable right” to visit a child under the following circumstances:

A parent of the child is deceased;
A parent of the child is divorced or separated from the parent with legal custody;
Has never been legally married to the other parent of the child, but cohabited with the other parent and is deceased or separated from the parent; or
A parent of the child has relinquished their parental rights or have had their parental rights legally terminated.

To obtain visitation rights, when the child’s parent(s) are denying visitation, the grandparent must:

File a petition with the family courts;
Demonstrate that a parent of the child “has denied or unreasonably restricted visits with the child”; and
Overcome the presumption that the child’s parents know best and it is in the child’s best interests to grant the grandparent’s right to visit.

The burden to prove that it’s in the child’s best interest for grandparent visitation is on the petitioner(s). Nevada Law presumes that when a parent denies visitation to a grandparent, that denial is in the child’s best interest. A grandparent can overcome that presumption by providing clear and convincing evidence that grandparent visitation is in the child’s best interest. Clear and convincing evidence is a concept that varies from judge to judge. Any grandparent seeking to get court ordered visitation with their grandchildren should have the legal counsel and representation of an experienced Las Vegas divorce attorney.

Weighing the Child’s Best Interest

Under Nevada Law NRS 125C.0035 covers aspects of what is in the best interest of the child. Again, this is a subjective general set of guidelines and can be interpreted differently depending on the judge in the case. When a grandparent petitions for visitation over the objection of the child’s parents or legal custodian, the grandparent must demonstrate that visitation is in the child’s best interest. The court will look at a variety of factors to weigh the child’s best interest, including the following:

Love, affection, and ties between the child and the grandparent;
The mental, physical, emotional, and moral fitness of the grandparent;
The willingness and ability of the grandparent to encourage and foster a relationship between the child and the child’s parents and other relatives;
The reasonable preference and age of the grandchild;
Additional factors, including whatever else the court (judge) deems relevant.

Help With Grandparents Rights in Las Vegas

If you have a child custody dispute with an ex-spouse, co-parent, or concerning the rights of grandparents, reach out to a Las Vegas child custody attorney to discuss your options and your rights. Our divorce attorneys have the dedication and experience to assist you with any issue. Call 702-222-4021 to speak directly with one of them.

Divorce Attorneys - Temporary Spousal Support

What is Temporary Spousal Support?

Posted on May 15, 2021 | by The Abrams Law Firm LLC

Nevada law provides for several different types of spousal support. Depending on a number of factors, if one spouse in a divorce proceeding has a higher income than the other, a court may award temporary spousal support during the length of the proceedings. This temporary support is designed to help the lower-income spouse pay for living expenses until the divorce is final. Some people confuse temporary spousal support with alimony. Alimony payments, if any, occur after the divorce proceedings have concluded. An award of temporary spousal support means that a spouse needing support doesn’t have to wait until the divorce is final. Temporary spousal support can also cover fees for your divorce attorney. Continue reading to learn about temporary spousal support and the other types of support available to you. You can also call our experienced Las Vegas divorce attorneys for help with spousal support, alimony, and all other divorce matter issues.

How Does Temporary Spousal Support Work?

Temporary spousal support, also called temporary maintenance, refers to spousal support granted during the pendency of the divorce, rather than after the divorce is finalized. Temporary spousal support may be available where one spouse is financially dependent upon the other and is otherwise unable to cover their living, shared child, and divorce attorney’s fees while the divorce is still pending. Knowledgeable divorce attorneys also include case costs in motions for temporary spousal support.

According to Nevada Revised Statutes (NRS) section 125.040, a court may award temporary spousal support during the pendency of a divorce lawsuit in order to:

Provide for temporary maintenance of the party;
Provide for temporary maintenance for shared children, or
Enable the party to carry on or defend the lawsuit (divorce case)

Temporary spousal support may thus be granted to provide for the basic expenses of one of the spouses, to take care of the parties’ children, or to ensure that a party can cover their legal expenses and proceed with the divorce under the guidance of a qualified divorce attorney. The court will consider the financial circumstances of each party and other relevant factors in determining whether to award temporary support.

Other Types of Support Available

Nevada law permits family courts to award three other types of spousal support after the divorce proceeding is concluded. These three types concern alimony awarded upon conclusion of the divorce proceeding including:

Rehabilitative alimony. Rehabilitative alimony is the most common form of alimony in Las Vegas divorce cases. The court expects that the spouse will be self-sufficient at some point, but will require time, education, and job training to reach financial independence. This type of alimony is intended to support a spouse while they obtain the skills and education necessary to be self-supporting; it is meant to end once it is no longer necessary. The spouse receiving rehabilitative alimony will be required to make good faith efforts toward financial independence.
Short-term alimony. Short-term alimony is awarded when one spouse is financially dependent upon the other, but should be able to achieve financial independence in a relatively short period of time. A specific end date or event will trigger the end of the alimony payments. For example, a court may decide that a spouse needs 12 months of short-term alimony to become financially independent.
Permanent alimony. Permanent alimony, also called lifetime alimony, is spousal support with no established termination date or termination event, aside from the death of either party or the remarriage of the recipient. Savvy divorce attorneys often include a life insurance policy provision to ensure alimony payments in the case of the death of an ex-spouse. This form of alimony is far less common than the other two forms. Permanent alimony is typically reserved for long-term marriages where one spouse is not able to become completely financially independent. For example, if the spouse was a homemaker for 30 years supporting the marriage and the family and was never employed outside the home.

