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FAMILY LAW

FAMILY MATTERS!

LOWEST PRICE LAWYERS offers legal services in the area of family law including but not limited to child custody and support, divorce and more!


We will represent and fight for your interest in a divorce proceeding and fight for your children as if we are fighting for our own. We will represent you during every step of the way and will do so zealously. 


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Family Law

Family Law

Going through a divorce

Uncontested Divorce v. Contested Divorce

Dealing with a divorce proceeding could be a very stressful situation. If the parties could agree to the terms of the divorce decree before or on the onset of filing a complaint, then the divorce could be an Uncontested Divorce. An Uncontested Divorce is the parties agree to terms in all areas including but not limited to custody, asset division, alimony, debt distribution etc. If the parties agree, then your attorney could draft the appropriate paper work and get it filed with the court. 


On the other hand, if the parties do  not agree, then you have a Contested Divorce. This occurs when the parties are in disagreement about essential terms such as custody, alimony, asset division, community waste etc. Therefore, the appropriate paperwork will need to be filed with the court and an evidentiary hearing to be set before a Judge to determine the outcome of the pending issues. 


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Assets to Divide in a Divorce

Nevada first and foremost is a community property state. This means that any income, property, money or other assets attained after marriage are considered community property and each spouse has a 50% interest in the asset. Similarly, all debts incurred during the marriage are considered community debts and both spouses are equally liable for them.


There are two types of property. Just remember though only community property is what must and will be split in half at the time of divorce unless a 

premarital agreement or mutual agreement.


Community Property is all that is attained after marriage, such as: Income attained by either spouse during the marriage by way of wages, real estate, tax refunds, bonuses, stocks etc. Your home that is shared and lived in together while married or any other property acquired during the marriage. Gifts that you received from your spouse and vice versa. Benefits that arise out of an investment made by either spouse or both during the marriage in business arena. Any type of item that you can find the value of like a car or motorcycle or a boat or a plane or a RV or a rare collection or artwork or apparels of the home like furniture, rugs, antiques, etc. Retirement and or pension plans could count as community property based on a formula.  

 

Separate Property are assets that were  acquired by either spouse before the date of marriage and are not mingled with community property, such as: Real property that either spouse came into owning it before the marriage and the spouse made sure to keep separate during the marriage. 

Inheritances received before or during the marriage are separate property. Also, personal injury awards are considered to be separate property. 


Usually all property acquired during the marriage is considered to be community property. If you believe that certain property is separate, then it is important to keep clear and convincing proof that you acquired it before the marriage or that it was gifted to you and intended only for you.