Family Law & Divorce

Warm Springs Law Group: Serving Families in Crisis…

Family law refers to any area of the law that impacts the family such as divorce, child custody and support, guardianship of adults and children, adoption, estate planning and other issues.

OUR SERVICES INCLUDE:

  • Adoption
  • Child Custody
  • Child Support
  • Litigated Divorce
  • Negotiated Divorce
  • Divorce by Default
  • Domestication of a Foreign Decree of Divorce
  • Paternity & Custody
  • Guardianship
  • Probate
  • Family Violence / Abuse & Neglect
  • Domestic Violence Restraining Orders
  • Termination of Parental Rights

Pro Bono Work: Children’s Attorney Project (CAP) http://www.lacsn.org/practice-areas/childrens-attorneys-project

Warm Springs Law Group volunteers to represent children who’ve been the victims of abuse and neglect without charge through the Legal Aid Project of Southern Nevada. When we represent children, our job is to make sure the little one’s voice is actually heard by the system. We’ve assisted children suffering from mental health issues and depression, disabilities, sexual abuse, neglect and abuse.

Flow Chart of a Typical Divorce with Minor Children:
family-Law

Resources:

We strongly suggest that high-conflict families use Our Family Wizard to share information http://www.ourfamilywizard.com/ofw/

Link: Self-Help Center http://www.clarkcountycourts.us/shc/index.htm

Link: Seminar for Separating Parents (mandatory in Clark County) http://www.clarkcountycourts.us/shc/COPE.html

Family Law FAQs:

Do I have to go to Mediation? Usually. Meditation is mandatory for all custody cases in Clark County, Nevada, unless a request for exemption is filed.  It is normally good for families to attempt this process before having a stranger (the Judge) decide what is best for their children and family.

What is Discovery? Discovery is the process of asking each party questions and having information turned over. The new Rules of Civil Practice have streamlined this process, and it is now obligatory for each party to hand over extensive documentation. The attorneys are required to have a meeting to comply with this rule and to discuss possible settlements at the Early Case Conference.

How long does a divorce take? It depends on how much the parties can agree on.  All divorces are unique and have their own special needs.

How much does a divorce cost?

A basic default divorce with no children and agreement on the financial divisions can be done for a flat fee of $1500.00 plus court costs. This is a starting point. The amount goes up depending on the complexity of issues, the amount of work to be done, and the amount of compromise that can be made. It is unfortunate, but sometimes the cost of divorce is greatly increased simply because the couple wants to argue through their attorneys. Sadly too, sometimes compromise simply cannot be done, such as in cases where one spouse is accused of abuse.

Our marriage was extremely brief. Can it be annulled?

Not usually. An annulment is generally only available if there was fraud, lack of capacity, duress, or some other qualifying event. Otherwise the State of Nevada considers marriage to be legally binding requiring a decree of divorce to dissolve.

What are the types of custody arrangements in Nevada?

Nevada recognizes a distinction between legal and physical custody. Legal custody is the right to be involved in your child’s upbringing, including major decisions. A court to order anything but joint legal custody. Sole custody usually results from actions for abuse or neglect, but relatively rare in most divorce cases.

It is public policy in the State of Nevada to award both parents joint physical custody. Generally this means that the children spend an equal or close to it, with each parent. This also assumes that both parents co-parent or jointly make decisions about the child. To this end, we always suggest that the parents live in the same school zones or as close as possible to make taking children to school and exchanging the children easier.

There are situations in which the court will award one parent primary physical custody. This can happen if one parent lives out of the valley, their work schedule is such that they can’t take care of the child half of the time, just don’t want joint physical custody or the parents can’t get along. These are called high conflict cases. In those cases, the courts can order the parties to go to an 8 week co-parenting class as well as obtain other services.

What if there are allegations of child abuse? Allegations of child abuse are extremely serious and can have severe consequences. Unless the abuse is already “proven” through a criminal or CPS case, these cases are expensive and will require at least one appointed expert, sometimes two. If you are aware of abuse call the Child Abuse Hotline to report at (702) 399-0081. If you believe allegations have been made against you solely for custody purposes, call an attorney immediately. Early legal representation can guide you through building a record, protecting yourself as even the parent making allegations can – and often is – charged with failure to protect and neglect.  An attorney can inform you of both your rights and duties.

I was awarded property or payment in the divorce and my ex didn’t pay. How do I get my award? Call our law firm immediately. We collect on family law judgments including attorney fee awards, property settlements, alimony and back child support (subject to conflict checks and case evaluation). We typically charge 25% of every dollar collected post-judgment, and are highly successful with collections following a family law case. Although the District Attorney’s office also collects on support orders, you may want to discuss with us your options if you are owed money for property and settlements. We can often collect faster, or if there are multiple awards you will want to collect the non-support before turning over the support case. Please see our Collections & Judgments page.

One question we get is can the family court award custody of the children to grandparents? In Micone v. Micon the Nevada Supreme Court addressed this questions and held that the court could not award custody of the children to grandparents or anyone else unless they were a party to the action.