Expert Legal Counsel from Our Las Vegas Divorce Attorneys

Talk to our Las Vegas divorce attorneys about your options for temporary spousal support or alimony. Our experienced divorce attorneys are ready to lead you through all aspects of your divorce case. You will benefit from our dedicated legal counsel through every phase of the proceedings. Our Las Vegas divorce attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Divorce and Social Security Benefits

Posted on May 11, 2021 | by The Abrams Law Firm LLC

When you divorce, all of your income and assets obtained during the divorce are subject to distributions that are not covered in a pre or post-marital agreement. Not all forms of income are treated the same, but all may come into play. There are special rules for certain assets such as pension funds, retirement benefits, and Social Security benefits. In this article, our Las Vegas divorce attorneys discuss how Nevada state law and federal law deal with divorce and social security benefits.

Social Security is Income

In addition to considering how Social Security benefits will be divided upon divorce, it is important to remember that Nevada courts consider Social Security benefits to be “income” for the purposes of calculating alimony and child support. If one party is receiving Social Security benefits, those funds will be considered when deciding whether to award alimony or child support and how much to award.

Future Social Security Benefits Are Not Technically Community Property

The treatment of Social Security in divorce is complicated by the interaction between federal and state law. Nevada state law governs divorce, but Social Security is a program governed by federal law. Future Social Security benefits are actually an entitlement to benefits in accordance with the Social Security Act. Federal law provides that such benefits are not transferable or assignable and are not subject to any legal process. Federal law preempts any conflicting state law, such as Nevada family law. Social Security benefits cannot be divided in a property settlement agreement. All information in this article is subject to change. Therefore, it’s important to consult with an experienced divorce attorney to be aware of the current status.

When Can an Ex-Spouse Receive Social Security Benefits?

If only one party to the divorce is entitled to Social Security benefits, or if they are entitled to significantly greater benefits than the other spouse, then the other spouse might be entitled to a portion of the recipient spouse’s benefits. Very specific rules govern when a former spouse can receive a share of their ex’s Social Security benefits, however.

General Divorce and Social Security Provisions

First of all, the spouse seeking benefits must be at least 62 years old, must have been married to their ex for at least 10 years, must now be unmarried, and must not be eligible for a higher Social Security benefit based on their work record. If those factors are all true, then that spouse could be eligible to receive a portion (50%) of their ex’s social security benefits.

To collect, however, additional factors must be in place. The ex (the source of the benefits) must also be at least 62 years old and must be eligible to receive Social Security benefits. They do not have to be actually receiving the benefits yet, but they must be eligible. There are other complications and potential routes to collection based on specific circumstances. For example, if the ex-spouse (who would be entitled to Social Security benefits) is deceased, and the divorced spouse does not remarry before age 60, they might be able to collect benefits as a former spouse. Talk to your divorce attorney about your Social Security benefits and eligibility to discuss the specifics of your situation.

Birthday is Also a Factor

According to the United States government’s social security benefits website, the following also applies: “If your ex-spouse was born before January 2, 1954, and has already reached full retirement age, they can choose to receive only the divorced spouse’s benefit and delay receiving their own retirement benefit until a later date.”

“If your ex-spouse’s birthday is January 2, 1954 or later, the option to take only one benefit at full retirement age no longer exists. If your ex-spouse files for one benefit, they will be effectively filing for all retirement or spousal benefits.”

Trusted Legal Advice For Your Las Vegas Divorce

Call an experienced Las Vegas divorce attorney for assistance with your divorce or divorce-related matter. Our expert divorce lawyers in Las Vegas are ready to lead you through all aspects of your divorce case, including division of complex assets, alimony, child custody disputes, and all other related issues. Call 702-222-4021 to speak directly with one of them about a consultation.

Commingling Separate and Community Property

Posted on May 4, 2021 | by The Abrams Law Firm LLC

In Nevada, all marital or community property is subject to division upon divorce. Community property includes all assets acquired during the marriage, with limited exceptions (such as inheritance and gifts specifically to one party, or assets covered in a pre or post-marital agreement). Generally, separate property is property already in possession of each party before the marriage. Separate property is not subject to division in the divorce. However, matters become complicated when separate and community property are commingled together. Read on for an explanation from our expert divorce lawyers in Las Vegas of how commingling separate and community property can affect your rights upon divorce.

What is Commingling of Assets?

Commingling of assets occurs when community funds are used to support separate property, and vice versa. Couples may, for example, pool their finances into a joint bank account and then use that account to purchase a home. The funds started as separate property, were mixed together in a joint account, and then used to purchase what is ostensibly a piece of community property. Commingling might occur when an inheritance (separate property) is deposited into a joint account. Commingling also includes when community funds are used to increase the value of separate property, such as if funds from a community bank account, or funds earned during the marriage, are used to renovate a separately owned house.

What Happens When You Commingle Assets?

Commingling assets carries the risk of converting separate property into community property and thus subject to division during divorce proceedings. Unless you keep very specific, detailed records, an asset such as a joint bank account is likely to become fully community property. This is true even if it started with deposits from separate property funds, or funds from just one party. Likewise, income obtained after the marriage has begun is generally community property regardless if only one spouse earned it. So depositing the income funds into a separate bank account can muddy the waters regarding whether that account is separate or community property. When separate property is used to purchase something for the benefit of the marriage, and separate ownership is not made explicit in writing, then it is likely to be treated as community property.

Pensions and Retirement Accounts

Some assets can include both separate and community property. For example, pension funds and other retirement instruments that were created before marriage have special rules that determine which parts are community property and which parts are separate. Nevada law generally holds that the appreciation in value that occurs once the marriage starts is treated as community property. If there is no active effort to increase the value, however, there may be an argument that the property remained separate even after the marriage and even upon some modest appreciation in value. Discuss your finances with your divorce attorney to find out which property can be kept separate during your divorce, and which must be included in the divorce property divisions.

The Challenges of Keeping Separate Property Separate

Keeping separate property separate is not an easy task. Enshrining certain assets as separate in a prenuptial agreement is likely the safest path. Otherwise, keeping receipts and detailed records in order to prove ownership in the future is likely too burdensome to maintain and too difficult to reconstruct. Separate property not covered by a prenuptial agreement, which the parties wish to keep separate, should never be commingled with any forms of community funds or marital efforts.

If you are concerned about keeping your separate property separate:

Get a prenuptial or post-nuptial agreement properly drafted by a qualified divorce attorney.
Do not commingle assets.
Do not deposit community funds into a separate account or vice versa.
Do not use separate funds to improve upon community property.
Do not transfer funds between separate and community accounts.

Call for Experienced Legal Advice

Our dedicated divorce lawyers in Las Vegas are ready to help you navigate all aspects of your divorce case. This includes everything from complex asset evaluation and property division to alimony and child custody issues. We will help you locate all assets that make up the marital estate, ensure that you get your share, and protect you and your children. Our Las Vegas divorce attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Can Alimony Be Modified?

Posted on April 27, 2021 | by The Abrams Law Firm LLC

The family court’s decree of divorce is intended to be the final word on the various issues involved in the divorce, including property division, child custody, and alimony. The courts, however, recognize that not everything can be set in stone. Life circumstances may change and a set alimony award may become inappropriate in the future. If your alimony arrangement no longer works for you, what are your options? In this article, our experienced Las Vegas divorce attorneys explain the circumstances and how alimony can be modified.

Non-Modifiable Alimony

If the decree of divorce stipulates that alimony is non-modifiable, the family courts generally will not consider a petition to change it. The court’s reasoning is based on the fact that both parties agreed to the terms of the decree of divorce including whether an alimony modification should ever be considered. The experience of a Las Vegas divorce attorney is critical in deciding whether to include a non-modifiable clause in a decree of divorce. There are numerous factors to consider including present and possible future financial circumstances. Since no one can accurately predict what will happen in the future, there are risks in both modifiable and non-modifiable alimony.

Modifying Alimony

Nevada law allows a divorced party to seek a modification of an alimony award even after the order is issued and the alimony arrangement has been in place after the final decree of divorce. Absent an agreed upon alimony change by the ex-spouses, a party must petition the court to authorize a change in future alimony payments. They must demonstrate that they have experienced a substantial change in circumstances that warrants a modification of the order. A family court judge will consider many factors when evaluating a petition to modify an alimony award. At the core, the court will be looking for a change in financial circumstances sufficient to merit modification of the award.

According to NRS 125.150, if the paying party’s income has been reduced by 20 percent or more since the alimony award was issued, they have experienced a change in circumstances sufficient to warrant modification of the order. Even if the paying party’s income has not decreased by a full 20 percent, modification might still be an option. In particular, the court must consider “whether the income of the spouse who is ordered to pay alimony . . . has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.”

If the court finds that there has been a sufficient change in circumstances, the court will undertake an analysis reconsidering all of the factors relevant to the original alimony determination. The first factors considered are the need of the recipient spouse for alimony and the ability of the paying spouse to pay. The court will also consider factors including the length of the marriage, the financial condition of each party, the standard of living during the marriage, whether each spouse obtained specialized education or training during the marriage, the physical and mental condition of each party insofar as it relates to their ability to work, and other relevant issues.

Only Future Alimony Payments

Importantly, the modification provision generally only applies to future payments. If a party has already paid a lump sum in alimony, or if their obligation to pay certain periodic payments has already become due, the law generally prohibits modification. In other words, there is no “grandfather” aspects of payments already made or due.

Get Expert Legal Counsel for Your Alimony Dispute

Talk to one of our divorce attorneys in Las Vegas about your options and learn how to put yourself in the best position to seek a modification of your alimony. Our seasoned alimony modification lawyers are ready to lead you through seeking modification of your alimony. Our Las Vegas divorce attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Paternity Issues in a Las Vegas Divorce

Posted on April 8, 2021 | by The Abrams Law Firm LLC

Typically, the parentage of children to a marriage is clear: The married parties are the legal parents of the children. If, however, there is a question as to the identity of the biological father, or if the children are from a previous relationship, then issues of paternity might arise. In a divorce, it is important for all parties to know and establish their legal status with regards to any children. If the husband’s paternity is unknown or unclear, there could be legal consequences for the paternity issues in a Las Vegas divorce.

Paternity Must be Established

Paternity refers to the legal relationship between a father and a child. In Nevada, if a child is born during a marriage, the husband is presumed to be the father. An interested party can legally challenge that presumption, such as the mother, the putative father, or another person claiming to be the father.

If a child is born outside of marriage, then paternity must be established either through voluntary acknowledgment by both parents or via court order. A voluntary acknowledgment of parentage must be notarized or witnessed, signed by both parents, and filed with the Office of Vital Records.

If paternity is challenged, typically, the matter will be resolved through the use of genetic testing. An alleged father can voluntarily submit to DNA testing, or a court can order genetic testing as part of a divorce proceeding where parentage is contested. Paternity can be established at any time after a child is born until the child reaches the age of 21.

Child Custody Issues

Usually, only legal parents can seek custody of a child. But, non-parents such as grandparents may apply for guardianship in extreme circumstances. In a divorce between a biological parent and a non-biological parent, the biological parent is almost certainly going to win custody. Until a legal declaration of parentage or adoption, or a ruling that the biological parent is legally unfit for child custody, visitation is likely the best a non-biological parent can hope for.

Child Support Factors

Nevada law guarantees children financial support. If one parent has primary physical custody, the non-custodial parent is likely to owe some amount of child support based on a variety of factors. These can include the amount of time each parent spends with the child, the respective incomes of each parent, and the needs of the child.

The child support requirement, however, applies only to legal parents. Step-parents are generally not required to pay child support, even if the party was married for a long time. The step-parent may owe alimony to their ex-spouse after a divorce, but they likely will not be ordered to pay child support unless they agree to do so.

Adoption Legal Rights

It is important to recognize that adoption creates a permanent legal bond between a parent and a child. If a step-parent adopts a child, divorcing the child’s other parent will not sever that relationship. The adoptive parent will have the right to seek custody, may owe child support, and will otherwise have all the rights and obligations of a legal parent.

Dedicated Las Vegas Divorce Attorney

Our knowledgeable Las Vegas child custody attorneys can help you deal with any paternity, custody, or other parentage questions in your Las Vegas divorce matter. Our expert divorce lawyers have years of experience handling all manner of marital law issues. We stand ready to help you defend your rights and protect your family. Our legal team is prepared to handle even the most complex and sensitive divorce issues. Our Las Vegas divorce attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Pros and Cons of Divorce Mediation

Posted on March 27, 2021 | by The Abrams Law Firm LLC

Divorce mediation is a form of alternative dispute resolution under which divorcing spouses mutually agree to negotiate toward a settlement. This is done with the help of a neutral third-party divorce mediator. The mediator does not issue binding decisions like a court. Instead a mediator helps resolve the issues and bring the parties together to reach a final agreement. Divorce mediation is generally preferable over litigation for several reasons. There are, however, a few drawbacks to mediation. We discuss the pros and cons of divorce mediation in Las Vegas in this article.

The Benefits of Divorce Mediation

Two of the biggest advantages of divorce mediation over litigation are time and costs. Lengthy court battles, especially if they go all the way to trial, are expensive. Your divorce attorney must invest the time to gather evidence, draft, file, and argue motions, take depositions, and possibly hire expert witnesses. All this attorney time adds up. Moreover, the process can take as much as several years if the divorcing spouses never come to a settlement agreement.

Divorce mediation, on the other hand, promises to be quicker, easier, and less expensive. Mediation can resolve divorce disputes in a matter of weeks or months, in one or a handful of sessions. This process, if successful, is certainly less than a protracted court battle. It is also likely to resolve much faster and often with less ill-will. But that’s provided that the parties can eventually agree on all issues, with help from the divorce mediator and their respective divorce lawyers.

Divorce mediation is also less formal and less contentious than litigation. Mediation is meant to be guided by the mediator and can incorporate as many or as few formal rules as the divorcing spouses are willing to agree to. Divorce mediators facilitate discussion to find reasonable solutions to disputed issues, while still incorporating an objective view of the facts and the law. Divorce mediation can be much less heated because the objective is to seek mutually agreeable solutions to disputed issues. The parties can work at their own pace and deal with formalities where necessary.

The Drawbacks of Mediation

Mediation is not perfect. First of all, it requires mutual agreement. One spouse cannot mediate alone or force the other party’s consent to mediate. One party can, in fact, blow up the whole process at any time before the final agreement is signed and executed. Therefore, both spouses should reasonably believe that the other spouse is participating in good faith.

There have been instances where one spouse feigns agreement to divorce mediation for subversive purposes. This is usually done to draw the process out longer and wear down their opposing party. Mediation is simply unlikely to work when at least one party is toxic, overly heated, or otherwise refuses to cooperate.

It is important to keep in mind that divorce mediators do not provide legal advice. But you do not have to attend divorce mediation sessions alone. Divorce attorneys can represent each spouse during all phases of the mediation process. Mediators are meant to be neutral third parties. If you go to mediation sessions without a divorce lawyer on your side, you will be without legal counsel, and you will make decisions without the legal and practical knowledge which comes from decades of experience.

Divorce mediation can be halted at any time. At that point, the matter is taken to court following the usual contested divorce process. Because mediation is meant to be private, agreements made during mediation should not carry over to the litigation. A seasoned divorce attorney knows how to make sure that all mediation discussions and agreements are confidential.

When an Agreement is Reached

If the spouses come to an agreement on all divorce-related matters, then one of their divorce attorneys will draft a decree of divorce. The other spouse’s divorce attorney then reviews the draft decree and may have comments or edits. A decree incorporates language which is legally required to dissolve the marriage with the agreed upon issues from the divorce mediation sessions.

Las Vegas Divorce Mediation Lawyers

Our Las Vegas divorce lawyers are divorce law experts, including divorce mediation. They are ready to lead you through all aspects of your divorce case: the division of complex assets, alimony, child custody disputes, and all other related issues. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Coping With Contested Divorce

Posted on March 19, 2021 | by The Abrams Law Firm LLC

Even an uncontested divorce can be emotionally challenging, combining feelings of loss and any number of other emotions. But when the divorce is contested, dealing with an angry ex can make the process even worse. Contested divorces are likely to last longer than uncontested divorces, involve significant conflict, and thus carry higher legal fees. In this article our contested divorce lawyers in Las Vegas discuss a few tips for coping with contested divorce.

Minimize Communication with Your Ex

In contested divorces, spouses tend to be very upset with one another. Harsh words are likely to be spoken. Divorcing spouses know how to get under each other’s skin. The best thing to do is to limit communication with your spouse to those that are absolutely necessary, such as coordinating the exchange of shared children. All matters pertaining to the divorce should be filtered through your divorce attorneys, not discussed directly with one another.

If you can use third parties as go-betweens for other matters, such as picking up furniture or other personal items, all the better. If you have personal matters that need discussion, it helps to discuss them in writing via email in order to avoid heated emotions spilling out. After you write the email, read it with an objective mind and remove any content that could make matters worse. If possible, wait 24 hours before re-reading the email. Taking a one day break after composing your message may cause you to view the tone of the email in a different light.

Make Plans with Family and Friends

Contested divorces can make people feel isolated. This is especially true due to the COVID-19 social restrictions. Your friends and your family are there to support you, whether times are good or bad. Make plans to see your loved ones (even if it’s just on Zoom or Facetime), and stick to them. Don’t give in to the temptation of last minute cancellations. These experiences will remind you of the good things you have going in your life.

Be thoughtful about who you choose to share your thoughts with – for two reasons. First, you and your soon-to-be ex-spouse may have friends in common. There’s no need to be paranoid about whom you should trust, but error on the conservative side. Most importantly, if your concerns are about your contested divorce case, your divorce lawyer is the best person to speak with. There is no substitute for the experience of an expert divorce attorney.

Second, talking about non-divorce topics gives your mind a chance to clear. It’s easy to be focused on your contested divorce – even to the point of OCD. Bringing up positive topics causes a general feeling of well-being and can “get you out of your head.” But remember to listen as well. Your friends have their own lives – and their own positive aspects and their own concerns.

Stay Healthy – Mentally and Physically

Contested divorces can do a number on your mental and physical health. Stress is inevitable and it can cause bouts of negative thoughts and physical malaise. It is easy to spend time dwelling on the divorce proceedings. This can lead to unhealthy snacking, binge eating, and lack of motivation to exercise and otherwise be healthy. Some divorcing spouses may even turn to drugs or excessive alcohol to cope. These habits, in turn, make you feel worse. It’s a negative, self-reinforcing cycle. Breaking the cycle with healthy habits like eating better foods and getting regular exercise will not only make you feel better about how you look; it will make you feel better mentally as well. Even just 30 minutes of exercise a day has been shown to stave off anxiety and depression.

See a Counselor or Therapist

Sometimes it can be difficult to share openly with friends and family members. Talking to a professional can go a long way when you are feeling strained. There are counselors who specialize in contested divorce and the associated challenges. They understand what you are going through and know how to help you. Consider working with a counselor or therapist individually or joining a support group for divorcing and divorced parties to help get you through the low points and stay level. Your divorce lawyer should provide you with a list of professionals in your area to choose from.

Hire an Experienced Contested Divorce Lawyer

Talk to a divorce lawyer that specializes in contested divorces. They provide a greater value than a general practitioner or a divorce lawyer who mostly handles uncontested divorces. Our divorce lawyers have the dedication and institutional knowledge to guide you through all aspects of your contested divorce, from temporary spousal support and alimony to property division and child custody issues. They are familiar with the most complex and sensitive of issues.

Our Las Vegas divorce attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Gray Divorce: A Growing Trend

Posted on March 13, 2021 | by The Abrams Law Firm LLC

While divorces among younger age groups have leveled off or even begun to slightly drop in recent years, divorces among couples aged 50 or older have skyrocketed over the last three decades. Sociologists suggest that many factors have led to the rise in these so-called gray divorces including:

Life expectancy increases
The availability of online dating for more mature singles
Cultural shifts towards a belief that being happy is more important than staying married, and;
The economic gains of women in the last few decades.

The following article, written by our Las Vegas divorce lawyers, discusses the rising trend of gray divorces and some of the aspects that render these divorces different from divorces involving younger parties.

Gray Divorce Statistics

The rate of gray divorces has more than doubled since the late twentieth century. According to a recent study looking at the number of divorces per 1,000 women aged 50 and older, the rate of gray divorces jumped from 4.9 in 1990 to 10.7 in 2008. From 2008 to 2017, the rate dropped a bit to 10.3, but still more than twice the rate of the early 1990s. In 2017, 344,755 women aged 50 and older obtained a divorce. The study was based on a review of U.S. census data and other sources.

The study also looked at the divorce rate by state. Nevada came in with the second-highest gray divorce rate, with 12.5 divorces per 1,000. This was just behind Delaware’s gray divorce rate of 13.4 per 1,000. These are not just second or third marriages entered into between older couples on a lark: Over half of all gray divorces are between couples who have been married for 20 or more years.

Unique Aspects of a Gray Divorce

Gray divorces introduce additional complexities that require the skill set of experienced divorce attorneys. Some of the aspects that distinguish gray divorces from younger couples include:

Complex asset division. Younger couples may have little more than a bank account, a couple of cars, and perhaps a house to divide upon divorce. Couples in their 50s and 60s, on the other hand, have built up a lifetime of assets. Assets may include business ownership, well-developed retirement accounts and pensions, multiple types of real estate, investment portfolios, and more. These types of assets require expert understanding to properly characterize, value, and divide between the divorcing spouses.
Spousal support/alimony. Nevada family courts award alimony based on several factors, including the income disparity between the parties, the necessity of financial support due to health issues, and whether one spouse needs retraining to get back into the workforce. One of the biggest factors is the length of the marriage: As a general rule permanent alimony is unlikely to be awarded for marriages that lasted less than 20 years. With gray divorces, the likelihood of a 20+ year marriage is more likely, as is the likelihood that the lower-earning party cannot reasonably be expected to suddenly reenter the workforce. As a result, permanent alimony is more likely to be a possibility, but never a guarantee.
Minor children. One facet of gray divorces is actually easier on average as compared to divorces involving younger couples: Gray divorces are much less likely to involve minor children. Gray divorces will likely not need to resolve issues concerning child support, child custody, or other parenting time matters. However, the divorcing spouses must still take into account life insurance and retirement accounts benefiting adult children, as well as consider relevant children from earlier marriages. If the couple has any special needs children, the divorce proceeding should address providing for them as well.

Make the Change You Need With Help from Trusted Divorce Attorneys

Call an experienced divorce attorney for assistance with your divorce or divorce-related matter. Our Las Vegas divorce lawyers are divorce law experts. They are ready to lead you through all aspects of your divorce case, including residency determinations, alimony, property division, and all other divorce related issues. Our divorce lawyers will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

Business Owners and Divorce

Posted on March 4, 2021 | by The Abrams Law Firm LLC

Divorce is complicated enough when dealing with standard marital assets such as bank accounts and family homes. And when one or both parties to the divorce have an ownership stake in a business, matters can quickly become even more complex. Is business ownership subject to division in divorce? How do you value or apportion business ownership? In this article, our Las Vegas divorce attorneys discuss the challenges faced by business owners in divorce.

Is a Business a Marital Asset?

First let’s assume the spouses do not have an enforceable prenuptial or post-nuptial agreement fully resolving the issue of business apportionment. (We’ll discuss pre and post nups in a later article.) In Nevada, all community property is subject to division upon divorce, while separate property remains separate and apart from the proceedings. Absent an enforceable agreement to the contrary, the business is marital property subject to division during divorce proceedings. This marital property issue unveils a host of issues:

When was the business started?
Did one or both spouses start the business?
Where did the funds come from to start the business?
Did one or both spouses work at the business and help build it?
Were marital funds ever used to increase the business value?
Does the business have outside partners or shareholders?
What is the agreed upon value of the business?
Do the spouses want to sell the business?

These are not trivial matters. Business ownership poses many complex questions in a divorce proceeding. The determinations made during the divorce case can have immediate and long term financial and logistical consequences. Business owners and their spouses require a divorce attorney with a deep understanding of divorce law and a successful track record in complicated divorce cases.

Establishing the Business Value

An important aspect of business ownership interest is determining the value of the business. The value of the business must be assessed before it can be divided. The spouses will likely need to hire one or more professional business valuators to accomplish this. Sometimes the divorce attorneys representing each spouse can agree on one business valuator. But if that cannot be agreed upon, each party has the right to produce their own business valuation report from their own expert witness. Expert business valuators must have a detailed understanding of business, finance, and to the degree possible, knowledge of the industry of the specific business at issue. They should also be certified experts by the Clark County Family Court.

Dividing the Business

The divorcing spouses or the court will need to decide who gets what share of the business interests upon divorce. If the parties can agree to business ownership value through the negotiations of their respective divorce attorneys, all the better. If they disagree, the court will need to decide.

One of the most common ways to deal with splitting business ownership is an asset trade-off: One spouse gets the business (typically, the spouse more involved with running the business) while the other spouse gets assets equal in value to their marital business interest, whether that be cash, stocks, bonds, real estate, or other property.

In addition to the complexities of establishing and distributing ownership, it is important to keep business administration in mind during and after the divorce. Payment terms in the divorce could affect cash flow for the business. Shifts in ownership could affect business management, shareholder value, and business partner confidence. If you are dealing with business ownership interests as part of your Las Vegas divorce, make sure you have an experienced, knowledgeable, and successful divorce attorney on your side.

Expert Legal Representation

We are the only Las Vegas area law firm exclusively dedicated to complex divorce matters. Call us for assistance with your complex divorce or divorce-related matter. Our expert divorce lawyers are ready to lead you through all aspects of your case. This includes business ownership interests, alimony, property division, child custody disputes, and all divorce related issues.

Our Las Vegas divorce attorneys can answer your questions to help you decide if a consultation is right for you. Call our office at 702-222-4021 to personally speak with one of them.

Can I Date During a Divorce?

Posted on February 19, 2021 | by The Abrams Law Firm LLC

Divorce is an opportunity to kick-start the next phase of your life. You get to decide who you want to be after your divorce. That could mean finding new hobbies, moving to a new location, getting a new job, or starting a new relationship. While you are not legally prohibited from dating while the divorce is still pending, there are important considerations to take into account in deciding whether to do so or not. If you do choose to date, you need to consider the affects it will have on your pending divorce case. Experienced divorce lawyers in Las Vegas know that there are reasons why you might want to limit dating activity or at least keep it off of social media until the divorce is finalized. Below, we discuss a few of the issues to consider when deciding whether to date while your divorce case is active.

No Fault Divorce

Nevada, like every other state, allows for a no-fault divorce. In fact, Nevada is a “pure” no-fault divorce state. In other words, spouses seeking to divorce can only file for no-fault reasons such as irreconcilable differences. No one can legally allege improper behavior such as adultery as a reason to file for divorce.

However, if you are, or were, wasting marital resources on a third party, those funds could come out of your share of the marital property distribution. Waste or dissolution of marital assets may be alleged when a party spends amounts on gifts, vacations, or rent for a non-spouse. Outside of wasting your marital assets on your new relationship, you needn’t worry about fault allegations when considering whether to date or not. However, just because you can do something it doesn’t mean you should.

Child Custody Considerations

Family courts base child custody decisions on the best interests of the children. Introducing a new party into the lives of your children can be a disadvantage during the divorce process. This is particularly true if the new third party has a history of criminal behavior, mental health issues, or drug/alcohol abuse. In these instances, any qualified divorce lawyer retained by your spouse should argue that the presence of the new third party poses risks to the children. This could have a serious negative affect on a child custody determination. It’s also true that this could affect your child custody rights post-divorce. In either situation, you should carefully consider any new cohabitation arrangement when you have shared minor children.

Alimony and Cohabitation

Nevada courts may order one of several different types of alimony depending on the circumstance of the spouses. In general, alimony can be short-term with a set end date, rehabilitative, or permanent. In all cases, alimony is based upon the idea that one ex-spouse needs support from the other in order to be financially stable and independent. Any competent divorce attorney will include a clause in the final decree of divorce that ends alimony in the case of remarriage.

Additionally, since cohabitation is now so socially accepted, it may also be included as a reason to cease alimony payments. In Nevada, termination of alimony based on cohabitation usually requires that the new partner is financially supporting the recipient ex-spouse, thus removing the need for alimony payments. Merely entering into a new relationship before, during, or after your divorce does not constitute sufficient cohabitation to end the need for alimony. If you choose to date during your divorce you should nevertheless be wary. An aggressive divorce attorney on the other side may argue that your new partner is financially supporting you, thus reducing or eliminating your need for alimony.

Resolving the Divorce Amicably is Always Best

Divorces can be amicable or hard-fought. How the divorce process resolves depends in part on the complexity and significance of contested issues such as alimony, child custody, and the division of community property. It also depends on the personalities of the divorcing spouses and their relationship with one another. Dating while the divorce process is ongoing can create anger or resentment in your soon-to-be ex-spouse. In any event, you should never publicize your new relationship on social media and brag about how happy you are now. A divorce that could have been quickly and quietly resolved through your divorce lawyer’s negotiations might turn into a nasty court battle. If you can wait a few months to begin seeing other people or publicly announce the start of a new relationship, it is in your overall best interests to do so.

Legal Advice and Representation for Your Las Vegas Divorce

We are ready to lead you through all aspects of your divorce case, including division of complex assets, alimony, and child custody disputes. Our Las Vegas divorce attorneys will speak to you directly and assist you in setting up a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.

International Child Custody Disputes

Posted on February 13, 2021 | by The Abrams Law Firm LLC

Child custody disputes are often emotionally-charged and complex. When one or both parents maintain a residence outside the United States or are considering relocating to a foreign jurisdiction, many additional complications are likely to arise. Below, our seasoned Las Vegas child custody attorneys address some of the issues to consider in international child custody disputes.

Do the Nevada Courts Have Jurisdiction?

Courts will only resolve disputes if it has jurisdiction over the case. This is true regardless of whether the child custody dispute arises as part of a divorce or separately. A Nevada court has jurisdiction over a custody dispute if the child has resided in Nevada for at least the past six months. If the child has not been residing in Nevada for six months, Nevada courts generally lack jurisdiction to resolve the matter, and the case must be filed elsewhere.

Deciding Custody in an International Divorce

When the parents reside in different countries, it is typically impractical for the child to share equal time with both parents. The parents or the court will have to decide with whom the child will primarily reside, meaning which country. Assuming the parties cannot agree, the court will conduct an analysis based on the “best interests of the child.” The analysis will include factors such as:

The child’s connection to the foreign locale
Their language skills
The financial means of both parents
The flexibility in the schedules of both parents and the ability to relocate
The degree to which the co-parents can amicably agree on a co-parenting agreement
Whether or not the foreign country is a party to the Hague Convention

Building an International Parenting Plan

Ultimately, the court or the parents will need to determine the child’s primary residence, meaning where the child will go to school, spend the majority of their time, and generally call home. The court will ultimately decide where the child will reside and how much parenting time each parent will be granted. The parties and the court must work together to set out a parenting plan addressing issues including:

Maintaining regular communication between the child and both parents
Determining who pays for travel for the parents and the children
The custodial parent’s responsibilities for keeping the noncustodial parent involved in key child rearing decisions and the child’s day-to-day life

Relocating Children to a Foreign Country

A final divorce decree may not be the final word on the matter. Months or years after a divorce, one parent may choose to move to another country, which can create complications when the couple shares children. Assuming the co-parents do not agree, the moving party will need to obtain permission from the court before relocating the children to a foreign country. As with other relocation requests, the court will consider:

Whether the request is made in good faith and the move is for a good faith reason
Whether the move is in the child’s best interests and will improve the quality of life for the child and parent
Whether there is a realistic visitation schedule proposed by the moving parent and whether the moving parent is likely to comply with required visitation
Other factors relating to the child’s best interests

Get Help with an International Child Custody Dispute

Our seasoned attorneys are prepared to help you resolve all issues concerning an international child custody dispute. Whether you are currently divorcing, dealing with the fallout from a prior divorce, or facing child custody issues standalone, our Nevada child custody legal team is here to help. We will explain to you what we offer our clients. Then you can decide if a consultation is right for you. Call our office at 702-460-8005 to personally speak with one of them.

Community Property in Las Vegas Divorces

Posted on February 6, 2021 | by The Abrams Law Firm LLC

Every divorce involves the distribution of marital property in some form. Different states have different rules about what constitutes marital property. Complicating the divorce process are issues such as separate property before marriage and prenuptial and post nuptial agreements. These are some of the different factors family courts will use in evaluating who gets what share of which property. Below, our experienced divorce lawyers explain how community property works in Las Vegas divorce cases.

What is a Community Property State?

States take one of two general approaches to the distribution of marital property: equitable distribution or community property. Equitable distribution involves weighing a variety of factors in order to apportion marital property between the two parties based on principles of equity and fairness. Obviously there is a wealth of grey areas when using the terms “equity and fairness”.

Nevada, on the other hand, is a community property state. The concept in a community property state is that the divorcing spouses’ joint assets are distributed equally. That means that all income and assets acquired by either spouse during the marriage belong equally to both parties, no matter which spouse earned the income or in whose name the property is titled. Debts acquired by either party during the marriage are also equally shared by the parties and equally distributed upon divorce.

On its face, this might seem like there are no grey areas in community property distributions. However, there are numerous factors that make a fifty-fifty split more of a concept rather than reality.

Is Distribution Always 50/50?

Because Nevada is a community property state, the default approach is for the parties to each receive an equal, 50% share of the couple’s community property. There are, however, certain circumstances under which property will not be distributed equally, including:

You hire a divorce lawyer whose skill-set is superior to the divorce lawyer hired by your spouse. This is the primary reason that one spouse gets an advantageous share of the assets. In fact, the more complicated your divorce matter is, the more having the better divorce lawyer is a factor.
The parties entered a valid prenuptial agreement that provides for a different distribution of property.
The couple entered into a settlement agreement before or during the divorce that provides for a different distribution of property.
The family court determines that one spouse “wasted” or hid community property.

What Constitutes Community Property?

Only assets that constitute community property will be divided among the parties upon divorce. Each party’s separate property will remain their own providing that the property has been kept sole and separate during the marriage. Separate property can include property acquired before the marriage, as well as property that one party received during the marriage through inheritance or by gift. If by inheritance or gift, it must be explicitly intended for only one spouse. Personal injury awards can also be considered separate property. Other property (and debt) acquired by either party during the marriage can be considered community property and owned equally by each party.

Commingling Separate and Community Property

Commingling is a term that divorce lawyers come upon frequently. Commingling, in its simplest form, is defined as mixing separate and community property. For example, let’s say that one spouse owns a home as their sole and separate property before marriage. However, during the marriage, they use community funds for mortgage payments, to pay real estate taxes, or to otherwise maintain the property. This would be a commingling of separate and community property. There are times where the commingling occurs with such frequency, and/or for such an extended period of time, that it is impossible to ascertain what portion is separate and what portion belongs to the community. In these instances, the property can be deemed completely community property.

Prenuptial and Post-Nuptial Agreements

Our divorce lawyers in Las Vegas are well familiar with determining whether these types of agreements are valid or not. Many people are surprised when they learn that their agreement will not hold up in court. There are numerous reasons why an agreement can be invalid. These reasons can include:

Did each party have the benefit of independent legal counsel before signing the agreement?
Was there sufficient time to review the agreement before signing it?
Does the agreement comport will all aspects of Nevada law?
Does the agreement have a section regarding child support?
Is there a severability clause wherein if one section of the agreement is deemed invalid, the other aspects of the agreement remain enforceable?
Is the agreement worded in such a way that it favors one party over the other so much that it is unconscionable?

Call for Expert Legal Help with Your Las Vegas Divorce Matter

Our dedicated divorce lawyers in Las Vegas are ready to help you navigate all aspects of your divorce case. This includes complex asset evaluation and property division to alimony and child custody issues. We will help you locate all assets that make up the marital estate, ensure that you get your share, and protect you and your children. Our attorneys will speak with you directly regarding a consultation. Call our office at 702-222-4021 to speak with one of them and see if what we offer is right for you.